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HomeMy WebLinkAboutMissoula Children's Theatre; 2019-09-20; City Attorney Approved Version 1/30/13 1 AMENDMENT NO.1 TO EXTEND AND AMEND AGREEMENT FOR PERFORMING ARTS CAMP SERVICES MISSOULA CHILDREN’S THEATRE This Amendment No. 1 is entered into and effective as of the 9th day of August, 2020, extending and amending the agreement dated September 20, 2019 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and MISSOULA CHILDREN’S THEATRE, a non-profit corporation (“Contractor") (collectively, the “Parties”) for children’s theatre instruction and production. RECITALS A. On September 20, 2019, the Parties executed the original professional agreement; and B. The Parties desire to extend and amend the Agreement’s scope of work to the change of production to Hansel and Gretel (HG-1) and reschedule to April 5 to 10, 2021. C. The Parties have negotiated and agreed to the amended scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit “A”, Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of 12 (twelve) months ending on September 20, 2021. 2. Contractor will complete all work described in Exhibit “A”. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// DocuSign Envelope ID: 3FDBD2B6-0B15-4A24-A934-ADF9FBE4EA6B City Attorney Approved Version 1/30/13 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) SUZANNE SMITHSON Library & Cultural Arts Director, As authorized by the City Manager Julie Tomasik, President (print name/title) ATTEST: By: (sign here) For BARBARA ENGLESON Brendan Briggs, Treasurer City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: For CELIA A. BREWER, City Attorney BY: Deputy City Attorney Audra Mahoney Audra Mahoney DocuSign Envelope ID: 3FDBD2B6-0B15-4A24-A934-ADF9FBE4EA6B City Attorney Approved Version 1/30/13 3 EXHIBIT “A” SCOPE OF SERVICES AND FEE Due to COVID-19 pandemic and interruption of on-site activities, both Parties have agreed to reschedule the 2020 on-site theatre art camp to 2021. The camp dates have been moved from April 13 to April 18, 2020, to April 5 to April 10, 2021, as initially described in the September 20, 2019 agreement. Both Parties have agreed that the 2021 production will now be Hansel and Gretel (HG-1). All costs associated with the production event will remain the same as agreed. Contractor did receive the $500 deposit on October 10, 2019, as outlined in the original agreement. The remaining balance of three thousand, six hundred four dollars ($3,604) will be paid on the last day of camp. Contact Information: Contractor Jonna Michelson 200 North Adams Missoula, MT 59802-4718 Email: jmichelson@MCTinc.org Phone: 406-829-5202 CITY Cultural Arts Manager Richard Schultz, 760-602-2086, Richard.Schultz@carlsbadca.gov Community Arts Coordinator Laurette Garner, 760-602-2084, Laurette.Garner@carlsbadca.gov *Throughout COVID-19 pandemic, staff may have adjusted hours and work locations. Email may be the initial preferred method of reaching staff. Invoicing / Payment All invoices submitted to City shall be sufficiently detailed to include related activities for review and approval by both City’s Cultural Arts Manager Richard Schultz or Community Arts Coordinator Laurette Garner. Final invoice approval will be completed by City’s Library & Cultural Arts Director or designee. DocuSign Envelope ID: 3FDBD2B6-0B15-4A24-A934-ADF9FBE4EA6B MCTINC0-03 SMAHONEY CERTIFICATE OF LIABILITY INSURANCE 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X SNCGL0472102 1/1/2020 1/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY PRO- LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ 5,000,000 $ A AUTOMOBILE LIABILITY SNAUT0053002 1/1/2020 1/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE SNFXS0052402 1/1/2020 1/1/2021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 030656771 7/1/2019 7/1/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: MCT Residency Week of April 5 – 10, 2021 Additional Insured per form SGL002900 (attached) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Carlsbad, Library & Cultural Arts 1635 Faraday Avenue Carlsbad, CA 92008 DATE (MM/DD/YYYY) 8/11/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Missoula Office PayneWest Insurance, Inc. P.O. Box 4386 Missoula, MT 59808 CONTACT NAME: PHONE (406) 721-1000 (A/C, No, Ext): FAX (406) 721-9230 (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Arch Insurance Company 11150 INSURED MCT, Inc. 200 North Adams Street Missoula, MT 59802 INSURER B : Montana State Fund 15819 INSURER C : INSURER D : INSURER E : INSURER F : DocuSign Envelope ID: 3FDBD2B6-0B15-4A24-A934-ADF9FBE4EA6B 00 SGL0029 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 POLICY NUMBER: SNCGL0472102 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II – WHO IS AN INSURED is amended to include as an additional insured, any person or organization you are required to add as an additional insured to this policy by written contract or written agreement which is: 1. Currently in effect or coming into effect during the term of this policy; and 2. Executed prior to the occurrence of any “property damage”, “bodily injury”, or “personal and advertising injury”. It is further understood and agreed that SECTION II – WHO IS AN