The URL can be used to link to this page

Home My WebLink AboutPK07-172 - Original - Washington Women's Employment & Education - REACH Plus Program - 01/01/2007 ® Records Management \11ZKEN T Document W 9NINOTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. II�� 11U�S1�I � T�� VV�-YV�V1� S Vendor Name: t /L�' -4 & CLl."Itll " Vendor Number: �a L f G r JD Edwards Number Contract Number: 1102-1 7 a. This is assigned by Mary Simmons Description: M-AL LE p `_yls D Vb I 0AAJ -- Detail: S1/CS LeA GrAI ftl avid 1 'h ''0VI+ C' - Project Name: R-L-A� a p 1us Contract Effective Date: " 01 Termination Date: Z 31 —va Contract Renewal Notice (Days): Vl I r tq Number of days required notice for termination or renewal ro amendment Contract Manager: m a i n Mb 7? Department: P S Nvwtu� Zvi czs Abstract: S Public\RecordsManagement\Forms\ContractCover\ADCL7832 07/02 -.000".', KENTi" W/.S"'NOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Washington Women's Employment & Education THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Women's Employment & Education organized under the laws of the State of Washington, located and doing business at 515 W. Harrison, Suite 208, Kent, WA, 98032 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant will provide job readiness skills and computer skills to low-income parents who are residents of Kent, Renton, and SeaTac. This is an agreement entered into between the Consultant and the City of Kent, acting on behalf of itself, and Renton and SeaTac pursuant to a Memorandum of Understanding, dated February 4, 2003, between the participating cities for planning, funding and implementation of a joint human services application and funding program. The following exhibits are attached and incorporated by this reference as if fully set forth herein: Exhibit A, Scope and Schedule of Work; Exhibit B, Billing Voucher and Service Report; Exhibit C, Kent First and Final Outcome Report; Exhibit D, Demographic Report; Exhibit E, Insurance Cetertificate; and Exhibit F, Debarment Certification Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The term of this Agreement shall run from January 1, 2007,through December 31, 2008. However, due to the delay in execution of this Agreement, the parties agree that all actions consistent with the authority of this Agreement and prior to the date of the Agreement's execution are hereby ratified and affirmed, and the terms of this Agreement shall be deemed to have applied. The parties agree that Consultant shall complete the work described in Section I by December 31, 2008. This Agreement, however, is contingent upon the availability of funds to be allocated through the City's budget process. During the term of this Agreement should the City determine that funds to support Consultant's services are no longer available, the City shall provide Consultant seven(7) days advance written notice of summary termination. III. COMPENSATION. A. The City shall pay the Consultant,based on time and materials, an amount not to exceed $94,000 ($47,000 per year) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of CONSULTANT SERVICES AGREEMENT- I (Over$10,000) one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VIL INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit E attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULT T: CITY OF KE T: By: By: (signature (signature) Print Name: j Print Nam Suzette Cooke Its It Mavor (Title) (Tat! DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Robin Lester, Executive Director Katherin Johnson, Human Services Manager Washington Women's Employment&Education City of Kent 3516 South 47th Street, Suite 205 220 Fourth Avenue South Tacoma, WA 98409 Kent, WA 98032 (253) 856-5070 (telephone) (253) 474-9933 (telephone) (253) 856-5073 (facsimile) (253) 474-3366 (facsimile) APPROVED AS TO FORM: CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) e t Law D pa 'ment P Human Services\General Fund\General Fund 2007-2008 Contract\W WEE CSA 2007-20081 CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLAMATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this t>W—day of ,200?. By: For: 4;Yy�o " Title: )(40A,� Date: 41/�/©'-' EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A SCOPE AND SCHEDULE OF WORK 2007 CONSULTANT SERVICES AGREEMENT