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Purchase of Services Agreement - Four Oaks Family and Children's Services Copyrighted August 5, 2019 City of Dubuque Consent Items # 30. ITEM TIT LE: Purchase of Services Agreement- Four Oaks Family and Children's Services SUMMARY: City Manager recommending approval of a Purchase of Services GrantAgreementwith FourOaks Familyand Children's Services for Fiscal Year 2020. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Purchase of Services Agreement for Four Oaks Family City Manager Memo and Children's Services-MVM Memo Four Oaks Staff Memo Staff Memo Four Oaks FY20 Agreement Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FY20 Purchase of Services Grant Agreement: Four Oaks Family and Children's Services DATE: July 31, 2019 Housing and Community Development Director Alexis Steger recommends City Council approval of a Purchase of Services Grant Agreement with Four Oaks Family and Children's Services for Fiscal Year 2020 in the amount of $15,760 for The Dubuque Supportive Services Program. Four Oaks services include: • Providing and connecting tenants with quality services and resources to help reach housing stability; • Providing one-on-one support in Financial Empowerment Program, consisting of credit and budget counseling, pre-homebuyer education, navigating financial hurdles, and development of financial goals; and • Supporting individuals and families with the goal of homeownership in the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CTTY OF � AII�Amerip City DuB E �.:i j�j i� 2007�2012�2013 Masterpiece on the Mississippi zoi�+zoi9 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: FY20 Purchase of Services Grant Agreement: Four Oaks Family and Children's Services DATE: August 5, 2019 Introduction The attached memorandum transmits the Fiscal Year 2020 Purchase of Services Grant contract for Four Oaks Family and Children's Services. The contract provides $15,760 for the Dubuque Suportive Services Program. Purchase of Services Grant recipients' partner with the City of Dubuque to provide human services that enhance quality of life and further equity goals benefiting members of the Dubuque community. Background The Fiscal Year 2020 budget provides $100,000 in general funds and $20,000 in CDBG funds for the Purchase of Services Grant competition to fund human service programs and activities. The City received ten applications for funding. The Community Development Advisory Commission recommended funding nine of the ten applications at 63% of request, the tenth application did not qualify for the Purchase of Services Grant. Discussion Grant recipients agree to use Purchase of Services Grant resources to further goals identified by the City Council. Four Oaks Family and Children's Services will provide new services designed to further the goal: Vibrant Community: Healthy and Safe. Services include: • Provide and connect tenants with quality services and resources to help reach housing stability. • Provide one-on-one support in Financial Empowerment Program (FEP), consisting of credit and budget counseling, pre-homebuyer education, navigating financial hurdles, and development of financial goals. . Support individuals and families with the goal of homeownership in the City of Dubuque. Recommendation I respectfully request the City Council approve the attached Purchase of Services Grant Agreement with Four Oaks Family and Children's Services and authorize the Mayor to execute the contract on behalf of the City. Prepared by: Christopher J. Lester, Community Development Specialist Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FOUR OAKS FAMILY AND CHILDREN'S SERVICES THIS AGREEMENT, dated for reference purposes the 5th day of August 2019, by and between the City of Dubuque, lowa (City) and Four Oaks Family and Children's Services (Agency). WHEREAS, City proposes to provide certain financial assistance to enable Agency to provide public services that meet the identified goals and priorities as identified by the City Council; and WHEREAS, City has deemed it to be in the public interest to provide financial assistance in the form of a Purchase of Services Grant to be used to provide new services through the Dubuque Supportive Services (Program). NOW THEREFORE, the parties hereto agree as follows: 1. Scope of Service Agency shall make the Program and services available to persons within the City of Dubuque. The Program includes the following activities and services (Program Description): . Provide and connect tenants with quality services and resources to help reach housing stability. . Provide one-on-one support in Financial Empowerment Program (FEP), consisting of credit and budget counseling, pre-homebuyer education, navigating financial hurdles, and development of financial goals. . Support individuals and families with the goal of homeownership in the City of Dubuque. Agency agrees to support the City's efforts to be a viable, livable, and equitable