INSURED is amended to also include as an additional insured, any person or organization designated in the Schedule below. SCHEDULE Additional Insured: Sponsor(s) of the Named Insured Coverage provided to any additional insured designated in the Schedule applies as follows: That person or organization is an additional insured, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: DocuSign Envelope ID: 3FDBD2B6-0B15-4A24-A934-ADF9FBE4EA6B 00 SGL0029 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. AGREEMENT FOR PERFORMING ARTS CAMP SERVICES MISSOULA CHILDREN'S THEATRE ~ THIS AGREEMENT is made and entered into as of the__,M'---'-"'._~~------day of ~~b g C:: , 2019, by and between the CITY OF CARLSBAD, a municipal corpo~~("City"), and MISSOULA CHILDREN'S THEATRE, a nonprofit corporation, ("Contractor"). RECITALS City requires the professional services of a theatre company that is experienced in children's theatre instruction and production. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. I,g_fiM This Agreement will be effective for a period of 12 (twelve) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be all inclusive Flat Fee in the amount of three thousand six hundred dollars ($3,600) plus City of Carlsbad business license expenses related to this specific performance in the amount not to exceed four dollars ($4) for a total not- to-exceed fee of three thousand, six hundred four dollars ($3,604). A deposit of five hundred dollars ($500) will be paid out upon execution of the agreement and the remaining three thousand, one hundred four dollars ($3,104) will be paid on the last day of summer camp. This all-inclusive Flat Fee will include any cost associated with the legal rights to the music that will be used to perform Sleeping Beauty for the Final Performance. The fee(s) due to the Contractor including the deposit, may, at City's sole discretion, be reduced on a pro-rata basis by the value of the services(s) not performed. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. City Attorney Approved Version 6/12/18 5. INDEMNlflCATIQN Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 6. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 6.1 Coverage and Limits Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 6.1.1. Commercial General Liability Insurance $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 6.1.2 Performer Participant/Participant Legal Liability and Sexual Abuse and Molestation coverage (if there are performer participants). $1,000,000 combined single-limit per accident for bodily injury and property damage. 6.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 6.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 6.2.1 The City, its officials, employees and volunteers will be named as an additional City Attorney Approved Version 6/12/18 2 insured on Commercial General Liability which shall provide primary coverage to the City. 6.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 6.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 6.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 6.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 6.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Richard Schultz Title Cultural Arts Manager Department Library & Cultural Arts City of Carlsbad Address 1775 Dove Lane Carlsbad, CA 92011 Phone No. 760-602-2086 For Contractor Name Jonna Michelson Title Tour Marketing Director Address 200 North Adams Missoula MT 59802-4718 Phone No. _ 406-829-5202 ______ _ Email jmichelson@mctinc.org Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 3 8. CONFUCT Of INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes □ No ■ 9. COMPUANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. \\\ \\\ \\\ \\\ \\\ \\\ 4 City Attorney Approved Version 6/12/18 1 s. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (print r?ame/title) CITY OF CARLSBAD, a municipal corporation of the State of California HEATHER PIZZUTO Library & Cultural Arts Director ATTEST: )t:J., Q,~~ Af,,, BARBARA ENGLESON r City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation m.lJ§.1 attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A;;;;p Larney By: ____________ _ Assistant City Attorney City Attorney Approved Version 6/12/18 5 EXHIBIT "A" SCOPE OF SERVICES 1. Contractor's Contact Information Jonna Michelson Missoula Children's Theatre 200 North Adams Missoula, MT 59802-4718 Email:jmichelson@MCTinc.org Phone #: 406-829-5202 2. Event Details Contractor will provide a one (1) week program during the week of April 13 through April 18, 2020, consisting of one Pre-Registration Audition Day (two hours for auditions and two hours for rehearsal on April 13, 2020), three 45-minute theatre workshops throughout the week, two 2-hour daily rehearsals (Monday through Thursday) and a three to four-hour dress rehearsal (Friday, April 17, 2020) involving up to 40 participants. The week will culminate in two performances of Sleeping Beauty on Saturday, April 18, 2020 at 3:00 p.m. and 5:30 p.m. in the Carlsbad City Library's Ruby G. Schulman Auditorium. 