WASHINGTON WOMEN'S EMPLOYMENT & EDUCATION REACH Plus This program provides a five-week computer training and job readiness class to increase the employability and economic self-sufficiency of low-income residents of Kent, Renton and SeaTac. This funding will provide: City of Kent Outputs Unduplicated Kent Clients 43 Number of participants that increase job search technical skills 32 Number of participants that increase job specific skills 32 Membership and participation in the South King Council of Human Services City of Renton Outputs Unduplicated Kent Clients 15 Number of participants that increase job search technical skills 11 Number of participants that increase job specific skills 11 City of SeaTac Outputs Unduplicated Kent Clients 4 Number of participants that increase job search technical skills 3 Number of participants that increase job specific skills 3 Outcome(s) Increased ability of low-income South King County residents to earn a livable wage and become self-sufficient. Budget 2007 Reimbursement: City of Kent $35,000 City of Renton $10,000 City of SeaTac $ 2,000 Total $47,000 (Budget detail continued on next page) EXHIBIT A SCOPE OF WORK (CONTINUED) City of Kent Budget: Personnel $35,000 Nonpersonnel $ -0- City of Renton Budget: Personnel $10,000 Nonpersonnel $ -0- City of SeaTac Budget: Personnel $2,000 Nonpersonnel $ -0- Total $47,000 Reporting Requirements and Timeline The agency will be reimbursed on a quarterly basis, upon submittal of appropriate documentation. Such documentation will include the following (as applicable): Billing Voucher & Service Report (Exhibit B); Outcome Based Evaluation Report (Exhibit C), and Client Demographic Data (Exhibit D). These items must be submitted on forms provided by the City by the 10th of following month for the previous quarter of service. The reporting timeline is as follows: Billing Voucher &Service Report (Exhibit B) IV" day following each quarter Final Billing Voucher (4`h Qtr Exhibit B) December 14, 2007 Outcome Based Evaluation Report (Exhibit C) July 31, 2007/January 31, 2008 Client Demographic Data (Exhibit D) January 31, 2008 Contract Administration The Consultant will notify the City, in writing, within (10) days of any changes in program personnel or board membership. The Consultant shall provide the City with a current list of its board of directors, general or limited partners, as applicable. All records related to this contract must be retained for three years plus the current year. EXHIBIT A SCOPE OF WORK (CONTINUED) 2007 CONSULTANT SERVICES AGREEMENT WASHINGTON WOMEN'S EMPLOYMENT & EDUCATION REACH Plus Pursuant to Item I. of the Consultant Services Agreement executed on January 1, 2007, WWEE shall provide the approximate number of City of Kent, Renton, and SeaTac clients with the following services: QUARTER 1st 2 nd3 4 Annual City of Kent Performance Measures: Total 1. Number of Unduplicated Kent Clients 10 11 11 11 43 2. Number of participants that increase job 8 8 8 8 32 search technical skills 3. Number of participants that increase job 8 8 $ g 32 specific skills QUARTER 1st 2nd 3 rd4t Annual City of Renton Performance Measures: Total 1. Number of Unduplicated Renton Clients 0 5 5 5 15 2. Number of participants that increase job 0 4 4 3 11 search technical skills 3. Number of participants that increase job 0 4 4 3 11 specific skills QUARTER Is' 2nd 3,d 4" Annual City of SeaTac Performance Measures: Total 1. Number of Unduplicated SeaTac Clients 0 1 1 2 4 2. Number of participants that increase job 0 0 0 3 3 search technical skills 3. Number of participants that increase job 0 0 0 3 3 specific skills The above services shall be provided by December 31, 2007. 