community, and to advance equity and inclusion. Agency agrees to further City Council goals and priorities are attached hereto as Exhibit B. 1 Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 2. Citv Responsibilities City designates the Community Development Specialist to act as its representative with respect to the work to be pertormed under this Agreement, and such person shall have authority to transmit instructions, receive information, interpret and define City's policies and provide decisions in a timely manner pertinent to the work covered by this Agreement until Agency has been advised in writing by City that such authority has been revoked. The City will provide opportunities to demonstrate support for equity and inclusion by inviting the Executive Director of the Agency and any employees working on services covered by this agreement to participate in the following professional development opportunities and supporting activities: a. The opportunity to be active and engaged participants in Inclusive Dubuque peer learning opportunities and strategic efforts, Exhibit A; b. The opportunity to attend intercultural and equity workshops offered by the City, including workshops that focus on developing an intercultural team with a strategic plan for advancing equity and inclusion within the Agency and through the Agency's work; c. Assistance in creating semi-annual status reports that demonstrate the ways in which the Agency's efforts are advancing equity and inclusion; and d. Access to the City's equity toolkit. 3. Time of Performance The term of this Agreement shall be twelve (12) months from the effective date of the agreement. Eligible expenses incurred within the City's 2020 Fiscal Year are authorized for financial reimbursement with approved supporting documentation and reporting. 4. Compensation City shall pay Agency $15,760 as compensation for the services provided by Agency, which payment shall constitute full and complete compensation for such services. 5. Audit and Evaluation Inasmuch as the funds to be provided to Agency by City are public funds, the Agency agrees that it will maintain books of account in accordance with Generally Accepted Accounting Standards together with necessary documentation to support all expenditures. The records of Agency, including payroll accounts and other records of disbursements and receipts, and other records relating to the pertormance of the activities herein specified, shall be made available for inspection by City or any Certified Public Accountant acting on its behalf, in order to ascertain performance of Agency 2 Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 under this Agreement. Agency agrees to retain such records for not less than three (3) years. 6. Reportinq and Monitorinq Agency shall render to the Community Development Specialist a quarterly report detailing its activities related to the use of City funds provided to Agency. Such report shall include a performance report on the program(s) supported by City funds and a financial report on the use of City funds, which shall be rendered no later than the fifteenth (15�h) day of the 4�n �m �Om �gcn month from the effective date of Agreement. A written annual equity report shall be submitted within sixty (60) days of Agreement end. Performance report shall include services relevant to the objective, output, and outcome that furthers identified City Council goal. If Agency has an annual audit performed, Agency shall provide City a copy of the annual audit report within ninety (90) days of Agency's fiscal year-end. 7. Discrimination In carrying the services under this Agreement, Agency shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency shall take affirmative action to ensure that applicants for employment are employed and that employees are treated during employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Agency assures that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, age, national origin, religion, sexual orientation, gender identity, or disability. Agency agrees and will undertake whatever affirmative measures are necessary so that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activities funded in whole or in part with any of the funds made available to Agency under the terms of this Agreement because of race, color, creed, religion, sex, national origin, age, sexual orientation, gender identity or disability. 8. Termination of Aqreement If, through any cause, Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to 3 Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 terminate this Agreement by giving written notice to Corporation of such and specifying the effective date thereof not less than thirty days before the effective date of such termination. If Agency shall fail to cure its default to the satisfaction of City in City's sole discretion within such thirty -day period, this Agreement shall be deemed terminated at the end of such thirty -day period without further action of either party. Upon termination of this Agreement, Agency shall return to City all unexpended funds and/or any funds utilized for purposes other than stated in the Agreement. 