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Traffic Stop Analysis Project MOU with St. Ambrose University Copyright 2014 City of Dubuque Action Items # 6. ITEM TITLE: Traffic Stop Analysis Project SUMMARY: City Manager recommending approval of a Memorandum of Understanding between the City of Dubuque and St. Ambrose University to complete a traffic stop study in Dubuque. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Traffic Stop Study-MOU- MVM Memo City Manager Memo Staff Memo Staff Memo MOU Document Staff Memo Certificate of Insurance Staff Memo THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Traffic Stop Study - MOU DATE: August 29, 2016 Chief of Police Mark Dalsing is recommending City Council approval of a Memorandum of Understanding between the City of Dubuque and St. Ambrose University to complete a traffic stop study in Dubuque. Traffic stops are an area of policing that receives public scrutiny across the country. Many traffic stops are made at an officer's discretion, and therefore open to concerns about bias impacting an officer's decisions. Officer training and internal analysis are tools used locally to ensure proper police behavior, however, an independent external analysis will provide an objective review of stops and provide information as we work to achieve some of the recommendations identified in President's Task Force on 21St Century Policing, which the Council has adopted as a priority. I concur with the recommendation and respectfully request Mayor and City Council approval. 6&-zn, Mic ael C. Van Milligen MCVM Jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Mark M. Dalsing, Chief of Police THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi August 29, 2016 TO: Michael C. Van Milligen City Manager FR: Mark M. Dalsing Chief of Police RE: Traffic Stop Study — MOU INTRODUCTION This memo will recommend that City Manager Van Milligen sign a memorandum of understanding between the City of Dubuque and St. Ambrose University to complete a traffic stop study in Dubuque. BACKGROUND As part of the FY17 budget process, the Dubuque Police Department submitted an improvement package for a traffic stop study to be completed by an independent researcher. This was approved as part of the budget. Since that time the department has been in discussions with Dr. Chris Barnum from St. Ambrose University (SAU) as SAU has conducted similar studies in Iowa in which it used multiple sources of data to establish baselines. Included in this data was the use of point in time traffic counts. SAU used trained observers to gather the driving demographics at various times during the day in locations where traffic stops generally occurred. This data is used in conjunction with census and other measured demographic data. The department believes this unique methodology provides for more accurate baseline data in establishing driving populations. SAU submitted a memorandum of understanding (MOU)/contract to the City and after multiple reviews, the Dubuque City Attorney's Office and SAU representatives developed acceptable language for both entities. The MOU/contract calls for the study to be conducted for $25,000, which is $5,000 less than the budgeted amount of $30,000. Once the MOU/contract is signed, SAU and the Dubuque Police Department will begin working on the project. CONCLUSION Traffic stops are an area of policing that receives public scrutiny across the country. Many traffic stops are made at an officer's discretion, and therefore open to concerns about bias impacting an officer's decisions. Officer training and internal analysis are tools we use locally to ensure proper police behavior, however, an independent external analysis will provide an objective review of our stops and provide us information as we work to achieve some of the recommendations identified in President's Task Force on 21 sc Century Policing, which the Council has adopted as a priority. ACTION REQUESTED City Council review of the materials and approve City Manager Van Milligen to sign the MOU with St. Ambrose University to conduct a traffic stop study for the City of Dubuque. MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "Agreement") dated the4"day of ,1/44:4W12:1:722 , 2016, is made between the City of Dubuque, Iowa and St. Ambrose® University (hereinafter "SAU") for the purpose of establishing Graduate Research Fellowships in Master of Criminal Justice, and the parties agree as follows: 1) The term of this Agreement shall begin on October 1, 2016 and continue through completion of the Graduate Research Fellowships in the Master of Criminal Justice Program at SAU, but no later than December 31, 2017. 2) The City of Dubuque will pay SAU $25,000. SAU to fund Graduate Research Fellowships in the Master of Criminal Justice program at SAU. The City of Dubuque will make the initial payment of $25,000 to SAU on or before August 30, 2016. 