HomeMy WebLinkAbout12625AS AMENDED: 3/25/13
RESOLUTION NO. 12625
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO CITY CENTER
PARTNERSHIP, INC. FOR THE USE OF THE PUBLIC
RIGHT-OF-WAY AT VARIOUS LOCATIONS
THROUGHOUT THE DOWNTOWN PUEBLO AREA FOR
THE PLACEMENT OF DECORATIVE BANNERS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Pueblo City Center
Partnership, Inc. for the use of the public right-of-way at various locations throughout
the downtown Pueblo area for the purpose of installing and maintaining decorative
banners. Upon attrition or City of Pueblo request, Pueblo City Center Partnership, Inc.
agrees to replace banners within a reasonable amount of time.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations,
terms and conditions set forth in the attached Revocable Permit.
INTRODUCED: March 25, 2013
BY: Ami Nawrocki
AS AMENDED: 3/25/13
Background Paper for Proposed
RESOLUTION
DATE: MARCH 25, 2013AGENDA ITEM # M-8
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
PUEBLO CITY CENTER PARTNERSHIP, INC. FOR THE USE OF THE PUBLIC
RIGHT-OF-WAY AT VARIOUS LOCATIONS THROUGHOUT THE DOWNTOWN
PUEBLO AREA FOR THE PLACEMENT OF DECORATIVE BANNERS
ISSUE
Should City Council issue a Revocable Permit to Pueblo City Center Partnership, Inc.
for the use of the public right-of-way located at various locations throughout the
downtown Pueblo area for the placement of decorative banners?
RECOMMENDATION
The Revocable Permit Review Committee recommends that City Council approve this
Resolution.
BACKGROUND
Pueblo City Center Partnership, Inc. would like to install and maintain decorative
banners on poles at various locations throughout the downtown Pueblo area.
Upon attrition or request from the City of Pueblo, Pueblo City Center Partnership, Inc.
agrees to replace banners within a reasonable amount of time.
See attached list for placement locations and Memorandum of Understanding Between
the Pueblo City Center Partnership, Inc. and the Pueblo Downtown Association.
FINANCIAL IMPACT
None.
{
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"),
the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the
provisions herein contained and the Permittee's compliance therewith:
I. Name, Address and Telephone Number of Permittee: Pueblo City Center Partnership, Inc.
, 115 E Riverwalk, Pueblo, CO 81003, (719)553 -7423
2. rermiuea Area. v arious locations throughout the downtown Pueblo area.
3. Purpose of Revocable Permit: Decorative Banner Installation and Maintenance
4. Authorized Improvements:
5. Commencement Date: March 25 2013 Time:
6. Ending Date: Indefinite Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the
Permitted Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the
Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in
compliance with all applicable codes, ordinances, rules and regulations of City and this Permit.
(c) if the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all
the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may
be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to
any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as
to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit
with the City the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all
Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the
Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee
shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the
Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted
Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the
Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and
clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,
including reasonable attorney fees, incurred in the enforcement of this Permit.
(0 Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair,
free from litter, waste and debris. �.._
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and
against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of
defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the
existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the
Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned,
transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted
conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written coznsent of the City
Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked.
CA - 7/22/03
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(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance
and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be
automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury
by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of
Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first
class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review
Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this
paragraph (k).
(I) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all
purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising
the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's
Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries
thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date,
(ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the
Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City.
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to
City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and
liability of the City.
Signed in Pueblo, Colorado this 1 5 day of /\lk CA( G ( l , 20 1 .
PERMITTEE:
Organization: P( ,_J(J ,.01O C j-� , or t Q
By: )2r IA'(.) i iLA1 i UfS
Title: C(k-Ct lQ (;71 d-t (''
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.. ii `'A
The foregoing instrument was acknowledged before me the IS day
.� ,/� 0 c \ , 20 � ? by
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Notary Public
'APPROVED this '25 th day of March , 20 13 .
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P ' : a • I •'cip. rporation
-Pre • - o the City Council
CA - 4/6/10
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PARTNERSHIP CITY CENTER
Letter of Intent - Revocable Permit Application
Street banners and holiday decor have been found to benefit downtown areas by adding color, excitement, creating
character and a sense of branding while in the process, of highlighting shopping and dining areas, designating special
districts and conveying information on upcoming events in Pueblo's City Center. The Pueblo City Center Partnership's,
along with the Pueblo Downtown Association's, intent is to have the opportunity to favorably impress, with an attractive
well- managed banner program, thus increasing the total experience and appearance of our downtown.
