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HomeMy WebLinkAboutAgreement Ken Hampian (002)Agreement Page 1 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _______________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and KEN HAMPIAN, hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, the City wants to provide a Project Management Training for employees as a part of the City’s Leadership and Learning Academy and prerequisite to City employee participation in the Centre for Organization Effectiveness Regional Management Academy. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until January 31st, 2020 and acceptance or completion of said services. 2. INCORPORATION BY REFERENCE The Contractor’s fees and scope of services are hereby incorporated in and made part of this Agreement as Exhibit A. The City’s terms and conditions are hereby incorporated in and made part of this agreement as Exhibit B. The City’s insurance requirements and Contractor’s proof of insurance are made a part of this Agreement as Exhibit C. To the extent that there are any conflicts between the Contractor’s fees and scope of work, and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed $4,500 for a Project Management Training. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in EXHIBIT A. Agreement Page 2 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Human Resources City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Ken Hampian 4143 Poinsettia Street San Luis Obispo, CA 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ Director of Human Resources APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney Agreement Page 3 EXHIBIT A City of San Luis Obispo Project Management Training: Proposed Facilitator Role & Scope of Work Date: The training will take place Wednesday, January 22, 2020. Training Attendees: As a part of the City’s Leadership and Learning Academy and prerequisite to City employee participation in the Centre for Organization Effectiveness Regional Management Academy, the session will be attended by a select group of staff members who are involved in project management, either as project managers, project team members, or stakeholders impacted by internally lead projects. Facilitator Role: Identifying the Learning Objectives: The City has identified the following learning objectives based on prior project management training developed by the City and the interests of the city manager and department heads . The City has identified employees who demonstrate acceptable project management skills and those employees will provide input to the facilitator and may serve as “guest speakers” or panelists at the facilitator’s discretion. Key Learning Objectives: 1. Participants will understand the definition of project management, and understand the differences between project and policy plan management. 2. Participants will gain an appreciation for the importance of project management and how it relates to Derek’s Working Agreements, customer service, community engagement, efficiency, and effectiveness. 3. Participants will understand definitions associated with project/policy management templates and will have the opportunity to apply their understanding in small group discussion. 4. Participants will gain an appreciation for the political aspects of public policy making and how it impacts staff’s role in project management. 5. Participants will understand potential pitfalls to poor project management and when to review/revise a project plan. 6. Participants will gain an appreciation for the “soft” skills associated with project management and how important communication is in the success of a project. 7. “Technical” project management tools will be highlighted but not presented in depth. 8. Participants will learn how to hold a “lessons learned” project review. The facilitator based on his experience (including suggesting additional content that has been effectively used in other training venues). Agreement Page 4 Developing the Session Program: The facilitator will modify existing project management training content including the agenda, exercises, case studies, and some training content (e.g. those PowerPoint slides that the facilitator will present) as he sees fit with input from key staff. The facilitator will also assist in the recruitment and briefing of guest speakers/panel members, as needed (see above as well as potential community members, project management experts, etc). While the City shall provide the meeting space, equipment and other supplies needed to assure a smooth training day, the facilitator will work with Human Resources staff to assure that the program’s logistic needs are organized and fully met. Pre-session Meetings: It is estimated that the facilitator shall attend at least one committee meeting to plan the session. He will most likely attend other smaller follow- up meetings, as needed, including a final review of the room set-up and other logistics. He shall make himself available for telephone calls, email and text consultation. He is willing to attend an after-session debriefing, if so desired by staff. Training Day Facilitation: The facilitator will oversee the training day to assure that it runs in a smooth and “on-time” fashion. He will also serve as a catalyst for conversation. The facilitator will also assure even-handed participation and that key questions/ambiguities are clearly addressed during the day. He will directly present some material, particularly as it relates to the non-technical aspects of project management. Total Fee: $4,500 BIOGRAPHY: KEN HAMPIAN (2019) Ken Hampian is the former city manager of San Luis Obispo (SLO). He came to SLO in 1989 after 15 years of service at the city, county and Federal levels of government (the first two in the Presidential Management Fellowship Program in Washington D.C.). He served in SLO for over 20 years, the first half as Assistant City Manager. In 1996, Hampian received the John S. Nail Award presented by the League of California Cities annually to one assistant city manager for outstanding performance. In 2000, he was Agreement Page 5 appointed city manager. During Ken's 10 year tenure, he was recognized by City employees for outstanding performance, receiving the National Management Association Silver Knight of Management Award and Employee of the Year honors. In 2010, he left city management to pursue other interests, including teaching, training and writing. In the summer of 2011, Ken served as the pro-bono city manager for the City of Bell during a time of crisis there. He has received state and national recognition for his Bell service, including the International City & County Manager’s Association inaugural Hall of Fame Ethics Award and Public CEO’s City Employee of the Year, 2012. Ken has co-authored