9. Assignability Agency shall not assign any interest in this Agreement without the prior written approval from of City. 10. Insurance At the time of execution of this Agreement by Agency, Agency shall provide the City copies of Agency's insurance certificates showing general liability, automobile liability, and workers compensation insurance coverage to the satisfaction of City for the term of this Agreement. WITNESS: CITY OF DUBUQUE, IOWA 50W 13th St Dubuque, IA 5001 Roy D. Buol,ayor Four Oaks Family and Children's Services 5400 Kirkwoord Blvd. SW Cedar Rapids, IA 52404 Anne G enewald 4 PumM1ase oi SeMces G2nt CorRaR ary or ououque Fiscai rear 2020 nuarnmerrtn i �u_us�v� dubuque mnneaingveople5vengvhrnmeminmunliy Inclusive Dubuque q �i , . - . . . ' . i=bcr_ et � ati� n �rdgcv � _ . �� i a� �� � � A �� `� � ' � �� � � i ,�. '�� J 1 l , _ ' l \ 5 Pu¢M1aseoiSeMcesG2n[ContraR ary rn ououque Fisai rear 2020 nttammen�n What is Indusive Dubuque? 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They also identified top and high priorities for a 2018-2020 policy agenda as well as a management agenda for projects and initiatives planned for 2018- 2020. The 2035 Dubuque Vision Statement Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community. Dubuque 2035 has preserved our Masterpiece on the Mississippi, has a strong diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged in the community. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city governmenYs mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community's future; and facilitate access to critical human services. City of Dubuque Goals 2024 • Robust Local Economy: Diverse Businesses and Jobs with Economic Prosperity • Vibrant Community: Healthy and Safe • Livable Neighborhoods and Housing: Great Place to Live • Financially Responsible, High-Performance City Organization: Sustainable, Equitable, and Effective Service Delivery • Sustainable Environment: Preserving and Enhancing Natural Resources • Partnership for a Better Dubuque: Building Our Community that is Viable, Livable, and Equitable • Diverse Arts, Culture, Parks, and Recreation Experiences and Activities • Connected Community: Equitable Transportation, Technology Infrastructure, and Mobility Policy Agenda Policy agenda items are issues that need direction or a policy decision by the City Council, or need a major funding decision by the City Council, or issues that need City Council leadership in the community or with other governmental bodies. The policy agenda is divided into top priorities and high priorities. 2018—2020 Top Priorities (in alphabetical order): • Affordable Childcare Study and Funding • Five Flags Center: Direction and Funding • Inclusive Dubuque Support • Major Streets Improvement: Plan, Direction, and Funding • Poverty Reduction: Action Plan • River Cruise Docking Facilities: Direction • Winter Farmers Market: Location and Funding Support 9 Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 Attachment B 2018—2020 High Priorities (in alphabetical order): • Bee Branch Floodwall Gates Funding • Central Avenue Corridor: Economic Revitalization • Crime Prevention Program: Maintenance • Debt-Reduction Plan: Continuation • Mental/Brain Health Strategy and Action Plan • New Financial Software: Funding • Pet-Friendly Community: Policy Direction and Actions • Street Maintenance Program: Funding Level Management Agenda Management agenda items are issues for which the City Council has set the overall direction and provided initial funding, may require further City Council action or funding, or are major management projects that may take multiple years to implement. The management agenda is divided into top priorities and high priorities. 2018—2020 Management in Progress Top Priorities (in alphabetical order): • Campaign for Grade-Level Reading • CHANGE Program: Implementation • Crescent Community Health Center Expansion • Dubuque's True North Housing Initiative • Multicultural Family Center Expansion • Riverfront Master Plan (US Army Corps of Engineers) • Transit Vehicles Replacement • Veterans Pond Development and Direction 2018—2020 Management in Progress High Priorities (in alphabetical order): • City Performance Measurements/Open Data/Data Governance • Citywide Departmental Work Order System • Comiskey Park Renovation • Community Security/Surveillance System Expansion • Housing Needs Assessment Report • Resident Satisfaction Survey • Residential Housing Upgrade/Bee Branch HUD Flood Protection • Water& Resource Recovery Center: Nutrient Trading 10 Purchase of Services Grant Contract City of Dubuque Fiscal Year 2020 Attachment B CITY OF DUBUQUE, IOWA INCOME GUIDELINES FOR FINANCIAL ASSISTANCE Income limits are defined and occasionally revised by the U.S. Department of Housing and Urban Development's