The Banner Program's emphasis shall be to benefit the downtown area by providing an overall cohesiveness through the
use of color and texture, while giving directional information or publicizing upcoming events to the worker and visitor
alike. City Center's banner program will work with organizations that have already, are currently participating, or have
invested in downtown banners presently. City Center's banner program is being developed to place emphasis and
benefit to the entire downtown, not the individual sponsor /organization. The banner program's purpose is not to
advertise individual businesses or to sell merchandise, products or services.
In order to gain the maximum effectiveness from the banner program, the promotional and aesthetic benefits will
adhere to branding guidelines for the area, public right of way standards, as well as engineering guidelines from Black
Hills Energy (i.e. format or fabric, color, graphic design and construction required). A primary focus of the banner system is
safety and preservation of the light standards to which the banners are attached.
The Partnership along with the Pueblo Downtown Association will develop Banner Program Guidelines; invest in
insurance, hardware and directional /seasonal banners along selected poles or downtown streets. This information will
be determined through a partnership with the City of Pueblo, Black Hills Energy, Pueblo Downtown Association and the
Pueblo City Center Partnership, who will manage and be the "go to entity" in regards to banners and decor within the
boundaries of the attached map .
Please see the attached boundary map of the area as well as samples of banners the Partnership would like to see in the
downtown area.
If you have any questions reviewing this application, please contact me directly at 719 - 553 -7423 or
kalfonso @pueblourbanrenewal.org.
Sincerely,
Kristi Alfonso, Execu ve Director - Pueblo City Center Partnership
Margare - Masias, Executive Director - Pueblo Downtown Association
__ i
Memorandum of Understanding Between
The Pueblo Downtown Association and the Pueblo City Center Partnership
This agreement is between the Pueblo Downtown Association (Party A) and The Pueblo City
Center Partnership (Party B) with regard to on pole banners and other decorative items on light
poles in the downtown area north of City Hall.
I. Purpose and Scope
The purpose of this Memorandum of Understanding (MOU) is to identify the roles and
responsibilities of each party with regard to this issue only.
II. MOU Term
The term of this MOU Agreement is the period within which the project responsibilities of
this agreement shall be performed. The term commences February 19, 2013 and remains in
force monthly until terminated upon 30 days notice by either party.
III. Party A Responsibilities
1. Shall be the design, production and installation of banners and holiday decorations for
the light poles in the area between City Hall and 13 Street in places where they have
traditionally been located.
2. The Pueblo Downtown Association maintains a liability insurance policy and will
continue to do so.
IV. Party B Responsibilities
1. Shall be to procure the necessary permits and to notify the Pueblo Downtown
Association of any changes before they occur.
2. Return of the MOU, with the required signatures, within 30 days of its receipt
3. Parties Agree to the Following Provisions:
1. Neither party shall infringe upon existing usages by the other for poles in the area.
Placement of additional amenities may be done by either party upon a simple
notification and agreement between the parties.
2. Either party may receive requests for short term banners to replace the existing ones.
The parties agree that the organization who wants short term banners must take down,
preserve and replace the existing banners in a timely manner.
3. In consideration both parties hold harmless the other Party of any claims, its servants,
agents, employees, licensees, invitees as well as any other party claiming to be injured
as a result of either occupancy of or presence. Further, both parties shall issue a
certificate of Liability Insurance to each other.
}
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4. Modification and Termination
1. This agreement may be cancelled or terminated without cause by either party by giving
(30) calendar days advance written notice to the other party, Such notification shall
state the effective date of termination or cancellation.
2. Any and all amendments must be made in writing and must be agreed to and executed
by all parties before becoming effective.
3. It is mutually agreed that no liability will be held by either party.
5. Effective Date and Signature
This MOU shall be effective upon the signature of Pueblo Downtown Association
representatives and the authorized officials of the Pueblo City Center Partnership. It shall be in
force from February 19, 2013 until cancelled by either party.
Pueblo Downto Association (Party A) Pueblo City Center Partnership (Party B)
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Date: > -d , `1 Date: Z - 7L2 - 13
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ALLI E
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9 Farm Springs Road
Farmington, CT 06032
Date June 1, 2012
Kristi Alfonso
Pueblo City Center Partnership
115 E. Riverwalk, Unit 410
Pueblo, CO 81003
Type of insurance: ForceField Not -For- Profit Organizations Management Liability Package
Policy
Re: Policy Number: 0307 -5554
Dear Pueblo City Center Partnership
Thank you for selecting Allied World Assurance Company to serve your management liability
insurance needs. Attached please find electronic copies of your policy and application.