Guide to Local Government Finance in California. League of Cities Executive Director Chris McKenzie called the book “…the most comprehensive treatment of local government finance in any state that I have ever seen.” Today, Ken consults and trains and has assisted several cities with community goal- setting, council teamwork, and city manager evaluation. He trains in such areas as leadership, ethics, public policy and council roles and relationships. He created and taught a graduate course at Cal Poly-San Luis Obispo on the topic of organizational leadership. He is engaged by the Centre for Organizational Effectiveness, the San Mateo County Leadership Academy, the California Police Chiefs Association, the California Joint Powers Insurance Authority and the Davenport Institute. Michael Multari Education: BA, Yale University MPA, Princeton University Michael Multari provides assistance to public agencies and non-profits, primarily focusing on how to best coordinate community goal setting with the budget process. Multari is frequently retained to facilitate programs requiring consensus building. Recent examples include facilitating workshops to identify goals and priorities for a water-quality monitoring program in Morro Bay and facilitating campus advisory groups at Cal Poly. With Ken Hampian and Bill Statler (HMS Team) he has worked on City Council goal setting in the cities of Ceres, Willits and Monrovia. He was among the professionals who volunteered to assist the city of Bell in the wake of the notorious scandal there. Michael Multari is a good teacher and speaker. He is an adjunct faculty member in the City and Regional Planning Department at Cal Poly San Luis Obispo. He has taught a variety of courses at both the graduate and undergraduate levels related to municipal finance and planning. During his career he has been invited to speak at numerous American Planning Association and League of California Cities conferences. Earlier in his career, Multari was the community development director for the cities of Morro Bay and San Luis Obispo before co-founding Crawford, Multari & Clark, Associates, a consulting practice providing planning, fiscal and economic assistance to local agencies Agreement Page 6 throughout California. His work included planning and fiscal analyses; much of this work involved community outreach, goal setting and consensus building. Multari left CMCA and served as the executive director of the Morro Bay National Estuary Program, one of only 28 such programs in the country created by Congress through the federal Clean Water Act. This program, which is administered by the US EPA, is aimed at protecting estuarine resources of national importance. His work involved coordinating the efforts of a wide range of stakeholders including government agencies, NGOs, businesses, landowners and the general public. Multari later worked as the campus planner and sustainability coordinator at Cal Poly where he helped with the implementation and management of the university’s master plan. His other assignments included serving on various planning and goal-setting committees and resolving inter- departmental conflicts. Multari is the co-author of “Local Government Finance in California” (Solano Press, 2012) and various articles on planning and finance. He is active as a volunteer in city government and has been appointed to several city committees and task forces in San Luis Obispo, where he currently serves on the San Luis Obispo Planning Commission. Agreement Page 7 EXHIBIT B GENERAL TERMS AND CONDITIONS 1. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of the Request for Proposals, unless changes are otherwise approved by City, or if there was no Request for Proposal proof of insurance in the form coverages and amounts specified in Exhibit B . 2. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 3. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 4. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 8. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 9. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other Agreement Page 8 applicable laws shall be employed in the performance of the work hereunder. 11. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 13. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 15. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 16. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 17. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, Agreement Page 9 employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its Agreement Page 10 share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 18. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 19. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 20. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the Agreement Page 11 value of the work-in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. A Guide To Your General Liability Policy © Hiscox Inc. 2010 Page 1 The following is a guide to your General Liability policy. We have identified several key coverage items along with the limits and deductibles you have selected. To make it easier, we have also added a brief explanation of those items. We want you to feel confident about your new policy. If any of the information below is incorrect or if you have any questions, please contact one of our advisors at 888-202-3007 (Mon-Fri, 8am-10pm EST) or manage your policy at: www.hiscox.com/ manage-your-policy. Your business details Name:Ken Hampian Business Name:Ken Hampian Address:4143 Poinsetta Street City:San Luis Obipso State:CA Zip code:93401 Occupation:Management consulting Telephone number:805-431-7158 Email address:kchampian@icloud.com Your General Liability Policy Policy number:UDC-1303613-CGL-19 Policy effective dates: This determines the time period during which your coverage applies. From: To: October 14, 2019 October 14, 2020 Form of business:This identifies the legal structure of your business and determines who isinsured under your policy.Individual/Sole Proprietor Optional terrorism coverage:Included Total cost of policy:$ 350.00 Your coverage and limits Each occurrence limitThe most we will pay for all damages due to bodily injury and propertydamage, and medical expenses that arise out of any one occurrence. Defense costs we incur, in the defense of a lawsuit filed against you, will not reduce this limit. $ 1,000,000 © Hiscox Inc. 2010 Page 2 General aggregate limit The most we will pay for all damages and medical expenses for the entire policy. Defense costs we incur, in the defense of a lawsuit filed against you, will not reduce this limit. $ 2,000,000 Damage to premises rented to you The most we will pay for your liability for damage by fire to premises rented to you. This limit also applies to your liability to premises you rent for a