3. Services A. Contractor shall provide • Staffing: Two Tour Actor/Directors on-site to facilitate the one week performing arts camp. All staff has been given a criminal background check and fingerprinting completed by a nationally recognized company on every member of the Tour Staff. Extensive personal and professional reference checks have also been conducted by Contractor's Human Resource Department. • Pre-registration Audition Day: Scheduled for Monday, April 13, 2020 at 9a.m. for 30-40 2nd grade through 10th grade level participants (ages 7 through 14), which includes two hours for the audition, a 15-minute break, followed by two hours of rehearsal for a small portion of the cast. The Audition Time is the first session of the first day. • Casting: Contractor does not guarantee that everyone who auditions will be cast. • Rehearsals: Rehearsal time which includes two 2-hour rehearsal sessions scheduled each day, Monday through Thursday, with a 15-minute snack break scheduled between the sessions for those who will be staying for both sessions. On Friday, the dress rehearsal will take place the first three hours, followed by a 15-minute break, after which the older cast members will remain for one additional hour of rehearsal. On Monday, the first 2-hour session will be the audition and the second 2-hour session will be the first rehearsal. The entire time allotted for rehearsals each day will be 4 hours and 15- minutes. • Workshops: Three classroom workshops included in the week-long residency. A list of workshops is included in the online Presenter Information Materials. Workshops will be City Attorney Approved Version 6/12/18 6 scheduled with the Tour Actor/Directors and may be performed only in accordance with the group size specifications detailed on the workshop list. The workshop schedule must be finalized and provided to the team by the end of the first day of the residency following rehearsals. If the schedule is not provided verbally or in writing by this deadline, workshops shall not be conducted during the week. All assemblies are equivalent to the cost of three workshops. • Responsible Parties/Mandatory Supervision: The two Contractor's Tour Actor/Directors are responsible for the supervision of those cast members called for specific rehearsal sessions, as indicated on the cast letter, during the designated rehearsal times, including the 15 minute snack/dinner break. However, such supervision does not create an employer/employee relationship between Contractor's Tour Actor/Directors and the cast members. Nor does such supervision negate or reduce the Indemnification Provisions herein. Supervision of cast members outside of the designated 4 hours and 15 minutes of rehearsal time each day is the responsibility of the City. • Performance Content: The Contractor represents and warrants that its educational activities and Final Performance in all aspects (including any sheet music, lyrics or script as may be desired or required by City) will not violate any copyright, and that all necessary approvals to perform copyrighted works have been obtained. The Contractor agrees to indemnify, defend and save harmless the City against any copyright claim, demand, liability or expense caused by or arising out of its educational activities and Final Performance. The Contractor shall be solely responsible for the content of the Performing Arts Camp and Final Performance. • Advertising and Publicity: Contractor shall furnish the City with online access to the City Information Materials approximately ninety (90) days prior to the residency, including graphics, media releases, photo and music score. • Subject Matter: The Contractor agrees to refrain from presenting or performing material that is derogatory or critical of the City, contains sexually explicit actions or gestures, expletives and/or other obscenities, or contains racial slurs or is otherwise derogatory of any race, religion, sexual orientation, age or national origin. Should such material be presented or performed, City, in its sole discretion, may immediately terminate the contract. In the event City terminates the contract because of violation of this paragraph, City shall not be liable to the Contractor for the balance owed under this Agreement and all monies paid to the Contractor shall be full and complete payment of the Contractor's services. In the event of this occurrence, City shall not be deemed to be in breach of this agreement • Performances: Two (2) performances one at 3:00 p.m. and one at 5:30 p.m. on Saturday, April 18, 2020. Two (2) performances are included in the week-long residency fee. Any additional performance is a $300 U.S. dollar fee. • Set Assembly: A set that will be assembled one time during the residency week. If the City requires the set to be moved or disassembled prior to the culmination of performance(s) an additional set-up fee of $300 shall be assessed. • Props: All props needed to perform a production of Sleeping Beauty with 40 children. • Non-Exclusivity: Contractor does not grant any "right of exclusivity" to any Presenter. City Attorney Approved Version 6/12/18 7 B. City shall provide • Registration and Enrollment of Participants: Registration and enrollment processes for camp participants through a program registration software called CivicRec. • Staffing: One (1) On-site Coordinator to check students in and out each day and function