3) The Graduate Research Fellowships will be awarded competitively. SAU will determine the criteria for the receipt of the awards, what the recipient must do to retain the award, and the recipient of the award. The recipient must maintain full time status in the Master of Criminal Justice or MCJ 4+1 programs at SAU in order to remain eligible for the award. In the event a recipient becomes ineligible for the award, SAU will make the award to a new recipient. 4) Each Graduate Research Fellow will be a lead member of the Master of Criminal Justice research team of faculty and graduate students who are conducting the research study on "racial disproportionality in the stops and stop outcomes" commissioned by the City of Dubuque. The study involves using raw traffic stop and other applicable data provided by the Dubuque Police Department to create and manage research data sets. 5) The SAU research team will review the un -analyzed City traffic stop data for 2015 and 2016. The review will include: (a) a calibration of a comparison benchmark using census data and traffic observations; (b) a comparison of police stop percentages to this observational and U.S. census benchmark; (c) an analysis of post stop outcomes (e. g., statistical analyses to look for disproportionality in tickets, arrests, and searches); (d) an analysis of individual officers using odds ratios; (e) and other applicable analyses. 6) The research team will present its findings to members of the City of Dubuque in both written and oral form at least once every fiscal year in a format that will be agreed upon by the City of Dubuque and SAU. 7) SAU will use best practices to ensure the statistical significance of the methods and results of its work and findings. 8) The City of Dubuque promises to release all relevant data to SAU faculty and students, and the City of Dubuque acknowledges and agrees that such data will be published, commented on, discussed and utilized in presentations at academic conferences, publication in research journals, and other scholarly outlets. As these data are secondary in nature and available to the public, Institutional Review Board approval is not necessary for analyses. 9) SAU understands and agrees the fellows are not employees of City and City does not carry or maintain any health, medical, or disability insurance coverage on behalf of SAU or the fellows. SAU will maintain insurance in accordance with the attached insurance schedule. City will maintain its membership in the Iowa Communities Assurance Pool during the term of this Agreement. 10)Either party may terminate this Agreement at any time by providing one -hundred eighty (180) days written notice to the other party. Termination will apply prospectively and SAU will return any unearned funds to the City of Dubuque upon termination. 11)The law governing this Agreement shall be that of the State of Iowa. In the event suit is brought by either Party to this Agreement, the Parties agree that venue shall be exclusively vested in Iowa District Court in and for Dubuque County. 12) This Agreement may not be assigned or transferred by SAU by voluntary act or otherwise without the City's prior written consent. Any attempted assignment or other transfer of this Agreement in violation of this section shall be void. 13)SAU shall comply with all laws, regulations, and ordinances and ensure its fellows comply with all laws, regulations, and ordinances. 14) Indemnification. SAU shall defend, indemnify, and hold harmless City, its officers, employees and agents against any claim, loss or liability arising from or as a result of the death of any person or any accident, injury, loss, or damage caused to any person or to the property of any person which shall occur as the result of the Graduate Research Fellowships in Master of Criminal Justice due to the willful or negligent acts or omissions by SAU, its officers, employees, or agents, under this Agreement. The City of Dubuque agrees to defend and indemnify SAU for any claims brought by a fellow due to the City of Dubuque's failure to pay any of the amounts set forth in this agreement. This indemnity provision shall survive the expiration or sooner termination of this Agreement. 2 15) If one or more of the provision contained herein is for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. 16) Any notice which is required to be given hereunder, or which either the City of SAU desire to give the other, shall be in writing and may be personally delivered or mailed by registered or certified mail, postage prepaid, to the following addresses: City of Dubuque Attn: Chief Mark Dalsing 770 Iowa Street Dubuque, IA 52001 St. Ambrose University Attn: Davenport, IA 17) This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no other agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended or added, except by an agreement in writing signed by the Parties. CITY OF DUBUQUE, IOWA ST. AMBROSE UNIVERSITY By: By: Its °t.. /167iy Its Vice President, Academic & Student Affairs By: Its Director, Master of Criminal Justice 3 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C 1. shall If a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project# or Project Location at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Consultants shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants.Consultants agree that it shall be liable for the failure of a subconsultants and sub-subconsultants to obtain and maintain such coverages.The City may request a copy of such certificates from the Consultants. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other legal agreement, in Exhibit I. If provider's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. 9. Whenever an ISO form is referenced the current edition of the form must be used. 4 Insurance Schedule C (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made,form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002,shall be clearly identified. b) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit" or CG 25 03 "Designated Construction Project (s)General Aggregate Limit"as appropriate. c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS'COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on thejob by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory—State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $1,000,000 a) Provide evidence of coverage for 5 years after completion of project. F) CYBER LIABILITY $1,000,000 Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Yes No 5 Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity.The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage.The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coverage.The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy.The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 6 DATE(MMIDDIYYYY) A "R" CERTIFICATE OF LIABILITY INSURANCE 8/26/20161 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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 endorsements. PRODUCER CONTACT NAME: Jen Rios Arthur J. Gallagher Risk Management Services, Inc. PHONE 563-424-3180 FAX 563-322-1046 220 Emerson Place, Suite 200 AIc N°: E-MAIL Rios//��a Davenport IA 52801 ADDRESS:Jen_Rios@ajg.com jg'com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company 25658 INSURED STAMBRO-01 INSURER B:Charter Oak Fire Insurance Company 25615 St Ambrose University INSURER C:Travelers Property Casualty Co of 25674 518 W Locust Davenport IA 52803 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:660742528 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y6302962N3761ND15 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 To CLAIMS-MADE XI PREMISES Ea ocOCCUR DAMAGES( RENTED currence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 X POLICYix IPELT � LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y8100E813387COF15 4/1/2016 4/1/2017 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident C X UMBRELLA LAB X OCCUR YSMCUP2962N376TIL15 4/1/2016 4/1/2017 EACH OCCURRENCE $20,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $20,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION YJUB3C20936A15 4/1/2016 4/1/2017 X PER ETH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBEREXCLUDED? ❑N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Student Malpractice Y6302962N3761ND15 4/1/2016 4/1/2017 Per Occurrence $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Dubuque is included as Additional Insured on the General Liability policy shown above for operations performed for them by the named insureds, subject to policy terms, forms and conditions. Coverage applies on a primary and noncontributory basis. Waiver of Subrogation applies in favor of Additional Insured on General Liability and Workers Compensation policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 W 13th Street ACCORDANCE WITH THE POLICY PROVISIONS. Dubuque IA 52001 AUTHORIZED REPRESENTATIVE -4- (D 1988-2014 4-©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COLLEGES AND SCHOOLS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE–This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage – Exception K. Who Is An Insured –Unnamed Subsidiaries To Expected Or Intended Injury Exclusion L. Blanket Additional Insured – Owners, Managers B. Non-Owned Watercraft 50 Feet Long Or Less Or Lessors Of Premises C. Owned Watercraft M. Blanket Additional Insured – Lessors Of Leased D. Aircraft Chartered With Pilot Equipment E. Damage To Premises Rented To You N. Blanket Additional Insured – Persons Or Organi- F. Increased Supplementary Payments zations As Required By Written Contract Or G. Who Is An Insured – Public Entities Or Colleges Agreement–Exception For Law Enforcement Or Schools, Elected Or Appointed Officials, O. Who Is An Insured – Liability For Conduct Of Trustees, Commissioners And Members Of Your Unnamed Partnerships, Joint Ventures Or Limited Boards H. Who Is An Insured – Your