estimated median family income. A low income person or family has a total income which falls between the fifty (50) percent and eighty (80) percent median for the area, adjusted for size. A very low income person, family, or household has a total income which falls between thirty (30) and fifty (50) percent of the median income, adjusted for size, of the metropolitan area. A 30% median income person, family or household has a total income which is between 0 and thirty (30) percent of the median income, adjusted for size, of the metropolitan area. The maximum income limits as of April 24, 2019 for the Dubuque Metropolitan Area are as follows: HouseholdSize Below30%AMI Below50%AMI Below80%AMI Above80%AMI Family Size 1: <$17,100 <$28,500 <$45,500 >$45,500 Family Size 2: <$19,550 <$32,600 <$52,050 >$52,050 Family Size 3: <$22,000 <$36,650 <$58,550 >$58,550 Family Size 4 <$25,750 <$40,700 <$65,050 >$65,050 Family Size 5: <$30,170 <$44,000 <$70,300 >$70,300 Family Size 6: <$35,590 <$47,250 <$75,500 >$75,500 Family Size 7: <$39,010 <$50,500 <$80,700 >$80,700 Family Size 8: <$43,430 <$53,750 <$85,900 >$85,900 Income limits for CDBG funded programs can be found on the HUD Exchange https://www.hudexchan�e.info/resource/5334/cdb�-income-limits/ Organizations required to verify income are encouraged to use the CPD Income Eligibility Calculator at https://www.hudexchan�e.info/incomecalculator/ 11 T a DATEfMM/DDNYYY) CC>RV CERTIFICATE OF LIABILITY INSURANCE L_ _, .�- 1 12/4/2019 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. It the certificate holster 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 NAME,NTACTTrueNorth Fisk Management True N Orth PHONE FAX PO Box 1863 » 319 M -366-2723 tAc.�:877 8t©-f374 t-IL 500 First Street SE ADDPEss perks truenearthcompanies.com Cedar Rapids IA 52406.1863 INSURERS AFFORDING COVERAGE NAIL N INSURER A. Nationwide Insurance Company of Florida 10948 INSURED^' rOUROAK-01 INSURER B . Nationwide Insurance Compa,Dy of America 25453` Four Oaks Family and Children's Services wsuRERc: Accident Fund General Insurance Com an 12304 5400 Kirkwood Blvd SVV � Cedar Rapids IA 52404 INSURER E INSURER F .' r�r~wwrr»t� a r:i� � �*�r�l�l'Itr°ti e*rr~ Iut rrb�Il�I��I� ���nn�nna Rt� VI:IC"f�i N1 Ii1MFI��tL 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 DOCUMENTWITH 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, _ POUCYNUMQER 4 IM DCDYEJ IfNOIf)fN e P 6IlNITS_ 1yy I47R TYPEt)FINSURANC N ii StAIVD A X -- COMMERCIAL GENERAL LIABILITY 1— CLAIMS -MADE J_nj OCCUR Y N MPA00000049645B 12/1/2019 12/1/2020 EACH OCCURRENCE $1,000,000 DAM TORENT _ P MI C Eagarurrazrg .»_. MED EXP (Anyone person) s 1000 000..»_.:_.... s20,000 _ PERSONAL & ADV INJURY $`1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s3,000,000 POLICY D JCCT LOC N PRODUCTS • owI: MP/OP AGG $5,00O,000 OTHER: 6 AUTOMOBILE LIABILITY N N BA0000004962SB 12/1/2019 12/1/2020 COMBINED SINGLE LIMIT $1,000,000 X 1 ANY AUTO i BOD.ILY INJURY (Per person) $^ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY fj BODILY INJURY (Per accident) $ PfIOOPERTY DAMAGE Fir dreidAntJ_ v ,____ $ B X l UMBRELLAL:IA6 X c1 1 N N MB000116BC 121/209 12/12020 C 000,000 AGGREGATE $ 8OQO,QQO EXCESS LIAR CLAIMS -MADE DED X I RETENTION $ ' $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN N 2000026726 12/112019 1211/2020 X I PER � ')'H- STATUTE ER E.L.ACH ACCIDENT $50Q000 OFFICER/MEMBEREXCLUDED7 I� (Mandatary In NH) N/A _ _. _ ,_. _ E.I.DI5EASE , EA EMPLOYEE . n_ $500 0000 C.L. DISEASE • POLICY LIMIT $ 500,000 II yyes, describe under DESCRIPTION OF OPERATIONS be ow A Professional Liability N N MPA0000004964BB 1211/2011 12/1/2120 Each Cecurranoe Aggregate 1,000,000 3,000,000' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Coverage is extended for work performed and required under Written contract With the above named insured. c u: nvc..v�n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS, A'TTN: Conti -acting Department 50 W 13th Street AUTHORIZED REPRESENTATIVE Dubuque IA 52001 Q 19813.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (201.6/03) The ACORD name and logo are registered marks of ACORD 2* of 19 329 COMMERCIAL GENERAL LIABILITY CG 2414 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL ENTAL IMMUNITY MUNIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART We will waive, both in the adjustment of claims and in the defense of "suits'" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CG 241410413 0 Insurance Services Office, Inc,, 2012 Page 1 of 1 3" of 19 329 POLICY NUMBER: PHPKI914402 COMMERCIAL GENERAL LIABILITY CO 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III — Limits Of Insurance: with respect to liability for "bodily injury", "property "personal If coverage provided to the additional insuredis damage" or and advertising Injury" required by a contract or agreement, the most we caused, in whole or in part, ;by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement, or or 2, Available under the applicable