as a Front of the House Manager during the Final Performances. One (1) Theatre Instructor to assist in coordinating participants for the Final Performance and to aid in classroom management and help with daily activities leading up to the Final Performances. One (1) Tech Staff member to work one-half day (4 hours) on Thursday, April 16, 2 020 and two full days (8 hours each) on Friday and Saturday, April 17 and 18, 2020 to help with any lighting and sound options as needed for the Final Performances and any rehearsals leading up to the afore mentioned dates. • Contractor's Lunch: Daily lunch for two (2) Contractor's staff (Monday-Friday, April 13-18, 2020) for a staff of two (2) people at a time to be determined. Lunch will consist of a protein, side dish and beverage. • Sound Amplification System: A sound amplification system that is in good working order and capable of conforming to the size of the audience, acoustics of the Venue Site and producing quality sound reproduction for the duration of the Missoula Children's Theatre and the Final Performances on Saturday, April 18, 2020. • Stage Lighting: Stage lighting that is in good working order and capable of conforming to the size of the audience, Venue Site and the needs of the Production. • Piano/Accompanist: A piano and piano player who can read music, as needed for rehearsals and performances. • Space Accommodations: Rehearsal: The City shall provide a minimum of two (2) indoor rehearsal spaces within the same complex. The spaces shall be available throughout the week, with additional workspaces available as requested by Contractor prior to the residency. Carlsbad City Library, Ruby G. Schulman Auditorium and the Gowland Meeting Room located at 1775 Dove Lane, Carlsbad CA 92011 for the program. The City will provide access to the venues from 8:30 a.m. to 3:30p.m. Performance: The City shall also provide a performance space. The performance space can be a stage, auditorium, cafeteria or gym floor -any space large enough to accommodate the set and 30-40 cast members -keep in mind additional room for the audience. • Staff Housing During Workshop: Provide housing a total of seven (7) nights for the two MCT Tour Actor/Directors, Sunday to Sunday. • Box Office: is solely responsible for the pricing and sale of tickets and is entitled to all income from ticket sales. • Advertising and Publicity: The City shall pay all costs for local publicity and City Attorney Approved Version 6/12/18 8 4. Fees performance promotion shall be paid by the Presenting Organization. Contractor shall furnish the City with online access to the City Information Materials approximately ninety (90) days prior to the residency, including graphics, media releases, photo and music score. The City must include Contractor's authorship credit and copyright information on show program. The City is strongly encouraged to give recognition in their advertising to any/all appropriate state arts councils/funding agencies for their support of the Contractor's touring program. • Parking: All parking costs related to conducting the residency week (including lodging) will be paid by the City. • Regulatory Compliance: The City shall be solely responsible for taking all reasonably appropriate action to ensure that all Contract activities and each audition, rehearsal, workshop and performance complies with the applicable governmental regulations. A. Contractor Flat-Fee The total fee payable forthe Services to be performed will be all inclusive Flat Fee in the amount of three thousand six hundred dollars ($3,600) plus City of Carlsbad business license expenses related to this specific performance in the amount not to exceed four dollars ($4) for a total not- to-exceed fee of three thousand, six hundred and four dollars ($3,604). B. Additional Fees when applicable Additional Set Assembly Set-up Fee: A set that will be assembled one time during the residency week. If the City requires the set to be moved or disassembled prior to the culmination of performance(s) an additional set-up fee of $300 shall be assessed. Contractor Show T-Shifts and CDs: The Contractor's Tour Actor/Directors may have show T-shirts and/or music cards available for sale. Proceeds from the sale of these concessions are a part of the Tour Actor/Directors weekly income. This supplemental income helps maintain low residency fees. City may not use Contractor logos or photos to create T-shirts. A $300 penalty shall be assessed if: 1) T-shirts are produced by Presenter or its agents using MCT logos or photos; 2) the MCT Tour Actor/Directors are prohibited from selling their T-shirts/music cards by the City. If the City has an in-house policy on commissions, the Tour Actor/Directors must be informed of that policy during their call on the Tuesday two weeks before the residency, so they may alter the prices accordingly. Commissions will not exceed 30% and will not apply if this notification is not given. MCT logos are copyrighted, and thus may not be reproduced on any items to be sold or distributed. Logos can be used for show program and advertising purposes only. Change Fee: If within 90 days of the first day of the residency week the City opts to change a contracted residency week to a