Students While Acting Liability Companies As Student Teachers P. Incidental Medical Malpractice I. Who Is An Insured – Employees And Volunteer Q. Contractual Liability–Railroads °— Workers – Bodily Injury To Co-Employees And R. Knowledge And Notice Of Occurrence Or Offense Co-Volunteer Workers S. Unintentional Omission J. Who Is An Insured – Newly Acquired Or Formed Organizations T. Blanket Waiver Of Subrogation PROVISIONS A. REASONABLE FORCE PROPERTY DAMAGE– B. NON-OWNED WATERCRAFT 50 FEET LONG EXCEPTION TO EXPECTED OR INTENDED IN- OR LESS JURY EXCLUSION 1. The following replaces Paragraph (2) of Ex- The following replaces Exclusion a., Expected Or clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I – COVERAGES Intended Injury, in Paragraph 2., of SECTION I – – COVERAGE A BODILY INJURY AND COVERAGES – COVERAGE A BODILY INJU- PROPERTY DAMAGE LIABILITY: RY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: –= a. Expected Or Intended Injury Or Damage (a) Fifty feet long or less; and "Bodily injury" or"property damage" expected (b) Not being used to carry any person or " or intended from the standpoint of the in- property for a charge. sured. This exclusion does not apply to "bodi- 2. The following is added to Paragraph 2. of ly injury" or "property damage" resulting from SECTION II–WHO IS AN INSURED: the use of reasonable force to protect any person or property. CG D1 88 01 14 ©2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc,with its permission. CC2249 COMMERCIAL GENERAL LIABILITY Any person or organization that, with your ex- (c) Not being used to carry any person or proper- press or implied consent, either uses or is re- ty for a charge. sponsible for the use of a watercraft that you E. DAMAGE TO PREMISES RENTED TO YOU do not own that is: 1. The first paragraph of the exceptions in Ex- (1) Fifty feet long or less; and clusion j., Damage To Property, in Para- (2) Not being used to cant' any person or graph 2. of SECTION I — COVERAGES — property for a charge. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. C. OWNED WATERCRAFT 2. The following replaces the last paragraph of 1. The following is added to Exclusion g., Air- Paragraph 2., Exclusions, of SECTION I — craft, Auto Or Watercraft, in Paragraph 2. of COVERAGES — COVERAGE A BODILY IN- SECTION I —COVERAGES —COVERAGE A JURY AND PROPERTY DAMAGE LIABIL- BODILY INJURY AND PROPERTY DAM- ITY: AGE LIABILITY: Exclusions c., g. and h., and Paragraphs (1), This exclusion does not apply to a nonsub- (3) and (4) of Exclusion j., do not apply to mersible watercraft you own that is not being "premises damage". Exclusion f.(1)(a) does used to carry any person or property for a not apply to "premises damage" caused by fire unless Exclusion f. of Section I — Cover- charge and that is: age A — Bodily Injury And Property Damage (a) Less than 26 feet long, and if powered, is Liability is replaced by another endorsement powered by no more than a 125 HP mo- to this Coverage Part that has Exclusion —All tor: or Pollution Injury Or Damage or Total Pollution (b) A rowing shell or scull, regardless of its Exclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- length. scribed in Paragraph 6. of Section III — Limits 2. The following is added to Paragraph 2. of Of Insurance. SECTION II—WHO IS AN INSURED: 3. The following replaces Paragraph 6. of SEC- Any person or organization that, with your ex- TION III— LIMITS OF INSURANCE: press or implied consent, either uses or is re- 6. Subject to 5, above, the Damage To sponsible for the use of a nonsubmersible Premises Rented To You Limit is the watercraft that you own that is not being used most we will pay under Coverage A for to carry any person or property for a charge damages because of"premises damage" and that is: to any one premises. (1) Less than 26 feet long, and if powered, is The Damage To Premises Rented To powered by no more than a 125 HP mo- You Limit will be: tor; or a. The amount shown for the Damage (2) l To Premises Rented To You Limit on rowing shell or scull, regardless of its the Declarations of this Coverage length. Part; or D. AIRCRAFT CHARTERED WITH PILOT b. 5100,000 if no amount is shown for The following is added to Exclusion g., Aircraft, the Damage To Premises Rented To Auto Or Watercraft, in Paragraph 2. of SECTION You Limit on the Declarations of this I — COVERAGES — COVERAGE A BODILY IN- Coverage Part. JURY AND PROPERTY DAMAGE LIABILITY: 4. The following replaces Paragraph a. of the This exclusion does not apply to an aircraft that definition of "insured contract" in the DEFINI- is: TIONS Section: a. A contract for a lease of premises. How- (a) Chartered with a pilot to any insured; ever, that portion of the contract for a (b) Not owned by any insured; and lease of premises that indemnifies any Page 2 of 7 ©2014 The Travelers Indemnity Company. All rights reserved. CG D1 88 01 14 Includes copyrighted material of Insurance Services Office, Inc, with its