Desert Classic Charities/MOU 12MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF LA QUINTA
AND
DESERT CLASSIC CHARITIES
This Memorandum of Understanding ("MOU") is made by and between the CITY OF
LA QUINTA, a municipal corporation and charter city ("CITY"), and Desert Classic Charities
("DCC"), a 501.C3 Non -Profit Organization, with respect to the following:
RECITALS
WHEREAS, it is the mission of both the CITY and DCC to provide recreation, health
and fitness opportunities for residents in the community;
WHEREAS, the parties wish to assume certain responsibilities in connection with
two (2) promotional opportunities as follows:
Wellness Walk and Healthy Fun Fair on Saturday, January 12, 2013, and La Quinta
Certified Farmers Market on Sunday, January 13, 2013 hereinafter referred to as
("EVENTS"), and more particularly described on Exhibit A.
WHEREAS, this document assigns responsibilities for certain tasks to be performed
by CITY and DCC; and
WHEREAS, CITY and DCC desire to work cooperatively utilizing all available existing
Desert Recreation District and CITY assets to maximize the recreation, health and fitness
opportunities for residents in the community.
NOW, THEREFORE, CITY and DCC agree to the following:
1.0 TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1.2 This MOU is to remain in effect for 1 (one) year following its execution by the
parties to this MOU. This MOU may be terminated at any time by any of the parties to the
MOU with a 30 (thirty) day notice to the remaining parties. Should one party elect to
terminate participation under this MOU, the remaining parties may continue the meetings
and collaboration contemplated in this MOU. This MOU will automatically terminate should
a simple majority of parties to the MOU terminate participation with appropriate notice as
defined above.
2.0 OBLIGATIONS OF THE CITY. The CITY will provide the services listed on Exhibit B
attached and incorporated ("CITY obligations").
3.0 OBLIGATIONS OF DCC. DCC will provide the services listed on Exhibit C attached
and incorporated ("DCC obligations").
4.0 MUTUAL INDEMNITY AND RELEASE. The City and DCC each hereby agree to
indemnify, defend, and hold harmless the other party and its officers, employees, agents,
Page 1 of 9
and authorized volunteers (collectively, "Indemnitees") from and against any and all claims,
causes of action, obligations, losses, liabilities, judgments, or damages, including
reasonable attorneys' fees and costs of litigation (collectively "Claims") arising out of
and/or in any way relating to the indemnifying party's activities in the performance of this
Memorandum, or to the indemnifying party's acts and/or omissions in providing or
administering the same, excepting only those Claims arising out of the sole negligence or
willful misconduct of the Indemnitees. This Agreement is not intended to and specifically
does not create joint and several liability.
5.0 INSURANCE. The Parties agree to provide insurance in accordance with the
provisions of this Section.
5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions
provided herein, CITY, at its sole expense, shall obtain and keep in force during the term of
this MOU and any extensions thereof, a policy or policies of general liability insurance
covering all injuries to persons and damage to property occurring in, upon or about the
Premises resulting from any actions or omissions of the CITY or any use of the Premises by
the City or its invitees in accordance with the terms of this MOU. The policy or policies
evidencing such insurance shall be endorsed to name DCC its officials, officers, employees,
and agents as additional insured, shall provide that same may not be cancelled or amended
without thirty (30) days prior notice to DCC, and shall provide for a combined single limit
coverage of bodily injury and property damage in the amount of not less than One Million
Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company
licensed to do business in the State of California and be rated A-/VIII or better by
ambest.com. Prior to the Commencement Date of this MOU, and upon renewal of such
policies, the CITY shall submit to DCC certificates of insurance and any applicable
endorsements evidencing that the foregoing policy or policies are in effect. At the CITY's
option, CITY shall be allowed to self -insure the insurance coverage as required above.