Please review these materials to assure the information contained in the application is correct
as we relied upon it in proposing the coverage, price and other policy terms which you have
chosen to accept and that the insurance policy itself contains the expected coverage provisions
and terms.
If you find any errors in the application or have concerns with the coverage contained in your
policy, please contact your insurance agent immediately.
We appreciate your business and will work with your agent should any questions or service
needs arise during the term of your policy.
Sincerely,
r5
John McElroy
President
A1..I.IFr) Wf7R1 c.NOPA IY (11 ^ ) IhJR 1 Wp .'r ; . r,)p; T <43 79. 4S "(1 r .1"rt¢,nv4r corn
7,1111 Floor tiI i 794 WI vnor, tvr.t:: ,;q r'•
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,�e .... ---- CORE" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY)
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12/12/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 endorsement(s). !I
PRODUCER CONTACT Carlie Genova _ _
_ AX _^
CENTENNIAL INSURANCE AGENCY, LLD. • � 719)544 -1111 IF (719)545 - 5120
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PHONE._ Ext): ( I IA/C, No):
1515 Fortino Blvd. 2nd Floor ADDRESS: @centennial — in 13,corn
INSURERS) AFFORDING COVERAGE NAIC 0
_Pueblo CO 81008 iNSURER A :Central Mutual Insurance Co. 20230
INSURED - INSURER B :Pinnacol Assura_ nce T 41190
PUEBLO DOWNTOWN ASSOCIATION INSURER C :_ _
PO BOX 1953 INSURER D : __ _.._..._.....__..
INSURER E : _— ..._.
PUEBLO CO 81002 INSURER F:
COVERAGES CERTIFICATE NUMBER:12 - 13 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 tl
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 ADDL SIM POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INSR WVD . POLICY NUMBER IMMIDDIYYYYI (MMIDD/YYYY)
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
— DAIRM - TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Es Occulr KM) _._ S__ 300,000
A CLAIMS -MADE L X J OCCUR CLP 8614878 7/1/2012 7/1/2013 MED EXP (Any one person) S 5 , 000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000
POLICY _____ IFCT 1 L OC $
AUTOMOBILE LIABILITY COMB nt 5INGI.E LIMIT 5 — ANY AUTO BODILY INJURY (Per person) $
ALL OViNEO SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS WNED PROPERTY DAMAGE $
HIRED AUTOS _ AUTOS (Per acddenf .__
$
— UMBRELLA LIAR __ OCCUR EACH OCCURRENCE $
_EXCESS LIAR OCCUR
AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION WC STATU I
5 OTH•
TORYIIMIT5 1-R_ _..._. ._.__,.._.........___. ...____
AND EMPLOYERS' LIABILITY E.L. EACH AC $ 100 , 000
ANY PROPRIETORIPARTNERlEXECII'fIVE r Y 7 N
OFFICER /M EMBER EXCLUDED? I 1 N 4107861 9/1/2012 9/1/2013
(Mandatory In NH) E.L. DISEASE - EA EMPLOYEE. $ 100,, 000
If yos, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500 000
_ _ .__ � —
DESCRIPTION OF OPERATIONS) LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
The Certificate Holder is named as an Additional Insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Pueblo
211 East D Street AUTHORIZED REPRESENTATIVE !
Pueblo, CO 81003 roc^
• Carlie Genova /CARLIE ��' "Z— 1
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ACORD 25 (2010/05) 01988 -2010 ACORD CORPORATION. All rights reserved.
INS025l9n1fN1.i1M The A t^YlRt1 Hama and Inns are renictnrorl marks of Ar:Ap11
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" ALLIED
43A r WOR LO
" ' $ , ASNt*ANCt COMPANY
DARWIN NATIONAL ASSURANCE COMPANY
(iA member company of Allied World A Stitirance Company Holdings 1.td.)
9 Farms Spring [toad, Farmington. (1' 06032 •Tel. (8610) 284 -1300 • Fax (8611) 2844301
FORCEFIEL
NOT -FOR- PROFIT ORGANIZATIONS
AIANAGKMJ:NT LIABILITY PACKAGE POLICY
POLICY NI L0307- 5554_ l RENEWAL OF: L _J
NOTICES
THE FOLLOWING: NOTICES ARE APPLICABLE TO ALL COVERAGE SECTIONS, EXCEPT '1'II1
CRIME AND THE KIDNAP AND RANSOM/EXTORTION COVERAGE SECTIONS.