permission. COMMERCIAL GENERAL LIABILITY person or organization for "premises insured. Your lawfully elected or appointed of- damage" is not an "insured contract", ficials, "executive officers", directors, trustees 5. The following is added to the DEFINITIONS or commissioners are also insureds, but only Section: with respect to their duties as your elected or appointed officials, "executive officers", direc- "Premises damage" means "property dam- tors, trustees or commissioners. Members of age" to: "your boards" are also insureds, but only with a. Any premises while rented to you or tem- respect to their duties for you or "your porarily occupied by you with permission boards". of the owner: or Any of your lawfully elected or appointed offi- b. The contents of any premises while such cials, "executive officers", directors, trustees premises is rented to you, if you rent such or commissioners, or any members of "your premises for a period of seven or fewer boards", appointed at your request to serve consecutive days. with an outside tax exempt entity will be 6. The following replaces Paragraph 4.b.(1)(b) deemed to be acting within the scope of their of SECTION IV — COMMERCIAL GENERAL duties for you. LIABILITY CONDITIONS: 2. The following replaces the first sentence of (b) That is insurance for "premises damage": Paragraph 1.d. of SECTION II — WHO IS AN INSURED: or, 7. Paragraph 4.b.(1)(c) of SECTION IV — An organization other than a public entity, col- COMMERCIAL GENERAL LIABILITY CON- lege or school, partnership, joint venture or DITIONS is deleted. limited liability company, you are an insured. F. INCREASED SUPPLEMENTARY PAYMENTS 3. The following is added to the DEFINITIONS Section: 1. The following replaces Paragraph 1.b. of "Your boards": SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- a. Means any board, commission, or other AGES: governmental unit or department that: b. Up to $2,500 for cost of bail bonds re- (1) Is under your jurisdiction; and quired because of accidents or traffic law (2) Is funded and operated as part of �= violations arising out of the use of any your total operating budget. vehicle to which the Bodily Injury Liability b. Does not include any "joint powers au- Coverage applies. We do not have to fur- m thority". nish these bonds. 2. The following replaces Paragraph 1.d. of "Joint powers authority" means any organiza- SUPPLEMENTARY PAYMENTS — COVER- tion formed by two or more public entities that AGES A AND B of SECTION I — COVER- have agreed in a contract or agreement to AGES: jointly exercise any power common to them. d. All reasonable expenses incurred by the H. WHO IS AN INSURED — YOUR STUDENTS insured at our request to assist us in the WHILE ACTING AS STUDENT TEACHERS investigation or defense of the claim or The following is added to Paragraph 2. of SEC- "suit", including actual loss of earnings up TION II—WHO IS AN INSURED: to $500 a day because of time off from Any person while acting as a student teacher as work. part of his or her educational requirements with o= G. WHO IS AN INSURED — PUBLIC ENTITIES, you. COLLEGES OR SCHOOLS, ELECTED OR AP- I. WHO IS AN INSURED — EMPLOYEES AND POINTED OFFICIALS, TRUSTEES, COMMIS- VOLUNTEER WORKERS — BODILY INJURY TO SIONERS AND MEMBERS OF YOUR BOARDS CO-EMPLOYEES AND CO-VOLUNTEER U=_ 1. The following is added to Paragraph 1. of WORKERS SECTION II—WHO IS AN INSURED: 1. The following replaces the first sentence of If you are designated in the Declarations as a Paragraph 2.a. of SECTION II — WHO IS AN public entity or a college or school, you are an INSURED: CG D1 88 01 14 ©2014 The Travelers Indemnity Company. All rights reserved Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. OJ8250 COMMERCIAL GENERAL LIABILITY a. Your "volunteer workers" only while per- after you acquire or form such organ- forming duties related to the conduct of ization, if you report such organiza- your business, or your"employees", other tion in writing to us within 180 days than either your "executive officers" (if after you acquire or form it, and we you are an organization other than a pub- agree in writing that it will continue to lic entity, college or school, partnership, be a Named Insured until the end of joint venture, limited liability company or the policy period; trust) or your managers (if you are a lim- ited liability company), but only for acts b. Coverage A does not apply to "bodily in- within the scope of their employment by jury" or "property damage" that occurred YOU or while performing duties related to before you acquired or formed the organ- the conduct of your business. ization: and 2. The following is added to Paragraph 2.a. of c. Coverage B does not apply to "personal SECTION II —WHO IS AN INSURED: injury" or"advertising injury" arising out of Any of your "employees" appointed at your an offense committed before you ac- request to serve with an outside tax exempt quired or formed the organization. entity will be deemed to be acting within the K. WHO IS AN INSURED — UNNAMED SUBSIDI- scope of their employment by you or perform- ARIES ing duties related to the conduct of your busi- The following is added to SECTION II — WHO IS ness. AN INSURED: 3. The following is added to Paragraph 2.a.