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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 O,,c, -11A 1036-tl Dare p..,aroorrrrY! O11 2/2012 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 IntaNAME: gro V&A Inc.InO. �._ �.___ PNONE FAX'___._.___..._._. 404.439-8020 i ac xe6___ dba Intern Insurance Brokers gaL suit Paachtrea Road, NE _ E.Msuit. Area dGeDa.fRorrieeintegrogtouy. cm 1600 INSURER(S7 AFFOROMG COVEPACEv� 1 NAICp Atlanta, GA 30326 Travelers Property Caeuelty Co. of INSURED INSURERS Or- Paul Fire and Marine Ins Co. DESERT CLASSIC CHARITIES —--------- -� ----- 39 000 BOB HOPE pRIVE WBURERC: w8uaE0.0. � INSURER E, I RANCHO MIRAGE, CA 92270 __ INSURERF 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 TYPE OF INSURANCE DOLT POUCYEFi -POLICY EX�"�"-'-'- POLICY WOD IVYYYY -- —''-- ' LIMITS A GENERAL LIABILITY X 660-1005HO72-12 01/01/1 01/01/13 EACH OCCURRENCE $ 1, 000, 000 'Y COMAIERCIAL GENERAt LIABILITY i -I CLAIMS.MAOE I X OCWH I �X. Contractual LSab111ty 1 1 I r i P t occx0000 000 �_ ar,reY A!ED EXP (AnY ane person) -$10, 000 PERSONAL au)V INJ.lRY51,000 000 ( — PHODUCTS CCMgOPaGG.S a•000 000 POLICY % PR T Ir LOC ( - .._ v._., ._. .........._. 8 auromoelLE �HIREDAVTOS ... LLeenm ANY AUTO aL:OWNEO SCHEDULED AUTOS _ AUTOS )NON-0WNEU . AvT08 ( I ( I " ca�iaeo SINGLE LIMIT _—.5_________..___.._._ BODILY INJURY (Par pa -son) t $ BODILY INJJRY(PorawMe 0j5 i'6RjjfEH"1'DAMAGC LPa a�atl9N __ i S A :X UMBREUA UAa OCCUR % CUP-9039YO71-12 Ol/OS/1 O3101/13 ' EACH OCCURRENCE If 51009 000 E%CE83IUB CUIMS-MADE i ____� .AGGREGATE ,551000, 009 OEO X RETEMION530,000-y----5 ---- 1 WORKERSCOMPENSATION AND EMPLOYERSLLABILHY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER,MEMBER EXCLUDED? NIA I ( !. �EL WC STATU I v.K. TGRYLM S R„_„ EACH ACCIDENT t$ (Manaamry M NH) ILyA. aeaMWrMtler.. DESCRIPTION OF OPERATIONS below . E.L. DISEASE - EA-EMM.OYFE S E.L. DISEASE- POLICY LIMIT' S e ERCaea Umbrella � It 20P-i4P13011-32-NF Ol/01/1 01/01/13 I i 8xcess Uabralln 5,000,000 1 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 CO D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 =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. CG D1 86 1103 Copyright, The Travelers Indemnity Company, 20D3 Page 5 of 5 OW586