period of 7 or fewer consecutive days. If you are a home-based business, this coverage does not apply to damage to your home. $ 100,000 any one premises Medical expenses The most we will pay for all medical expenses sustained by any one person. $ 5,000 any one person Personal and advertising injury limit The most we will pay for all personal and advertising injury(e.g., libel, slander) sustained by any one person or organization. $ 1,000,000 any one person or organization Deductible for General Liability Coverage No deductible applies to the general liability portion of your policy so you are not required to make any payments in the events of such claims. No deductible Other policy information 14 day full refund Be confident that you have made the right choice. We give you 14 days to review your policy. If you are not satisfied and have not had any claims or losses, you can cancel your policy back to its start date and receive a full refund. Notice of claim If you have a claim, please call us at 866-424-8508. You may also e-mail us at reportaclaim@hiscox.com What does my General Liability Policy cover?For a summary showing examples of what you are and are not covered for, please read the Coverage Summary document. This guide does not modify the terms and conditions of your policy, which are contained in your policy documents, nor does it imply any claim is covered or not covered. We recommend that you read your policy documents to learn the details of your coverage. Reinventing Small Business Insurance® General Liability Coverage Summary We want you to understand the Hiscox General Liability coverage. This summary explains the main areas of coverage and exclusions. If you have any questions about your coverage, please contact one of our advisors at 888-202-3007 (Mon-Fri, 8am-10pm EST). Or, you can manage your policy by visiting https://www.hiscox.com/manage-your-policy. This policy does cover Bodily injury or property damage To the extent you are legally liable, we cover damages or claims expenses if you injure a third-party or damage someone else’s property. However, damage to premises you rent is only covered if caused by fire or if the premises is rented to you for a period of 7 or fewer consecutive days. Medical payments We will make medical payments as a result of bodily injury that occurs in the course of your business operations, regardless of fault. Defense costs If you’re sued, even if you’re not at fault, we will appoint an attorney to defend you, even if the lawsuit is groundless. We will pay these defense costs on your behalf. Personal and advertising injury We cover claims of libel and slander that are not part of your professional services. We also protect you if your advertisement unintentionally uses a third party’s advertising idea or infringes upon another’s copyright. We do not provide this coverage to marketing or PR professionals, research consultants, graphic designers, lawyers, recruiters, real estate agents/brokers or property managers. Electronic data liability Specifically added for consultants and technology service providers, Hiscox covers your liability for damage to someone’s electronic data resulting from the physical damage of property. We provide up to $25,000 of coverage. Worldwide insurance coverage We cover damage that occurs in the United States, its territories and Canada. We also offer some coverage for instances outside these areas while you’re away on short periods of travel. Employees or temporary staff Hiscox will cover claims arising from your employees’ or temporary staff’s actions if they were performed on behalf of your business. Supplemental payments Your Hiscox policy covers the following expenses, should they be incurred, without reducing your limit of liability:  All expenses we incur, including the defense of lawsuits  Up to $250 a day for reasonable expenses (including loss of earnings) you incur as a result of assisting us in the defense of a claim or lawsuit  Interest on damage awards This policy does not cover Intent to injure We won’t cover you for any act that occurs with the intent to injure. This includes personal and advertising injuries if you knew your actions were false or violated the rights of others. Outside the policy period We won’t cover claims for bodily injury, property damage, or personal and advertising injury that do not occur during the policy period. Known claims and circumstances We won’t cover your business for any claim or circumstance that could result in a claim you knew about prior to the start of your first Hiscox policy. Personally identifiable information We won’t cover your failure to protect any personally identifiable information that is in your care. Professional services We won’t cover any professional services performed by you. These types of risks may be covered as part of our Professional Liability Policy. Vehicles and boats We won’t cover any claims arising out of the ownership or use of an automobile or a watercraft. Workers’ compensation We won’t cover any obligation you may have under a workers’ compensation claim or similar law. Your property We won’t cover claims for damage to property you own or have in your care. However, protection for your own business equipment can be purchased as part of our Business Owners Policy. Personal and advertising injury We don’t provide this coverage to marketing or PR professionals, research consultants, graphic designers, lawyers, recruiters, real estate agents/brokers or property managers. However, this coverage is available as part of our Professional Liability Policy. Common claims examples Bodily injury — A client falls over your bag and you are legally liable for the injury. We will cover the subsequent claim and related medical expenses up to your limits of liability. Property damage and data loss — You spill coffee on a client’s server causing damage and loss of data. We will cover the subsequent claim up to your limits of liability. Personal injury — One of your employees is at lunch. He talks to the owner of the shop about one of your clients in a false and unflattering way. The client learns of this discussion and sues for slander. We will cover the subsequent claim, up to your limits of liability, and pay for an attorney to defend you if necessary. Coverage summaries, descriptions, and claims examples are provided for illustrative purposes only and are subject to the applicable policy limits, deductibles, exclusions, terms, and conditions. Not all insurance products and services are available in all states. Hiscox recommends you read the policy documents to learn the full details of coverage. Underwritten by Hiscox Insurance Company Inc., 104 South Michigan Avenue, Suite 600, Chicago, IL 60603, as administered by Hiscox Inc., a licensed insurance provider in all states and DC.