2007 Reimbursement: $47,000 Please sign to indicate acceptance of the Year 2007 Performance Measures listed above. Rob! L ster, Exectib irector Date (-/ KatI#rdffi ohnson, Hurnar0yervices Manager Date EXHIBIT A SCOPE AND SCHEDULE OF WORK 2008 CONSULTANT SERVICES AGREEMENT WASHINGTON WOMEN`S EMPLOYMENT & EDUCATION REACH Plus This program provides a five-week computer training and job readiness class to increase the employability and economic self-sufficiency of low-income residents of Kent, Renton and SeaTac. This funding will provide: City of Kent Outputs Unduplicated Kent Clients 43 Number of participants that increase job search technical skills 32 Number of participants that increase job specific skills 32 Membership and participation in the South King Council of Human Services City of Renton Outputs Unduplicated Kent Clients 15 Number of participants that increase job search technical skills 11 Number of participants that increase job specific skills 11 City of SeaTac Outputs Unduplicated Kent Clients 4 Number of participants that increase job search technical skills 3 Number of participants that increase job specific skills 3 Outcome(s) Increased ability of low-income South King County residents to earn a livable wage and become self-sufficient. Budget 2008 Reimbursement: City of Kent $35,000 City of Renton $10,000 City of SeaTac $ 2,000 Total $479000 (Budget detail continued on next page) EXHIBIT A SCOPE OF WORK (CONTINUED) City of Kent Budget: Personnel $35,000 Nonpersonnel $ -0- City of Renton Budget: Personnel $10,000 Nonpersonnel $ -0- City of SeaTac Budget: Personnel $2,000 Nonpersonnel $ -0- Total $47,000 Reyorting Requirements and Timeline The agency will be reimbursed on a quarterly basis, upon submittal of appropriate documentation. Such documentation will include the following (as applicable): Billing Voucher & Service Report (Exhibit B); Outcome Based Evaluation Report (Exhibit C), and Client Demographic Data (Exhibit D). These items must be submitted on forms provided by the City by the loth of following month for the previous quarter of service. The reporting timeline is as follows: Billing Voucher &Service Report (Exhibit B) le day following each quarter Final Billing Voucher (e Qtr Exhibit B) December 15, 2008 Outcome Based Evaluation Report (Exhibit C) July 31, 2008/January 30, 2009 Client Demographic Data (Exhibit D) January 30, 2009 Contract Administration The Consultant will notify the City, in writing, within (10) days of any changes in program personnel or board membership. The Consultant shall provide the City with a current list of its board of directors, general or limited partners, as applicable. All records related to this contract must be retained for three years plus the current year. EXHIBIT A SCOPE OF WORK (CONTINUED) 2008 CONSULTANT SERVICES AGREEMENT WASHINGTON WOMEN'S EMPLOYMENT & EDUCATION REACH Plus Pursuant to Item I. of the Consultant Services Agreement executed on January 1, 2007, WWEE shall provide the approximate number of City of Kent, Renton, and SeaTac clients with the following services: QUARTER 1s` 2nd Annual City of Kent Performance Measures: Total 1. Number of Unduplicated Kent Clients 10 11 11 11 43 2. Number of participants that increase job 8 8 8 8 32 search technical skills 3. Number of participants that increase lob 8 8 8 8 32 specific skills QUARTER 1s` 2nd 3rd 4` Annual City of Renton Performance Measures: Total 1. Number of Unduplicated Renton Clients 0 5 5 5 15 2. Number of participants that increase job 0 4 4 3 11 search technical skills 3. Number of participants that increase fob 0 4 4 3 11 specific skills QUARTER 1s` 2" 3rd 4`h Annual City of SeaTac Performance Measures: Total 1. Number of Unduplicated SeaTac Clients 0 1 1 2 4 2. Number of participants that increase job 0 0 0 3 3 search technical skills 3. Number of participants that increase job 0 0 0 3 3 specific skills The above services shall be provided by December 31, 2008. 2008 Reimbursement: $47,000 Please sign to indicate acceptance of the Year 2008 Performance Measures listed above. /X-� vcrz7�� - �wc 7 R bi ter,Exec ve Director Date Kathe in Johnson, Hu Services Manager Date Exhibit B General Fund KENT 2007 Billing Voucher WASHINGTON and Service Report PARKS, RECREATION S COMMUNITY SERVICES To: Merina Hanson Agency: W.W.E.E: Housing & Human Services Parks, Recreation & Community Services Program Contact: Deborah Howell 220 4th Ave. South, Kent, WA 98032 Telephone: (253) 474-9933 mhansonCaD_ci.kent wa us E-mail: DeborahH@wwee.org Phone: 253 856-5077 Reporting Period Program Amount Requested REACH Plus $ 47,000 BUDGET SUMMARY FOR DEPARTMENT USE ONLY_ - Total Contract Amount $ VENDOR NUMBER#33458_ �� Current Request $ ACCOUNT CODE 1000-6370-641504850 ` ; �, Amount Remaining $ 2007 SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date. City of Kent Performance Measures: Planned Service Units New City I Toia) i o a