5.2 DCC's Insurance Obligation. Without limiting the indemnification provisions
provided herein, DCC, at its sole expense, shall obtain and keep in force during the term of
this MOU and any extensions thereof, a policy or policies of general liability insurance
covering all injuries to persons and damage to property occurring in, upon or about the
Premises resulting from any actions or omissions of DCC or any use of the Premises by
DCC or its invitees in accordance with the terms of this MOU. The policy or policies
evidencing such insurance shall be endorsed to name the CITY, its officials, officers,
employees, and agents as additional insured, shall provide that same may not be cancelled
or amended without thirty (30) days prior notice to CITY, and shall provide for a combined
single limit coverage of bodily injury and property damage in the amount of not less than
One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance
company licensed to do business in the State of California and be rated A-/VIII or better by
ambest.com. Prior to the Commencement Date of this MOU, and upon renewal of such
policies, DCC shall submit to CITY certificates of insurance and any applicable
endorsements evidencing that the foregoing policy or policies are in effect. At the DCC's
option, DCC shall be allowed to self -insure the insurance coverage as required above.
6.0 ADDITIONAL PROVISIONS.
6.1 In all cases, the language in all parts of this MOU shall be construed according to its
fair meaning and not strictly for or against either party, if being agreed that the parties or
their agents have all participated in the preparation of this MOU.
Page 2 of 9
6.2 This MOU contains the entire agreement of the Parties and supersedes any prior
oral or written statements or agreements between the Parties regarding the operation of
the EVENTS.
6.3 No termination of this MOU shall release either party from any liability or obligation
hereunder resulting from any acts, omissions or events happening prior to the termination
of this MOU.
6.4 In the event either party brings any suit or other proceeding with respect to the
subject matter or enforcement of this MOU, the prevailing party (as determined by
California law) shall, in addition to such other relief as may be awarded, be entitled to
recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually
incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs
incurred in establishing the right to indemnification).
6.5 No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
6.6 This Agreement is not intended to and does not create any joint venture between
the parties and each party remains an independent contractor as to the other. Each party
shall bear its own liability and there is no joint and several liability as a result of this
agreement.
IN WITNESS WHEREOF, CITY and DCC have executed this Memorandum as evidenced by
the signatures contained below:
CITY OF LA
Spevacek
Dated
ATTEST:
By: 5�;.
Susan Maysels
City Clerk
APPROVED AS TO FORM AND
CONTENT:
By:
SMED IN COUNTERPART
M. Katherine Jenson
City Attorney
DESERT CLASSIC CHARITIES
By:
Larry'O. Thiel
Tournament Chairman
10/15/2012
ATTEST:
By:
David Erwin
APPROVED AS TO FORM AND
CONTENT:
By: «
David / Erwin
Page 3 of 9
6.2 This MOU contains the entire agreement of the Parties and supersedes any prior
oral or written statements or agreements between the Parties regarding the operation of
the EVENTS.
6.3 No termination of this MOU shall release either party from any liability or obligation
hereunder resulting from any acts, omissions or events happening prior to the termination
of this MOU.
6.4 In the event either party brings any suit or other proceeding with respect to the
subject matter or enforcement of this MOU, the prevailing party (as determined by
California law) shall, in addition to such other relief as may be awarded, be entitled to
recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually
incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs
incurred in establishing the right to indemnification).
6.5 No waiver of any term or condition of this Agreement shall be a continuing waiver
thereof.
6.6 This Agreement is not intended to and does not create any joint venture between
the parties and each party remains an independent contractor as to the other. Each party
shall bear its own liability and there is no joint and several liability as a result of this
agreement.
IN WITNESS WHEREOF, CITY and DCC have executed this Memorandum as evidenced by
the signatures contained below:
.CITY OF LA QUINTA
Frank J. Spevacek
City Manager
Dated:
ATTEST:
By: SIGNED W COUNTWAgr
Susan Maysels
City Clerk
APPROVED AS TO FORM AND
DESERT CLASSIC CHARITIES
ay:
Larrf 0. Thiel
Tournament Chairman
Dated: 10 / 15 / 2012
ATTEST:
BY:
Davi . Erwin
APPROVED AS TO FORM AND
CONTENT:
By:
David Erwin
Page 3 of 9
0
EXHIBIT "A" o s ®® o
Q HUMANA Wellness Walk & Healthy Fun Fair ®�®'
Saturday, January 12, 2013
Walk: 8am-10am
Fair: 9am-1 pm
To provide a healthy, fun, community event that encourages wellness through
healthy eating and active living.