Limits of ppi 2. In connection with your promises owned by or Insurance shown in the Declarations; rented to you. whichever is less, However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations: 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: CG 20'26 0413 O Insurance Services Office, Inc., 2012 Page 4 of 19 4* of 19 329 PI-GL-005 (07/12) THIS ENDORSEMENT CHANgES THE POLICY. PLEASE REAP IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 07/09/2018 Name of Person or Organization (Additional Insured): City .of Dubuque including all its elected &appointed officials, all its employees & volunteers, all its boards, commissions /or authorities and their board members, employees &volunteers City of Clerks Office 50 W 13th ST, Dubuque, 1A 52001 SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of or relating to your negligence in the performance of "your work" for such person(s) or organizations) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or "occurrence" we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described In SECTION III — LIMITS OF INSURANCE, All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page I of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5* of 19 329 PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT C8REFULLY Full Clause-CG2026 City of Dubuque irlciutding ,:aii it,-, eit.w,+ued & app_lrit-e --"ffi calks, all it ettpi,—il eeC s x v"A"In ee"Lw"y ail it &itk� hr., ::1.G1 es, and th,eit meal are :--, & v<<lu1>r; ear..s City c: t: 1 F r_ks; ,t r'ic'e All other terms and conditions of this Policy remain unchanged. Page 1 of 1 6* of 19 329 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE E NDITI N This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCT ICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is aNamed Insured under such other insurance; and CG 20 01 04 13 C Insurance Services Office, Inc., 2012 Page 1 of 1 7* of 19 329 PI-GLIB-H (110t11) THIS ENDORSEMENT iC A►NGE$ THE POLICY. PLEA E FREACI IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the fallowing: COMMERCiA►L GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated toss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the scale and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following Is a summary of the Limits of insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable � Limit of Irmscmrranee 'age Extended Property Damage included Limited Rental Lease Agreement Contractual Liability 6t1,000 IIRt Non -Owned Watercraft Less than 68 feet 2 I eivr8ye to Property Yctd Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Erected to You �1,000,t100 I 3 ��� HIPAA Clarificatian'�,_.,. 4 ladl 1. Payment 20,0 .,. __. Medical Payments — Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary oiy—m;;Fs = Rail Rands $5,000 5 Supplementary Payment - Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Ivey and brook Replacement µ—Janitorial Services Client Coverage. W$10,0001Irr it Aciditipnal insured —Newly Auir,t Time Period Amended Additlaniillsured — M d-icifb1rs t6rs and Administrators Included 7 Additipna# In urerJ— M na ors and Supervisors (vvlth Fell0 included 7 Employee Covera e) Additional insured — Broadened Named insured Included Additional insured - Funding Source Included �7 Additicrlel Insured — Home Care Providers Included 7 Additional. Insured'— Managers, Lendlords, or Lessors of Premises Included 7 Additional Insured -- Lessor of Leased Equipment Included 7 Additional Insured —Grantor of Permits Included Additional Insured —Vendor Included � Additional insured —Franchisor Included 9 Additional Insured —When Required by Contract lncluded 0 Additional Insured —Owners, Lessees, or Contractors Included 0 Additional insured —State or Political Subdivisions included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. 02011 Philadelphia Indemnity Insurance Company 8* of 19 329 PI-GLD-HS (10/11) Duties in the Event of Occurrence, Claim or Suit � Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Y Included 1 Bodily Injury — includes Mental Ancguish Included 11 Personal and Advertising Injury — Includes Abuse of Process; Included 11 Discrimination A. Extended Property Damage SECTION I COVERAGES, ES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or properly damage" expected or intended from the standpoint of the insured, This exclusion noes not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b, Contractual Liability is amended to include the following; (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. C. Non -Owned Watercraft SECTION I -- COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g- (2) is deleted in its entirety and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long, and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or Is responsible for the use of a watercraft, This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 2011 Philadelphia indemnity Insurance Company 9* of 19 329 PI-GLi0-H$ (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, item (1) is deleted in its entirety and replaced with the following; (1) Property you own, rent, or occupy, Including any casts or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason; including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you Is not otherwise excluded from this Coverage Part, the word "fire" is, changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems" where it appears in: a. The last paragraph of SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY' DAMAGE LIABILITY, Subsection 2, Exclusions; is deleted In its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you; or temporarily occupied by you with permission of the owner. A ,separate limit of insurance applies to this coverage as described in SECTION Hill - LIMITS OF INSURANCE, b, SECTION IiI —LIMITS OF INSURANCE, Paragraph 0, Is deleted in its entirety and replaced by the following: Subject to Paragraph 6: above, 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 In the case of damage by fire; lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner, c. SECTION V —DEFINITIONS, Paragraph ,a., is deleted in its entirety and replaced by the followings A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract" Z. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph lb. Excess Insurance, (1) (a) (0) is deleted in its entirety and replaced by the following;; That is insurance for fire, lightning, explosion; smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 includes copyrighted material of Insurance Services Office, inc., with its permission, 0 2011 Philadelphia Indemnity Insurance Company 10* of 19 329 PI'-GLD-H (10/11) a.. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAAi SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LiABILITY, is amended as follows. 1. Paragraph 1. Insuring Agreement is amended to include the following: We wi►I pay those sums that the.insured becomes legally obligated to ;pay as damages because of a "violation (s)" of the Health Insurance Portability and Accountability Act (HiPA). We have the right and the duty to defend the insured against any "su►t," "investigation," or ucivil proceeding" seeking these damages. However, we will have no dray to defend the insured against any "suit" seeking damages, "investigation," or "civil proceeding," to which this insurance does not apply. 2. Paragraph 2. Exclusi►ons is amended to include the fallowing additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate' Volation(s)" by any insured. b. Criminal Acts Any "violation" which results in any criminal penalties under the HIPAA. c, Other Remedies Any remedy other than monetary damages for penalties assessed: dw Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION — DEFINITIONS is amended to include the fallowing additionaldefinitions. a. "Civil proceeding" means an action by the Department of Health and Human Services (HH) aris►ng out of "violations. b. "Investigation' means an examination of an actual or alleged "violation(s)" by HH S. However, "Investigation" does not include a Compliance Review: c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA.- Page 4 of 12 Inc►udes copyrighted material of Insurance Services Office, Inc., with its permission. 2011 Philadelphia Indemnity Insurance Company 11" of 19 329 PI-CLO-w (10111) G. Medical Payments ^ Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Fart: 1. The Medical Expense Limit is changed subject to all of the terms of'SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Fart, 2. SECTION i —COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a, (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I — COVERAGES; COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in Its entirety and replaced with the followings e. Athletic Activities To a person Injured while taking part in athletics. I. Supplementary Payment SECTION 1-COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE Ai AND 13 are amended as follows: 1. b. is deleted in its entirety and replaced by the followings 1. b, Up to $ 000 for oast of ball bonds required because of accidents or traffic law violations arising out of the use of ,any vehicle to which the Bodily Injury Liability. Coverage applies, We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following; 1. d. All reasonable expenses Incurred by the insured at our request to assist us In the investigation or defense of the claim or "'suit"', including actual lass of earnings up to $1,000 a day because of time off from work; J. Employee Indemnification Defense Coverage SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND E the following is added: We will pay, on your behalf, defense casts incurred by an "employee" in a criminal proceeding occurring in the course of employment, The most we will pay for any "employee" who>is alleged to be directly involved in a criminal proceeding Is $ 5,000 regardless of the numbers of "employees, claims or "suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with