EXCEPT TO SUCII EXTENT AS MAN., OTHERWISE B1. I'RO1'll)ED HERE Tim: COVERAGE: OF Ti
MICA IS GENER:AI.LY LIMITED TO LIABILITY FOR ONLY THOSE: CLAIMS THAT ARE FIl*,I' MADE
AGAINST TIIE: INSUREDS DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE
INSURER I'tTRStIANT 1'O TIIE. TERMS IIEREIN.
'THE LIMIT OE LIABILITY AVAILABLE TO PAY.IttlGMEN'I'S Olt SETTLEMENTS SHALL i BE REDUCED
BY AMOUNTS INCURRED FOR DEFENSE COSTS. AMOUNTS INCURRED FOR DEFENSE CaS'I'S SHALT.
BE APPLIED AGAINST THE RETENTION AMOUNT.
THE INSURER DOES NOT ASSt.tNIE THE DUTY TO DEFEND ANY CLAIM UNDER THIS POLICY;
HOWEVER, LF 'ITIE: INSURED 'TENDERS THE DEFENSE ENSt! OF ANY CLAIM IM TO THE INSURER IN
ACCORDANCE \\I'I'1I 'TIIE. TERMS HEREIN, '1'11E INSURER SHALL ASSUME: THE DEFENSE OF SUCH
CLAIM.
.AIM.
/'/.I. 15E READ THE ENTIRE POLICY (AWFULLY . LV'D D1S('1!.S.S TIE (,'OI R1(E I!E l ?EVN!)ER SPY TIl
1'0I'1? L\WI pR•I A'( - fE BROKER.
DECLARATIONS
ITEM 1. NAMED INSI.TRIO): Pueblo City Center Partnership
ADDRESS: 115 E. RIvcrwulk, Unit 410
Pueblo, CO 81003
ITEM 1 POLICY PERIOD: Inception Date: June I. 2012 Expiration Date: June I. 2013
(I 2:01 a. in Standard Time t the address stated in Itetn 11
THIS POLICY IS A CLAIMS -MADE POLICY WHICH
PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM
IS MADE DURING THE POLICY PERIOD OR ANY
APPLICABLE EXTENDED REPORTING PERIOD.
NP 0(101)1 00 (01 `11)) Page 1 of 5
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ITEM 3. COVERAGE SECTIONS AND PREMIUM
This Policy provides coverage under a Coverage Section only if purchased by the Insured and indicated by an
"X" below.
Liability Coverage Section Premium
rAll ' ircctors and Officers Liability C'ovcra,,e Section S535
• S
cnl Practices Liability Covcrar2,e oetion N A
Ia� Employmt iduciaty Liability Covera e Sectio N/A
a l mplo Lawyers Coverage Sectio N/A (I 'rime Covera_c Section N/A
[1 'dna) and Ranson'Extortion Coverage Section N/A
I, Total Policy Premium S53S
ITEM 4. LIMITS OF LIABILITY AND RETENTIONS OR DEDUCTIBLES 1
I
A. LIMIT OF LIABILITY AND RETENTION FOR EACII COVERAGE SECTION
(t)ttter than the Crime and Kidnap and Ransont/Extoriion Coverage Sections.)
Separate Limit Shared Limit I
Coverage Section of Liability of Liability Retention* 1
Directors and Officers I
$1,000 000 All Claims: SO
Liability Coverage Section Shared With:
Employment Practices
Liability Coverage Section N/A Shared With:
I
Third Pare Liability'
Alt Claims:
Coverage Sublimit of N/A N,'A
Liability ,
Fiduciary Liability N /C1
N _ I
(overage Section " A All Claims:
Shared With:
Employed Lawyers N/A 1
NIA , All Claims: I
Coverage Section Shared \\ VIE
* With respect all Coverage Sections listed above, no Retention amount is applicable to :Von- Ln9enrrriliable Loss.
B. AGGREGATE LIMIT OF LIABILITY
S1.000,000 j
77w Aggnigate Limit gl'Liability set P, th above is the maximum Limit gl'Liability of the Insurer for all Loss ter' which
coverage is provided under all Coverage Sections- listed in Item 4.:4, above. This Aggregate Limit of Liability does not I
apply to the Crime and Kicdtap and Ransonr-Txtor Lion (:'overage Sections: I
1
C. LIMITS OF LIABILITY AND DEDUCTIBL.ES FOR CRIME COVERAGE SECTION I
Limit of Liability Deductible, I
Insuring Agreement for a Single Loss each Single Loss 1
Insuring Agreement A N/ A N/A I
I
"Employee Theft" Coverage
Inswing Agreement 13
N %A NIA
{
"Forgery or Alteration" Coverage I
_______
Inswing Agreement C
N/A NIA
. `Inside the Premises" Coverage
Insurin Agreement D !