later date in the same Tour season (summer or school year), a $500 fee shall be assessed. Date changes between Tour seasons are prohibited. Additional City Requested Performance Fee: Any additional performance is a $300 U.S. dollar fee. Note: Two (2) performances are included in the week-long residency fee. DVD Policy Fee: The City may record the MCT production to sell or commercially broadcast subject to the following: • The DVD licensing flat fee applies to all sales of show DVDs -$25 if DVD is created by the Contractor Presenting Organization and $50 if DVD is created by a professional organization. • Broadcasts may not occur simultaneously with the live performance of the play. City Attorney Approved Version 6/12/18 9 • Contractor must be credited as producer of the play. • Visual or oral credits must be included on the DVD. Credits for each particular show are included on the Show Program Template in the Presenter Materials (which will be sent approximately 90 days prior to the residency). • The DVD must contain a visual or oral statement that DVD is only for personal use. • Contractor shall receive a complimentary copy of the DVD. 5. Invoicing/ Payment All invoices shall be submitted to City's Cultural Arts Manager Richard Schultz or Community Arts Coordinator Laurette Garner and shall be sufficiently detailed to include related activities and costs. Final invoice approval will be completed by City's Library & Cultural Arts Director or designee. City Attorney Approved Version 6/12/18 ~ MCTINC0-03 SMAHONEY ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/25/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Missoula Office Ft8,Ntio, Ext): (406) 721-1000 I rie~. No):(406) 721-9230 PineWest Insurance, Inc. P .. Box4386 itD'M~ss: Missoula, MT 59808 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A :Arch Insurance Comoanv 11150 INSURED INSURER B: Montana State Fund 15819 MCT, Inc. INSURER C: 200 North Adams Street INSURER D: Missoula, MT 59802 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 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. 1N'if TYPE OF INSURANCE ~.?J>c\-SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS uwn A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ ~ CLAIMS-MADE [Kl OCCUR X X SNCGL0472101 1/1/2019 1/1/2020 ~~~~*~J9E~~~JJJlencel $ 1,000,000 ~ ~ MED EXP (Anv one oersonl $ PERSONAL & ADV INJURY $ 1,000,000 ~ 5,000,000 rl'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY □ ~r8r □ LOC PRODUCTS -COMP/OP AGG $ 5,000,000 OTHER: $ I A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 /Ea accident) $ ~ X ANY AUTO SNAUT0053001 1/1/2019 1/1/2020 BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED ~ AUTOS ONLY -AUTOS BODILY INJURY (Per accident) $ HIRED ~8ro~~~JE~ fp~~~tc~diitfAMAGE $ -AUTOS ONLY - $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 -SNFXS0052401 1/1/2019 1/1/2020 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION X I ~ffT,rrE I I ~~H-AND EMPLOYERS' LIABILITY Y/N 030656771 7/1/2019 7/1/2020 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 500,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~s1~ftfr8~ ~f'gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Extended Certificate holder name: The City of Carlsbad Redevelopment Agency, Housing Authority or Carlsbad Municipal Water District) its officials, employees and volunteers Additional Insured per form SGL002900 (attached) Waiver of Subrogation per form SNCGL0472101 (attached) There is no exclusion Performer Participant/Participant Legal Liability and Sexual Abuse and Molestation coverage. Covered under policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o Library & Cultural Arts Department 1635 Faraday Avenue Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~1wni ~WJ,~ I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SNCGL0472101 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured, any person or organization you are required to add as an additional insured to this policy by written contract or written agreement which is: 1. Currently in effect or coming into effect during the term of this policy; and 2. Executed prior to the occurrence of any "property damage", "bodily injury", or "personal and advertising injury". It is further understood and agreed that SECTION II -WHO IS AN INSURED is amended to also include as an additional insured, any person or organization designated in the Schedule below. SCHEDULE Additional Insured: Sponsor(s) of the Named Insured Coverage provided to any additional insured designated in the Schedule applies as follows: That person or organization is an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 00 SGL0029 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain unchanged. 00 SGL0029 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 POLICY NUMBER: SNCGL0472101 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ff CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extensions only apply n the event that no other specific coverage fa the indicated loss exposures are provided under this pcicy. If such specific coverage applies, the terms, conditions and limits of that coverage are the .sole and exclusive coverage applicable 1.11der this policy. Ttv-oughout this endorsement the words "you· and "your" refer to the Named :Insured shown in the Declarations. The words "we", •us• and "our" refer to the company providing this insurance. The following is a summary a. the Limits cJ Insurance and additional coverage provided by this endorsement. For complete details en .specific coverages, consult the poticy contract wording. Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement ere solely applicable to coverage afforded by this endorsement, and this endorsement amends the policy as foUows: A. Expected or Intended Injury -removed exclusion fa-"property damage' resulting from the use of reasonable force 1o protect persons or property; B. Non-owned Watercraft Extension -coverage length is increased to 58 ft; c. Supplementary Payments -bail bonds increased to $5,000/Loss of earnings increased to $1,000 each day; added employee indemnification ,defense coverage D. Who Is An Insured -broadened 1o include newly acquired or formed organizations until policy expiration; added blanket additional insured status for funding souroe; E Notice and Knowledge d Occurrence; F. Unintentional Failure To Disclose Hazards -coverage is not prejudiced; <3. Broadened definition rt Advertising Injury -includes televised or videotaped publication; H. Bocily lnj ury -extension <:J coverage; I. Personal Injury•-amended definition to include abuse <:J process/discrimination; J. Liberalization Clause K Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civfl commotion, vandalism, leakage from fire extinguishing equipment or water damage 00 SGL0031 00 10 16 Includes copyrighted material of Insurance Services Office, Jnc., with ts permission. Page 1 of7 • Limit Increased to $300,000 L Blanket Waiver of Subrog,ation M. Incidental Medical Malpractice Injury N. Injury to Co-Employees and Co-Voll.Rlteer Workers A. Expected Or Intended Injury Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, a. Expected Or Intended Injury Is deleted and replaced by the following: a Expected Or Intended Injury "Bodily injury" or "property damage" expected or jntended from ihe standpoint cl the insured. This excJuslon does not apply to "bodily injury" or "property damage• resulting from the use d reasonable force to protect persons or property. B. Non-owned Watercraft Extension Section I -Coverages, Coverage A Bodily Injury and Property Damage Liability, 2. Exclusions, g. Aircraft, Auto Or Watercraft, (2) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long: and (b) Not being used to carry persons or property for a charge, This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. The coverage provided by this non-owned watercraft extension iis excess over any other valid and collectible Insurance available to the insured whether primary, ,excess or contingent, C. Supplementary Payments Section I -Coverages, Supplementary Payments -Coverages A and B ls amended as follows: a. The fimit for the cost of bail bonds is changed from $250 to $5,000; and b. The limit for loss of earnings Is changed from $250 a day to $1,000 a day. c. The following is added: 3. We will ,pay oo your behalf defense costs 'incurred by an •employee• In a criminal proceeding. However, you must have a prior written agreement with such "employee• whereby you agree to indemnify the "employee' for such defense costs and the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we wll pay fq any "employee" who is alleged to be directly Involved in a criminal proceeding is $25,000 regardless of the number of empioyees, claims or "suits" brot1ght or persons or organizations making claims or bringing "suits•. 0. Who Is An Insured Section II -Who Is An Insured is amended a-; foRows: 00 SGL0031 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 1. ff coverage for newly acquired or formed organizations is not otherwise ,excluded from this Coverage Part, 3., a. is amended to read as falows: a. Coverage under this provision is afforded until the end of the policy period. 2. The following is added: 4. Any person a-organization with respect to their liability arising out of: a. Their financial control d you: and b. Prerrises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction or demolition operations performed by or fq-that person or organization. E. Notice and Knowledge of Occurrence 1. If you report .an accident, Injury, or "occurrence" to your workers' compensation insurer or y,our auto liability 'insurer and laier you discover that you sho~d have reported the accident <1' "occurrence• to us, we will not consider your failure to report the accident or "occurrence" earlier a violation of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in The Event cl an Occurrence, Offense, Claim or Suit, as long as you give us notice as soon .as you are aware that the "occtrrence" may be a ,general liability dlaim rather than an auto liability claim or a workers' compensation claim. 