Its permission, 0 2011 Philadelphia Indemnity Insurance Company 12* of 19 329 PI-GLa-HS (10111) K. Key and Lock Replacement —Janitorial Services Client Coverage SECTION I -» COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A -AND B is amended to include the following: We will pay for the cost to replace keys and lacks at the "clients" premises due to theft or other lass to keys entrusted to you by your "client," up to a $10,000 limit per occurrence and $10,000 policy aggregate, e will not pay for loss or damage resulting from theft or any other dishonest or criminal Pict that you or any of your partners, members, officers, "employees", "managers", directors, trustees; authorized representatives or any one to whom you entrust the keys of a "client" for any purpose commit, whether acting alone or in collusion with ether persons, The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means; (1) Any natural person: (a) While in your service or for 30 days aftertermination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2 ) ,any natural person who is furnished temporarily to you; (a) To substitute for a permanent "employee" as defined In Paragraph (1) above, who Is on leave; or (la) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you.. (3) "Employee" does not mean. (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, Independent contractor or representative of the same general character; or (b) Any "manager," director or trustee except while perforating acts coming within the scope of the usual duties of an "employee." c. "Manager"` means a person serving 'in a directorial capacity for a limited liability company. L. Additional Insureds SECTION 11— WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services (Office; Inc,, with its permission. 0 2011 Philadelphia Indemnity Insurance Company 13* of 19 329 PI- LD-H (10/11) Coverage Part, Paragraph 3.a. Is deleted in its entirely and replaced by the following:, a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured; a, Medical Directors and Administrators Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. lac. Managers and Supervisors — Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors, Managers and supervisors who are your "employees" are also insureds for "bodily injury" to s co - "employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item .a.(1)(a) as it applies to managers of a limited liability company. +c. Broadened; Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part, However, coverage does not apply to any organization or subsidiary not named in the Declarations as Darned Insured, if they are also insured under another similar policy; but for its termination or the exhaustion of its limits of insurance. d. Funding Source -* Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control whim you lease or occupy these premises, This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization, e. Home Care Providers —At the first Named insured"s option, any person or organization under" your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. t Managers, Landlords, or Lessors of Promises -- Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to'the following additlorral exclusions; This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises, or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g, Lessor of Leased Equipment w Automatic Status When Required in Lease Agreement With You -- Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization Is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. @ 2011 Philadelphia Indemnity Insurance Company 14* of 19 329 Pi-CLD-HS (10/11) organization is an insured only with respect to Liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment_ leased to you by such person or organization. A person's or organization's status as an additional Insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the Insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. h. Grantors of Permits — Any state or political subdivision granting you a permit in connection with your premises subject to the following; additional provision (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you awn, rent or control and to which this Insurance applies. (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal hales., driveways, manholes, marquees„ hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1„ Vandom —Only with respect. to "bodily injury"' or ""property damage" arising out of "your products"' which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to; (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This excluision does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionaily by the vendor; () repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; (a) Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business" In connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of insurance Services Office, Inc„ with its permission. 