g N/A NA
"In Transit" Coven/ c
Inswing Agreement E
"Computer Fraud" Coverage N/A N/A _
NP 00001 00 (01 /10) Page 2 of 5
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Insuring Agreement
"Funds Transfer Fraud" Coverage
Insuring Agreement 0
"Money foney Orders and Counterfeit Currency Fraud" NIA N/A
Coverage
Insuring Agreement H
NIA
"Credit Card Fraud " Coverage N1;1
D. CRIME COVERAGE SE(.`,'1'iON AGGREGATE LIMIT OF L1A131L1'1•a'
N:'A
This 48,gregate Limit of Llabilit}' s t,far•tlr above is the maximum Limn of liability of the Insurer for all 1�s'/b' which
. coverage is provided under the Crime Coverage Se•clion,
E. LIMITS OF INSURANCE AND RETEN1 FOR KIDNAP AND RANSOM /EXTORTION
COVERAGE SECTION
Limit of Insurance, Annual Aggregate Retention,
insuring Per Insured
Per Insured Event Limit of Insurance i
Event
Insuring Agreement A
"Kidnap and Ransom Extortion" NIA /A N/A
Insuring Agreement 13
"In- Transit /Custody" NI:1 NIA NIA
Insuring Agreement C
Ni A Ni
. Expenses „
N/A N/A
N/A
Insuring Agreement D Per Insured Person;
>, N/A N/A
"Personal Loss" N/A
Per Insured Event
Insuring Agreement 1 — -
::Lcg.il Costs * !A \::� NrA
F. oTrIER COVERAGE ST ?BLIMITS
Coverage
Sublimit of Liubilit�
Strategic Response Costs Coverage (D&O) S5,000 ~~
Voluntary Compliance Proniram Covere (Fiduciary) N/A
IIIPAA Claim Coverage (fiduciary) NIA_
Restoration Expenses (Clime NJA j
Authentication Expenses (Cringe) NiA
Punitive Damages Coverage Options fist' D&O and EPT.. Coverage
Sections:
❑ D &O Punitive Damages Sublimit of Liability: NIA
❑ FPI.. Punitive Damages Sublimit of Liability: NIA
❑ Shared Punitive Damages Sublimit. of Liability for DSO and Elul.: N/A
Ej No Punitive Damages Sublimit of Liability for D&O or FPI..'°
With respect to Punitive Damages Coverage, if "No Punitive Damages s Sublimit n/ 1) &0 or ten" is .selected
above, the limit of Liability for Punitive Damages shall be equal 10 either the !)&O or the EPI.. <:bver•age Section Limit of
Liability, as applicable, .set forth above in !tem 4.4.
NP 00()01 ()0 (01/10) Page 3 ofi'S
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1'I'EM 5. COVERAGE DATES
Coverage Section Date
Directors and Officers Liability Coverage Section Pending or Prior Date: June 1, 2012
Emp10 ment Practices Liability Coverage Section funding or Prior Date:
Fiduciary Liability Coverage Section Pending or Prior Date:
Employed Lawyers Coverage Section Pending or Prior Date:
. Crime Coverage Section 'v!:1
Kidnap and Ransom/Extortion Coverage Section v, 1
ITEM 6. DISCOVERY PER.IOI)
I Year: 75%
2 Years: 100%
3 Yeats: 125%
4 Years: 150%
5 Years: 175%
6 Years: 200%
ITEM 7. ADDRESS OF INSURER FOR NOTICES UNDER TTTIS POLICY
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A. Claim-Related Notices:
DARWIN NATIONAL ASSURANCE COMPANY
AT N: CLAIMS DEPAR'TM'ENT
9 FARM SPRINGS ROAD
FARMINGTON, Cr 06032
or
noticeoflo$Sfukdarwin nro.com
13. Alt Other Notices:
DARWIN NATIONAL, ASSURANC :E COMPANY
AT'l'N: PROFESSIONAL LIABILITY UNDERWRITING
199 WATER STREET
NEW YORK, NY 10038
in Witness Whereof, the Insurer has caused This Polley to be exeoulod and aiIcst d. 'rills Policy shall not be
valid unless countersigned by a duly authorized representative of the Insurer.
NP 00001 00 (01/10) Page 4 of 5
President' Secrrtaiy
,
Al TTHORTZED REPRESENTATIVE
9
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NP 00001 00 (01!10) Page 5 of 5
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