Event Outline
Wellness Walk — Anticipated attendance: 500-750 people
1. Route
a. Bear Creek Path
i. Starting at Calle Tampico & Eisenhower Drive
1. The walk will be an "out and back" format
2. Four (4) Rest stops — Not to Exceed $300
a. Avenida Carranza
i. Snacks / Drinks
b. Calle Ensenada
i. Snacks / Drinks
C. Calle Chillon
i. Snacks / Drinks
d. Calle Tecate
i. Snacks / Drinks
3. Giveaway items
a. To be picked up from the event site after conclusion of the walk.
i. Water bottle
ii. Cap
iii. T-shirt
iv. Other?
4. Branding — Not to Exceed $2,000
a. New banner and signage templates currently under development with
GMR.
5. Miscellaneous Supplies — Not to Exceed $100
Healthy Fun Fair — Anticipated attendance: 2,000-5,000 people
1. Entertainment
a. Two (2) stages (infield & left field)
i. Infield
Page 4 of 9
1. Live music - Not to Exceed $3,000 - Musical act/s will
be lively and energetic
ii. Left field
1. Youth performers from City and ORD programs
a. Youth dance troupes
2. Active demos
a. Karate/Taekwondo
b. Zumba Fitness
b. Information booths - Not to Exceed $5,000
i. Includes table and two (2) chairs
1.
Hospitals
2.
Local health professionals
3.
Health based non -profits
4.
Health food stores
5.
Community partners
C. Kids Fun Zone (center field) - Not to Exceed $5,000
i. Inflatables
ii. Game booths
1. Four (4) games
iii. Lawn games
1. Tug-o-war
2. Sack races
d. Food vendors
i. Healthy food vendors
e. Fitness Center
i. Open during event
1. Free admission
2. Equipment demos
2. Branding - Not to Exceed $3,000
a. New banner and signage templates currently under development with
GMR.
3. Logistical Rentals - Not to Exceed $4,900
a. $600 - Generators - Five (5) units - 6.5kw or better
b. $800 - Umbrella Tables - Twelve (12) tables with market umbrellas
C. $3,500 - Stage & Sound System - Infield staging with PA system
4. Miscellaneous Supplies - Not to Exceed $300
5. Overnight Security - Not to Exceed $400
a. One guard
6. Administration and Planning
Page 5 of 9
a. 15% of total event cost
Budget Summary
*Walk Promo Items
Wellness Walk
Healthy Fun Fair
Administration & Planning
TOTAL
*Provided by Humana
$ 2,400
$21,600
$ 3,600
$27,600
In future years, this plan could be replicated in other valley cities such as Palm
Desert.
® HUMANA Day @ Certified Farmers' Market
Sunday, January 13, 2013 ®i
QU ev 8am - 12:30pmVK
To promote healthy eating through local growers and
•
producers, slow food demonstrations and community education.
Event Outline
Existing Farmer's Market
1. Local food growers and producers booths
a. Fruits
b. Vegetables
C. Cut flowers
d. Honey
e. Eggs
f. Nuts
g. Herbs
h. Bread
i. Cheese
j. Organic meats
2. Live music
a. Local musical artist
3. Food Demonstrations - Not to Exceed $500
a. Popular Local Chefs
b. La Quinta High School Culinary Program Cooking Contest
4. Branding - Not to Exceed $4,300
a. Naming Rights
i. $1,000 - event renamed for one day as Humana Day @
Certified Farmers' Market
Page 6 of 9
b. Banners
i. $2,300 - New banner and signage templates currently under
development with GMR.