(1) of Any of your subsidiaries, other than a partnership, SECTION II—WHO IS AN INSURED: joint venture or limited liability company, that is Paragraph (1)(a) above does not apply to not shown as a Named Insured in the Declara- "bodily injury" to a co-"employee" in the tions is a Named Insured if: course of the co-"employee's" employment by you or performing duties related to the con- a. You maintain an ownership interest of more duct of your business, or to "bodily injury" to than 50% in such subsidiary on the first day your other "volunteer workers" while perform- of the policy period; and ing duties related to the conduct of your busi- b. Such subsidiary is not an insured under simi- ness. lar other insurance. J. WHO IS AN INSURED — NEWLY ACQUIRED No such subsidiary is an insured for"bodily injury" OR FORMED ORGANIZATIONS or "property damage" that occurred, or "personal The following replaces Paragraph 4. of SECTION injury" or "advertising injury" caused by an of- II—WHO IS AN INSURED: fense committed: 4. Any organization you newly acquire or forrn, a. Beforeou maintained an ownership p interest other than a partnership, joint venture or lim- of more than 50% in such subsidiary; or ited liability company, of which you are the sole owner or in which you maintain the ma- b. After the date, if any, during the policy period jority ownership interest, will qualify as a that you no longer maintain an ownership in- Named Insured if there is no other insurance terest of more than 50% in such subsidiary. which provides similar coverage to that or- L. BLANKET ADDITIONAL INSURED — OWNERS, ganization. However: MANAGERS OR LESSORS OF PREMISES a. Coverage under this provision is afforded The following is added to SECTION II — WHO IS only: AN INSURED: (1) Until the 180th day after you acquire or form the organization or the end of Any person or organization that is a premises the policy period, whichever is earlier, owner, manager or lessor is an insured, but only if you do not report such organization with respect to liability arising out of the owner- in writing to us within 180 days after ship, maintenance or use of that part of any prem- you acquire or form it; or ises leased or loaned to you. (2) Until the end of the policy period, The insurance provided to such premises owner, when that date is later than 180 days manager or lessor does not apply to: Page 4 of 7 ©2014 The Travelers Indemnity Company. All rights reserved. CG D1 88 01 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY a. Any "bodily injury" or "property damage" the written contract or agreement, or the limits caused by an "occurrence" that takes place, shown in the Declarations, whichever are less. or "personal injury" or "advertising injury" Coverage under this provision does not apply to caused by an offense that is committed, after any: you cease to be a tenant in or to borrow that a. Law enforcement officer; premises; or b. Structural alterations, new construction or b. Public safety organization; or demolition operations performed by or on be- c. Public entity; half of such premises owner, manager or les- that you contract with to enforce the law and pro- sor. tett persons or property for you or on your behalf. M. BLANKET ADDITIONAL INSURED — LESSORS O. WHO IS AN INSURED — LIABILITY FOR CON- OF LEASED EQUIPMENT DUCT OF UNNAMED PARTNERSHIPS, JOINT The following is added to SECTION II — WHO IS VENTURES OR LIMITED LIABILITY COMPA- AN INSURED: NIES Any person or organization that is an equipment The following replaces the last paragraph of lessor is an insured, but only with respect to liabil- SECTION If—WHO IS AN INSURED: ity for "bodily injury", "property damage", "person- No person or organization is an insured with re- al injury" or "advertising injury" caused, in whole spect to the conduct of any current or past part- or in part, by your acts or omissions in the nership, joint venture or limited liability company maintenance, operation or use by you of equip- that is not shown as a Named Insured in the Dec- ment leased to you by such equipment lessor. larations. This paragraph does not apply to any The insurance provided to such equipment lessor such partnership, joint venture or limited liability does not apply y y injury" "property I to an bodil inj " or " ro ertcompany that otherwise qualifies as an insured damage" caused by an "occurrence" that takes under Section II—Who Is An Insured. place, or "personal injury" or "advertising injury" P. INCIDENTAL MEDICAL MALPRACTICE caused by an offense that is committed, after the 1. The following is added to the definition of"oc- equipment lease expires. currence" in the DEFINITIONS Section: N. BLANKET ADDITIONAL INSURED — PERSONS "Occurrence" also means an act or omission OR ORGANIZATIONS AS REQUIRED BY committed in providing or failing to provide WRITTEN CONTRACT OR AGREEMENT — EX- "incidental medical services", first aid or — CEPTION FOR LAW ENFORCEMENT "Good Samaritan services" to a person. The following is added to SECTION II — WHO IS 2. The following is added to Paragraph 2.a.