0 2011 Philadelphia Indemnity Insurance Company 15" of 19 329 PI=CLD-HB (10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vender; or (h) "Bodily injury"` or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained In Sub -paragraphs (d) or (f); or (tl) Such inspections, adjustments, tuts or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This Insurance does not apply to any Insured person or organization, from whorl you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing. j. Franchisor — Any person or organizatlon with respect to their liability as the grantor of a franchise to you. k. As Required by Contract -- Any person or organization where required by a written contract executed prior to the occurrence of a loan. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury," but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional Insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. I. Owners, Lessees or Contractors — Any person or organization, but only withrespect to liability for "bodily Injury," "property damage" or"personal and advertising injury," caused, in whole or in part, by ('I) Your acts or omissions; of (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds, at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as a part of the settle project. Page g of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b 2011 Philadelphia Indemnity insurance Company 16` of 19 329 PI-GLp-FiS (10111) m: State or Political Subdivisions —Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political; subdivision has issued a permit, and is required .by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage"or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV - COMMERCiAL GENERAL LIABILITY CONDITIONS, 'Paragraph 2. is amended as follows a. Is amended to include. This condition applies only when the "occurrence" or offense is Known to, (1) You, If you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation.: b. is amended to Include; This condition will not be considered breached unless the breach occurs after such claim or "Suit" is known to: ('I) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or Insurance manager, if you are a corporation, N. Unintentional Failure To 0Ieclose Hazards SECTION Ill — COMMERCIAL GENERAL LiABILITY CONDITIONS, 6. Representations is amended to Include the fallowing; It Is agreed that; based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Party we shall not deny coverage under this Coverage Fart because of such failure. 0. Transfer of Rights of Recovery Against Others To Us SECTION IV— COMMERCIAL GENERAL LIABILiTY CONDITIONS, DITIONS, . Transfer of Rights of Page 10of12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 02011 Philadelphia Indemnity Insurance Company 17* of 19 329 PI-CLD-HS (10/11) Recovery Against tethers To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or pail of any payment we have made under this Coverage Part, those rights are transferred to us, The insured must do nothing after loss to impair them, At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them, Therefore, the insured can waive the lhaurees rights of recovery prior to the occurrence of a lass, provided the waiver is made in a written contract, P. Liberalization SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the followings if we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q, Bodily Injury- Mental Anguish SECTION V DEFINITIONS, Paragraph 3. Is deleted In its entirety and replaced by the followln "Bodily injury" means a. Bodily Injury; ,sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b Except for mental anguish, Includes death resulting from the foregoing (Item a. above) at any time. R. personal and Advertising Injury -Abuse of Process, Discrimination If COVERAGES PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Peet, the definition of "personal and advertising; injury' is amended as follows; 1. SECTION V •- DEFINITIONS, Paragraph 14.b, is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process 2. SECTION V - DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based can race, color, religion, sex, age or national origin, except when: a. Done Intentionally by or at the direction of, or with the knowledge or consent of, (1) Any Insured; or (2) ;Any executive officer, director, stockholder, partner or member of the insured, b. 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; Page 11 of 1 Includes copyrighted material of Insurance Services Office, Inc,, with its permission, D 2011 Philadelphia Indemnity Insurance Company 18" of 19 329 PI-GLD-HS (10111) c. Directly or indirectly rented to the sale, rental, lease or sublease or prospective sales, rental, lease or sublease of any room, dwelling or premises by or at the direction of any Insured,, or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does: not apply to fines or penalties imposed because of discrimination, Rage 12 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 011 Philadelphia Indemnity InsuranceCompany 19* of 19 329