C. Food Service
i. $1,000 - Branded cups and plates
5. Logistical Rentals - Not to Exceed $4,600
a. $1,500 - Kitchen Equipment rentals for food demos
b. $2,000 - PA system
C. $300 - Chairs
d. $800 - Demonstration tent
6. Miscellaneous Supplies - Not to Exceed $300
7. Overnight Security - Not to Exceed $400
a. One guard
8. Administration and Planning
a. 15% of total event cost
Budget Summary
Events Costs $10,100
Admin & Planning $1,300
TOTAL $11,400
Page 7 of 9
FXHIRIT "R"
Responsibilities of CITY
I. Wellness Walk and Healthy Fun Fair
a. Plan and organize Wellness Walk
L Secure Temporary Use Permit for Wellness Walk and Healthy Fun Fair
ii. Coordinate with La Quinta Police Department on traffic safety plan to
get walkers from park site to starting location on Bear Creek Trail
iii. Provide distance measurements for each rest stop
iv. Secure staff and/or volunteers at start and rest stops
V. Provide starting area and rest stop signage
b. Plan and organize Healthy Fun Fair
i. Coordinate with facility owner for approval of event site
ii. Coordinate promotional items for distribution to participants
iii. Secure Kids Zone amenities
iv. Secure stage and sound system for stage
V. Secure healthy food vendors
vi. Secure health professional agencies for information booths
vii. Locate and acquire logistical rentals as detailed in attached event
outline
viii. Coordinate with Desert Recreation District to provide free admission to
Fitness Center for the day and offer equipment demos, etc.
ix. Provide marketing materials for event
II. Farmers Market
a. Coordinate with facility owner for approval
b. Coordinate with Farmers Market promoter
C. Coordinate with local chefs for food demonstrations
d. Secure High School Culinary program for food competition
III. CITY agrees to expend an amount not to exceed $39,000 to secure event amenities
as detailed in the attached event outline. Expenditures shall be reimbursed by DCC
within 30 (thirty) days of submitted invoice or receipt.
Page 8 of 9
EXHIBIT "Co
Responsibilities of DCC:
Wellness Walk and Healthy Fun Fair
a. Coordinate with CITY for Humana Challenge branding
b. Provide Humana Challenge booths
II. Farmers Market
a. Coordinate with CITY and event promoter for Humana Challenge branding
b. Provide Humana Challenge booths with information and ticket sales
III. DCC agrees to provide reimbursement payments to CITY for securing event
amenities as detailed in the event outline. Payments must be made to CITY within
30 (thirty) days of submitted invoice or receipt.
a. CITY shall be paid a total amount not to exceed $39,000.
Page 9 of 9
A URDp CERTIFICATE OF LIABILITY INSURANCE
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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 poiicy(ies) must 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 life
certifcate holder in lieu of such endorsements .
PRODUCER 1-404-439-8000
CONTACT DOn2la MorY18
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Atlanta, GA 30326
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INSURED
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DESERT CLASSIC CHARITIES
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RANCHO MIRAGE, CA 92270
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
IN RiRR
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES P1Naah ACORD 101, Atltlillonat Remarhe SchetlWe, ilmon aDece b rowirotl)
Additional Zaauradf City of Laquinta, its directors, offiOials, officers, employees and agents - as required
by written contract.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
of L&QUinta THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
78-495 Calla TWapiCO AUTHORRED REPRESENTATIVE
LaQuinta, CA 922S2
USA �ClC1-fLt, /X(<GYIIN
CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
dmorzis
25138584
POLICY NUMBER: X-660-1005Ma72-TIL-12
COMMERCIAL GENERAL LIABILITY
ISSUE DATE:01-11-12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
TOTAL GENERAL AGGREGATE LIMIT
DESIGNATED PROJECT(S) - GENERAL
AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Total General Aggregate Limit: $ 2, 000, 000
Designated Project(s): ciTY of LA QUINTA
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. The Total General Aggregate Limit stated in the
Schedule above is the most we will pay for the .
sum of all:
1. Medical Expenses under COVERAGE C
(SECTION 1);
2. Damages under COVERAGE A (SECTION 1).
except damages because of 'bodily injury" or
"properly damage" included in the "products -
completed operations hazard" and
3. Damages under COVERAGE B (SECTION 1)
regardless of the number of: _
a. Insureds:
b, Claims made or "suits" brought;
c. Persons or organizations making claims or
bringing "suits"; or
d. Designated "projects" listed in the SCHED-
ULE above.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION 1), and
for all medical expenses caused by accidents un-
der COVERAGE C (SECTION 1), which can be at-
Iributed only to operations at a single designated
"project" shown in the Schedule above:
1. A separate Designated Project General Ag-
gregate Limit applies to each designated "pro-
ject". and that limit is equal to the amount of
the General Aggregate Limit shown in the
Declarations.