2 Section IV -Commercial General Liability Conditions, 2. Duties In The Event of Occurrence, Offense, Claim or Suit, subparagraph a is deleted and replaced by the following: a. You must see to it that we are notified promptly <i an •occurrence" or an offense which may result n a claim. You, -Or someone actng on your behalf, must give this notice to us or any of our authorized agents as soon as pracfteable after yoo know <:J the "occurrence" or offense if yoo are an Individual; after one of your partners knows of the "occurrence· or offense if you are a partnership; or after one of your executive officers or your insurance manager knows of the "occurrence" or offense if you are a corporation. Notice should include: (1) How, when, and where the "occurrence· or offense took place; (2) The names and addresses of any \injured persons and witnesses, and (3) The nature and "location• <:i any injury or damage arising oot of the •occurrence• Cf offense. However, :knowledge of a, "occurrence", offense, claim or "suit" by an agent, servant, or "employee" of any Insured, and receipt of any demand, notice, summons, ,or other legal ~er in connection with a claim or "suit" by my agent, servant, or "employee· of any insured, shall not in itself constitute your knowledge unless one of yoor officers, managers or partners has received such demand, notice, summons, or legal paper from tt,e agent, SElfVant, or "employee.• F. Unintentional Failure To Disclose Hazards Section rv -Commercial General Liability Conditions, 6. Representations is amended to include U,e fdlowing: d. Your failure to disclose all hazards or prior 'occurrences" known or existing as of the inception date of this policy shall not prejudice the coverage afforded by this por1ey, provided such faHure to disclose all hazards or prior "occurrences• is not intentional. 00 SGL0031 00 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of? G. Advertising Injury -Televised Or Videotaped Publication 1. Section V-Definitions, 14. d and e are deleted and replaced by the following: 14. "Personal and advertising Injury" means Injury, Including consequential "bodily injury•, arising out of one or more of the following offenses: d, Oral, written, televised or videotaped publication, In any ma11ner, d material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised or videotaped publication, in any manner, c:i material that violates a person's right c:i privacy; 2. Section! -coverages, Coverage B Personal and Advertising Injury Uabllty, 2. Exclusions, b. and c. a-e deleted and replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising Injury" arising out ct oral, written, televised or videotaped publication ct material, 1f -done by or at the direction of the Insured with knowledge of its falsity; c. Material Published Prior To PoUcy Period "Personal and advertising injury" arising out of oral, written, televised or videotaped publicatloo ct material whose first publication took place before the beginning d the policy period. H. Bodily Injury -Extension of Coverage Section V -Definitions, 3. is deleted and replaced by 1he following: 3. "Bodily injury" means bodily Injury, sickness or disease sustained by a person, and Includes mental anguish, mental Injury, shock or humlliatlon resulting from these. Except for mental anguish, mental Injury, shock or !humiliation, "bodily injury" also includes death resulting from such bodily Injury, sickness or disease. I. Personal Injury -Abuse Of Process/Discrimination If Persona~ and Advertising Injury Liability Coverage (Coverage B) Is not otherwise excluded from this Coverage Part, Section V -Definitions, 14. 1s amended as follows: 1. Item b. Is deleted and replaced by the following: b. Malicious prosecution or abuse of process; 2. The followlng ls added: h. Discrimination based on race, color, religion, 9&nder, marital status, sexua1 orientation or preference, physical or mental condition, age, national origin or other protected class or characteristic established by any federal, state or local statues, rules or regulations, except when: (1) Done Intentionally by or ~ the direction of, or with the knowledge or consent of: (a) Any Insured; or (b) My executive officer, cirector, stockholder, partner or member of the insured; or 00 SGL00310010 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page4 of? (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for ,employment of any person or persons by an insured; or (3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or (4) Insurance for such d1scrimination is prdhibited by or held in violation of law, public poky, legislation, court decision or administrative ruling. The insurance afforded by this paragraph h. does not apply to fines or penalties imposed because of discrimination. J. liberallz.atlon tt we revise or replace our policy form to provide more coverage without additional premium charge, we will automatically provide the additional coverage as .of the day the revision Is effective in your state. K. Damage To Premises Rented To You Extension 1. The last paragraph of 2. Exclusions of Coverage A Bodily Injury And Property Damage Liability cf Section I -Coverages is deleted and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fre extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section Ill -Um~s of Insurance. 