(1) of AN INSURED: SECTION II —WHO IS AN INSURED: Any person or organization that is not otherwise Paragraphs (1)(a), (b), (c) and (d) above do an insured under this Coverage Part and that you not apply to "bodily injury" arising out of have agreed in a written contract or agreement to providing or failing to provide: include as an additional insured on this Coverage (i) "Incidental medical services" by any of Part is an insured, but only with respect to liability your "employees" who is a nurse practi- for"bodily injury" or"property damage"that: tioner, registered nurse, licensed practical a. Is caused by an "occurrence" that takes place nurse, nurse assistant, emergency medi- after you have signed and executed that con- cal technician, paramedic, athletic trainer, tract or agreement; audiologist, dietician, nutritionist, occupa- b. Is caused, in whole or in part, by your acts or tional therapist, occupational therapy as- omissions or the acts or omissions of any athol, physical therapist or speech p person or organization acting on your behalf; pathologist; or and (ii) First aid or "Good Samaritan services" by c. Arises out of your operations or the owner- any of your "employees" or "volunteer — ship, maintenance or use of premises you workers", other than an employed or vol- unteer doctor. Any such "employees" or own or rent. "volunteer workers" providing or failing to The limits of insurance provided to such insured provide first aid or "Good Samaritan ser- will be the limits which you agreed to provide in CG D1 88 01 14 ©2014 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 008251 COMMERCIAL GENERAL LIABILITY vices" during their work hours for you will Q. CONTRACTUAL LIABILITY— RAILROADS be deemed to be acting within the scope 1. The following replaces Paragraph c. of the of their employment by you or performing definition of "insured contract" in the DEFINI- duties related to the conduct of your busi- TIONS Section: ness. c. Any easement or license agreement; 3. The following is added to Paragraph 5. of 2. Paragraph f.(1) of the definition of "insured SECTION III— LIMITS OF INSURANCE: contract" in the DEFINITIONS Section is de- For the purposes of determining the applica- leted. ble Each Occurrence Limit, all related acts or R. KNOWLEDGE AND NOTICE OF OCCUR- omissions committed in providing or failing to RENCE OR OFFENSE provide "incidental medical services", first aid or "Good Samaritan services" to any one per- The following is added to Paragraph 2., Duties In son will be deemed to be one "occurrence". The Event of Occurrence, Offense, Claim or 4. The following exclusion is added to Para- Suit, of SECTION IV — COMMERCIAL GEN- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY e. The following provisions apply to Paragraph AND PROPERTY DAMAGE LIABILITY: a. above, but only for the purposes of the in- surance provided under this Coverage Part to Sale Of Pharmaceuticals you or any insured listed in Paragraph 1. or 2. "Bodily injury" or "property damage" arising of Section II—Who Is An Insured: out of the willful violation of a penal statute or (1) Notice to us of such "occurrence" or of- ordinance relating to the sale of pharmaceuti- fense must be given as soon as practica- cals committed by, or with the knowledge or ble only after the "occurrence" or offense consent of, the insured. is known to you (if you are an individual), 5. The following is added to the DEFINITIONS any of your lawfully elected or appointed Section: officials, "executive officers", directors, trustees or commissioners (if you are a "Incidental medical services" means: public entity or a college or school), any a. Medical, surgical, dental, laboratory, x-ray of your partners or members who is an or nursing service or treatment, advice or individual (if you are a partnership or joint instruction, or the related furnishing of venture), any of your managers who is an food or beverages; or individual (if you are a limited liability b. The furnishing or dispensing of drugs or company), any of your trustees who is anindividual (if you area trust), any of your medical, dental, or surgical supplies or "executive officers" or directors (if you are appliances. an organization other thaw a public entity, "Good Samaritan services" means any emer- college or school, partnership, joint ven- gency medical services for which no compen- ture, limited liability company or trust) or sation is demanded or received. any "employee" authorized by you to give 6. The following is added to Paragraph 4.b., Ex- notice of an "occurrence" or offense. cess Insurance, of SECTION IV — COM- (2) If you are a partnership, joint venture, lim- MERCIAL GENERAL LIABILITY CONDI- ited liability company or trust, and none of TIONS: your partners, joint venture members, managers or trustees are individuals, no- This insurance is excess over any valid and tice to us of such "occurrence" or offense collectible other insurance, whether primary, must be given as soon as practicable only excess, contingent or on any other basis, that after the "occurrence" or offense is known is available to any of your "employees" for by: "bodily injury" that arises out of providing or failing to provide "incidental medical services" (a) Any individual who is: or first aid to any person to the extent not (i) A lawfully elected or appointed subject to Paragraph 2.a.(1) of Section II — official, "executive officer" or di- Who Is An Insured. rector of any public entity; Page 6 of 7 ©2014 The Travelers Indemnity Company. All rights reserved. CG D1 88 01 14 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY (ii) A partner or member of any part- cape of "pollutants" must be reported to us nership or joint venture; within a specific number of days after its ab- (iii) A manager of any limited liability rupt commencement, this Paragraph e. does com an not affect that requirement. company- (iv) A trustee of any trust; or S. UNINTENTIONAL OMISSION (v) An executive officer or director of The following is added to Paragraph 6., Repre- any other organization; sentations, of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: that is your partner, joint venture member, manager or trustee; or The unintentional omission of, or unintentional error in, any information provided by you which (b) Any "employee" authorized by such we relied upon in issuing this policy will not preju- partnership, joint venture, limited Iia- dice your rights under this insurance. However, bility company, trust or other organi- this provision does not affect our right to collect zation to give notice of an "occur- additional premium or to exercise our rights of rence" or offense. cancellation or nonrenewal in accordance with (3) Notice to us of such "occurrence" or of- applicable insurance laws or regulations. fense will be deemed to be given as soon T. BLANKET WAIVER OF SUBROGATION as practicable if it is given in good faith as soon as practicable to your workers' The following is added to Paragraph 8., Transfer compensation insurer. This applies only if Of Rights Of Recovery Against Others To Us, you subsequently give notice to us of the of SECTION IV – COMMERCIAL GENERAL LI- "occurrence" or offense as soon as prac- ABILITY CONDITIONS: ticable after any of the persons described If the insured has agreed in a contract or agree- in Paragraphs e. (1) or (2) above discov- ment to waive that insured's right of recovery ers that the "occurrence" or offense may against any person or organization, we waive our result in sums to which the insurance right of recovery against such person or organiza- provided under this Coverage Part may tion, but only for payments we make because of: apply. a. "Bodily injury" or "property damage" caused However, if this policy includes an endorse- by an "occurrence" that takes place; or ment that provides limited coverage for"bodi- _ ly injury" or "property damage" or pollution b. "Personal injury" or "advertising injury' �— costs arising out of a discharge, release or caused by an offense that is committed; escape of "pollutants" which contains a re- subsequent to the execution of the contract or quirement that the discharge, release or es- agreement. o� o� m= o— r� n� o� o� u� CG D1 88 01 14 ©2014 The Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. CCc252 iI. I TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: (YDD3CUB-2962N37-6-1 6) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER . DATE OF ISSUE: 04-07-1 6 ST ASSIGN: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following.- COMMERCIAL ollowing:COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary (1) The "bodily injury" or"property damage" for which Insurance, of SECTION IV — COMMERCIAL GEN- coverage is sought is caused by an 'occurrence" ERAL LIABILITY CONDITIONS: that takes place; and However, if you specifically agree in a written contract (2) The "personal injury" or "advertising injury" for or agreement that the insurance afforded to an addi- which coverage is sought arises out of an offense tional insured under this Coverage Part must apply on that is committed; a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that subsequent to the signing and execution of that con- is available to such additional insured which covers tract or agreement by you. such additional insured as a named insured, and we will not share with that other insurance, provided that: CG D4 25 07 08 O 2008 The Travelers Companies,Inc. 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