2. Subject to the Total General Aggregate Limit
stated in the Schedule above, the Designated
Project General Aggregate Limit is the most
we will pay for the sum of all damages under
COVERAGE A, except damages because of
"bodily injury" or "properly damage" included
in the "products -completed operations haz-
ard", and for medical expenses under COV-
ERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
GG D3 21 Ot 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a
general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO-
VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered.
A. Broadened Named Insured
B. Damage To Premises Rented To You Extension
• Perils of fire, explosion, lightning, smoke, water
• Limit increased to $300,000
C. Blanket Waiver of Subrogation
D. Blanket Additional Insured — Managers or
Lessors of Premises
E. Blanket Additional Insured —Lessor of
Leased Equipment
F. Incidental Medical Malpractice
G. PersonalInjury — AssumedbyContract
H. Extension of Coverage — Bodily Injury
PROVISIONS
A. BROADENED NAMED INSURED
1. The Named Insured in Item 1. of the Declara-
tions is as follows:
The person or organization named in Item 1.
of the Declarations and any organization,
other than a partnership or joint venture, over
which you maintain ownership or majority in-
terest on the effective date of the policy.
However, coverage for any such organization
will cease as of the date during the policy pe-
riod that you no longer maintain ownership of,
or majority interest in, such organization.
2. WHO IS AN INSURED (Section IQ Item 4.a.
is deleted and replaced by the following:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever Is earlier, unless
reported in writing to us within 180 days.
3. This Provision A. does not apply to any per-
son or organization for which coverage is ex-
cluded by endorsement.
I. Injury to Co -Employees and Co -Volunteer
Workers
J. Aircraft Chartered with Crew
K. Non -Owned Watercraft — Increased
from 25 feet to 50 feet
L. Increased Supplementary Payments
• Cost for bail bonds increased to $2,500
• Loss of earnings increased to $500 per day
M. Knowledge and Notice of Occurrence
or offense
N. Unintentional Omission
O. Reasonable Force — Bodily Injury or
Property Damage
B. DAMAGE TO PREMISES RENTED TO YOU
EXTENSION
1. The last paragraph of COVERAGE A. BOD-
ILY INJURY AND PROPERTY DAMAGE Lk
ABILITY (Section I — Coverages) is deleted
and replaced by the following:
Exclusions c. through In. do not apply to dam-
age to premises while rented to you, or tem-
porarily occupied by you with permission of
the owner, caused by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water.
A separate limit of insurance applies to this
coverage as described in LIMITS OF INSUR-
ANCE (Section III).
2. This insurance does not apply to damage to
premises while rented to you, or temporarily
CG D11 86 1103 Copyright, The Travelers Indemnity Company, 2003
90684
Page 1 of 5
whom you have agreed in a written contract, exe-
cuted prior to loss, to name as an additional in-
sured, but only with respect to their liability arising
out of the maintenance, operation or use by you
of equipment leased to you by such additional In.
sured, subject to the following provisions:
i. Limits of Insurance. The limits of insurance
afforded to the additional Insured shall be the
limits which you agreed to provide, or the lim.
its shown on the Declarations, whichever is
less.
2. The insurance afforded to the additional in-
sured does not apply to:
a. Any 'Occurrence" that takes place after
the equipment lease expires; or
b. 'Bodily injury" or "property damage" aris-
ing out of the sole negligence of such ad-
ditional insured.
3. The insurance afforded to the additional in-
sured is excess over any valid and collectible
insurance available to such additional in-
sured, unless you have agreed in a written
contract for this insurance to apply on a pri-
mary or contributory basis.
F. INCIDENTAL MEDICAL MALPRACTICE
1. The definition of "bodily injury" in DEFINI-
TIONS (Section V) is amended to include "In-
cidental Medical Malpractice Injury".
2. The following definition is added to DEFINI-
TIONS (Section V):
"Incidental medical malpractice injury" means
bodily injury, mental anguish, sickness or dis-
ease sustained by a person, including death
resulting from any of these at any time, aris-
ing out of the rendering of, or failure to ren-
der, the following services:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages;
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances; or
c. First aid.
3.
4.
COMMrRC1AL GENERAL LIABILITY
for which no remuneration is demanded
or received.