2. This insurance does not apply to damage to premises while rented to you, or tefll)Orarily occupied by you with permission of the owner, caused by: a Rl.4)ture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. cf Section 111-Limits of Insurance is deleted and replaced by the following: 6.a. Subject to Paragraph 5. ~ove, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporar'iy occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence•, whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage frcm fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000; or OOSGL0O31OO1O16 Includes cqpyrighted materlal of Insurance Services Office, Inc., with its permission. Page 5 of7 (2) The amount shown on the Decla.-ations fo-Damage to Premises Rented to You Limit. 4. Paragraph 9.a. of ttie definition of "insured contract· under Section V-Definitions, is deleted and replaced by the following: "Insured contract" means a contract for a lease of premises. However, that. portion of the ,contract fa a lease of premises ttiat indemnifies any person or organization for damage by fire, fightning, explosion, smoke, aircraft or vehicle, riot or cMI commotion, vandalism, leakage from fire extinguishing ,equipment or water damage to premises while rented to you, or temporarily occupied by you witti the permission of the owner is not an "insured contract". 5. This Extension does not apply W coverage for Damage to Premises Rented 1o You of Coverage A Bodily Injury And Property Damage Liability of Section t-Coverages is excluded by ,endorsement. L BLANKET WAIVER OF SUBROGATION The followlng is added to Section IV-Commercial General Liability Conditions: Waiver of Subrogation We waive any right of recovery 'We may have against any person or or90nization because of payments we make for injury ,or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on yar behalf, done under a contract witti that person or organization; "your work"; or 'your products·. We waive this right where you have agreed 1o do S'.l as part of a written contract, executed by you prior to loss. M. r-,ICIDENT AL MEDICAL MALPRACTICE INJURY 1. For jns1,1rance applicable 1o this Extension, the definition <i "bodily injury• in Section V-Definltions is amended to Include, "Incidental medical malpractice injury". 2. The following definition is added lo Section V-Definitions: "Incidental medical malpractice injury• means "bodily injury", mental anguish, sickness ,or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, ttie following. services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of focx:f or beverE:1ges; b, The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; c. First aid; ,or d. MGood Samaritan Services•. As used in this Extension, "Good Samaritan Services~ are those medical services rendered or provided in an ,emergency and for which ro remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of Section II -Who Is M Insured does not apply to .arry registered nurse, licensed practical nurse, ,emergency medical technician or paramedic employed by you, ibut Of!ly while performing the services described in Paragraph 2. above and while acting within ttie scope of their employment by you. Any "employees" rendering "Good Samaritan Services· will be deemed to be acting within the 'Scope of their employment by you. 4. The following exclusion is .added lo Paragraph 2. Exclusions <i Coverage A -Bodily Injury And Property Damage Liability of Section I -Coverages: 00 SGl,.0O31OO1O 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of7 This insurance does not ~ply to liability arising out of the willful violation of a penal statute cr ordinance relating to the sale cl pharmaceuticals by or with the knowfedge cr oonsent of the ins1.1red. 5. For the pu,voses d determining the applicable Limits of Insurance cl this Extension, any act or omission, together with ~I related acts or omissions in the furnishing of 'Services descrbed in Paragraph 2.a. through 2.d. above to any one person, \NIil be considered one "occurrence•. 6. This Extension does not apply if you i:re In the business or occupation of providing any cl the services described in Paragraph 2. above. 7. The insurance provided by this Extension ~all be excess over any other valid and cdllectlble insurance available to the insured, whether primary, excess, contingent cr on any other basis, ,except for insurance purchased specifically by you to be excess d this policy. N. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Sectlon II-Who Is An Insured is amended to include your •employees· as insureds with respect to ''bodily injury" -to a co-"employee" in the course cl the co-"employee's" employment by you, or to your "volunteer workers· while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not ap,Ply to acts outside the scope c:J their employment by you or while performing duties unrelated to the conduct d your business. 2. Section 11-Who Is An Insured is amended to include your "volunteer workers" as insureds with respect to "bodily injury• to a co-·volunteer wcrker" while performing duties related to the conduct cl your l:>ui;;iness, or to yo1,1r "employees" employment by you, ,provided that this coverage for your "volunteer workers• does not apply while :performing duties unrelated to tlhe conduct of your business. All other terms and conditlons remain unchanged. 00 SGL0031 00 10 16 Includes cqpyrighted material of Insurance Services Office, tnc., with its permission. Page 7 of7