Paragraph 2.a.(1)(d) of WHO IS AN IN-
SURED (Section II) does not apply to any
registered nurse, licensed practical nurse,
emergency medical technician or paramedic
employed by you, but only while performing
the services described in paragraph 2. above
and while acting within the scope of their em-
ployment by you. Any "employees" rendering
"Good Samaritan services" will be deemed to
be acting within the scope of their employ-
ment by you.
The following exclusion is added to paragraph
2. Exclusions of COVERAGE A. — BODILY
INJURY AND PROPERTY DAMAGE LIABIL-
ITY (Section I — Coverages):
(This insurance does not apply to:) Liability
arising out of the willful violation of a penal
statute or ordinance relating to the sale of
pharmaceuticals by or with the knowledge or
consent of the insured.
For the purposes of determining the applica-
ble limits of insurance, any act or omission,
together with all related acts or omissions in
the furnishing of the services described in
paragraph 2. above to any one person, will be
considered one "occurrence".
6. This Provision F. does not apply if you are in
the business or occupation of providing any of
the services described in paragraph 2. above.
7. The insurance provided by this Provision F.
shall be excess over any other valid and col-
lectible insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to be excess of
this policy.
G. PERSONAL INJURY ASSUMED BY CON-
TRACT
1. The Contractual Liability Exclusion in Part
2., Exclusions of COVERAGE B. PER-
SONAL AND ADVERTISING INJURY LIABIL-
ITY (Section I — Coverages) is deleted and
replaced by the following:
d. "Good Samaritan services". As used in (This insurance does not apply to:)
this Provision F., "Good Samaritan ser- Contractual Liability
vices" are those medical services ren- "Advertising injury" for which the insured has
dered or provided in an emergency and assumedliability in a contract or agreement.
This exclusion does not apply to liability for
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=565
2. In Part d. the amount we will pay for loss of
earnings is increased to $500 a day.
M. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
1.
P41
The following is added to COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section
IV), paragraph 2. (Duties In The Event of Oc-
currence, Offense, Claim or Suit):
Notice of an "occurrence" or of an offense
which may result in a claim under this insur-
ance shall be given as soon as practicable af-
ter knowledge of the "occurrence" or offense
has been reported to any insured listed under
Paragraph 1. of Section II — Who Is An In-
sured or an "employee" (such as an insur-
ance, loss control or risk manager or adminis-
trator) designated by you to give such notice.
Knowledge by other "employee(s)" of an "oc-
currence" or of an offense does not imply that
you also have such knowledge.
Notice shall be deemed prompt if given in
good faith as soon as practicable to your
workers' compensation insurer. This applies
only if you subsequently give notice to us as
soon as practicable after any insured listed
under Paragraph 1, of Section II — Who Is An
Insured or an "employee" (such as an insur-
ance, loss control or risk manager or adminis-
trator) designated by you to give such notice
discovers that the "occurrence", offense or
claim may involve this policy.
3. However, this Provision M. does not apply as
respects the specific number of days within
COMMt rtCIAL GENERAL LIABILITY
which you are required to notify us in writing
of the abrupt commencement of a discharge,
release or escape of "pollutants" which
causes "bodily injury" or "property damage"
which may otherwise be covered under this
policy.
N. UNINTENTIONAL OMISSION
The following is added to COMMERCIAL GEN-
ERAL LIABILITY CONDITIONS (Section IV),
paragraph 6. (Representations):
The unintentional omission of, or unintentional
error in, any information provided by you shall not
prejudice your rights under this insurance. How-
ever, this Provision N. does not affect our right to
tolled additional premium or to exercise our right
of cancellation or nonrenewal in accordance with
applicable state insurance laws, codes or regula.
tions.
O. REASONABLE FORCE — BODILY INJURY OR
PROPERTYDAMAGE
The Expected Or Intended Injury Exclusion in
Part 2., Exclusions of COVERAGE A. BODILY
INJURY AND PROPERTY DAMAGE LIABILITY
(Section I — Coverages) is deleted and replaced
by the following:
(This insurance does not apply to:)
Expected or Intended Injury or Damage
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of rea-
sonable force to protect persons or property.
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