ae� Funded Service Funded Units to Date 1st 2nd 3rd 4th Units Service Units (ALL Funding This Quarter To Date Sources) 1. Number of Unduplicated Kent 10 11 11 11 Clients 2. Number of participants that 8 8 8 8 increase job search technical skills 3. Number of participants that 8 8 8 8 increase job specific skills City of Renton Performance Measures: Planned Service Units New city Totat city Total Service Funded Service Funded Units to Date 1st 2nd 3rd 4th Units Service Units (ALL Funding This Quarter - To Date Sources) 1. Number of Unduplicated Renton 0 5 5 5 Clients 2. Number of participants that 0 4 4 3 increase job search technical skills 3. Number of participants that 0 4 4 3 increase job specific skills Exhibit B General Fund KENT 2007 Billing Voucher WASHINGTON and Service Report PARKS, RECREATION (page 2 of 2) COMMUNITY SERVICES Washington Women's Employment & Education — REACH Plus Ciiybf ea a`PerforrnanceV6aisure' si `' Planned'Ser`vt Yni ew�t �'"o f :`_� �raEarse,re Funded Service Funded Units to Date 1st Znd 3rd 4th` Units Service Units (ALL Funding This Quarter To Date Sources) 1. Number of Unduplicated SeaTac 0 1 1 2 Clients 2. Number of participants that 0 0 0 3 Increase job search technical skills 3. Number of participants that 0 0 0 3 Increase job specific skills Please provide a narrative explanation in the event that the agency did not meet the quarterly performance measure Authorized Signature Date FOR DEPARTMENT USE ONLY AUTHORIZED FOR PAYMENT BY: DATE: � CD0 0C4C q . W W O � � ¢ O C/) g '� \ § k 2 Z 0 ¥ 9 3 u j 2 A a E < _ k \ / m / = w J k o _LL D ( 0 / 0 \ 0 (D (D E o [ 2 § � U- U) / @ E / 3 . 2 c $ .0 § 5 k j % k a) (> CL 0 k \ © a ® �} �\ E ] \ § d 3 2 / 2 } g $ 2 m 2 2 E cn � ° / \ \ 0 D d ƒ 7 m m O N N As 0 IL W M T- �M W d O � � N Q D f6 � > 4' O l0 a O N to Y E ¢ ro a o E s E r Q m r L (6 O LL N. . N .0 N +. C O O C a O ^fA` Q) Y I.L O L n ^` X E E o U U c Z O rn 6 a p a t o L O `N x v t w- L O W o �o �N m E a z N Z 'C C o � c z c = O o W w G O N Q� C co � o z E �_ ca N CL E N rn (10 @ 0 0 Q to w co co ~ p O 0 N N a LU M "' LU -� r O H02:, F— as w m LL O ,n IL- Q U) Z O ui ID t LU � co Y a E _a ca d c0 U rn O m L �+ f0 V O N LL p N C O O O O- O m O Q X N O O C o Z O U " m m O (D = o O �w,, c XW L uj E v CD 'O Z _C O N `-' o V O ~° W W N L .� O U O c Z° jr � a O c.. O (a E aD CD p U a) Z aEi aEi -W .2 N E uoi a° c�i d a� � O 0 0 w x co Q in cn F... a o O N N _ o CL W M r N �M W 4! = d U cv 0 DV Oco ...� N a z LL L Q� CL y N N Z o V w N U W Y O m CL o E c E iL w m d Q M o a LL N C O O C CL o a� c o x (D E o L Z c U o v N a o i C a x W zo w Z o C U ~ > c C p N a ro < � o — O z o M N (N L Q) V 7 W= W a s] d U i6 6 N Q� C ao z E E p V N 4+ (n Q a U N '.G .'� co Ca 40 Agency- KENT• Ixhibit D Program W 6T PARKS,, RECREATION S 2007 Demographic Report Date: REC COMMUNITY SERVICES Unduplicated Number of Clients Served' -Agency/Program Unduplicated New Individuals this Year Client Residence"* ,:W Algona Auburn Black Diamond Bunen Covington Des Moines Enumclaw Federal Way Kent Maple Valle Milton Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King Count Unknown TOTAL Household Income Level 30% of Median or Below 50% of Median or Below 80% of Median or Below Above 80%of Median Unknown TOTAL Gender Male Female Age TOTAL 0-4 years 5- 12 years 13- 17 years 18-34 years 35-54 years 55-74 years 75+ ears Unknown Ethnicity TOTAL Asian/Pacific Islander Black/African American Hispanic/Latino(a) Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Female Headed Household Disabling Condition Limited English Speaking Unduplicated means count each client only once per calendar year "List of all clients served in client residence category and Kent clients only in rest of the categories. Agency. KETIT Exhibit D Program WA RECREATION S, PARKS, RECRE 2008 Demographic Report Date; COMMUNITY SERVICES Unduplicated Number of Clients Served* Agency/Program Undu licated New Individuals this Year Client Residence" Algona Auburn Black Diamond Burien Covington Des Moines Enumclaw Federal Way Kent Maple Valle Milton Normandy Park Pacific Renton SeaTac Seattle Tukwila Unincorporated King Count Unknown TOTAL Household Income Level 30% of Median or Below 50% of Median or Below 80% of Median or Below Above 80% of Median Unknown TOTAL Gender ,, Male Female TOTAL Age 0-4 years 5- 12 years 13- 17 years 18-34 years 35-54 years 55-74 years 75+years Unknown TOTAL Ethnicity Asian/Pacific Islander Black/African American Hispanic/Latino(a) Native American/Alaskan Native White/Caucasian Other Unknown TOTAL Female Headed Household Disabling Condition Limited English Speaking *Unduplicated means count each client only once per calendar year "List of all clients served in client residence category and Kent clients only in rest of the categories. ATTACHMENT E INSURANCE REQUIREMENTS FOR CONSULTANT AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. S. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT E (Continued ) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A.VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ENr w. Exhibit F PARKS RECREATION 3 COMMUNITY SERVICES City of Kent Certification Regarding Debarment and Suspension Agency / /_ o ( � ame of Programs) Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals, a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency, b) Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property, c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification, and d) Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local)terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification (A) 1 By signing and submitting this proposal, the prospective primary participant is providing the certification set out below 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default 4 The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered 1 of 3 transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7 The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines this eligibility of its principals Each participant may, but is not required to, check the Non-procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10 Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction 11. knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification (B) 1 By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 2of3 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- sion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the Nonprocurement List 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment Primary Contractor/Sub-Contractor(Print) Title Date SignaMofmaryContractor ub-Contractor Title Date (3, Adopted from HUD Form-2992 09/04 3of3 AcoRv CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MMIOD/YYYY) WASHING 02/09/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Raa.nier Pacific Insurance - UP ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7105 27th St W HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR n 0. Sox 64365 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lversity Place WA 98464-0365 =none: 253-926-4106 Fax:253-565-0566 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURER Philadelphia Insurance CO, Washington Women's Employment INSURER 6 Education Attn: Robin Lester NsuRERc 3516 South 47th St Ste 205 wsURERD Tacoma WA 98409 ,INSURER E COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSITPOLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MMIDD/YYI DATE MMIDDNY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY PHPK199946 12/31/06 12/31/07 PREMISES(Eeoccurence) $100,000 CLAIMS MADE 1XI OCCUR MED EXP(Any one person) s5,000 X Professional Llab PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- JECT 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea amdent) ALL OWNED AUTOS i BODILY INJURY $ SCHEDULED AUTOS (Per person) i HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acadent) ( PROPERTY DAMAGE $ ( n) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT It ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC A - WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Cert:Lficate Holder a-s named as an Additional Insured as respects to operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION CITYOFK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Housing S Human Services NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Dinah Wilson 220 4th Avenue South IMPOSE NO OBLIGATION OR LIABWTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032 REPRESENTATIVES AUTH ED�ATI ACORD 25(2001108) ®ACORD CORPORATION 1988 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001108) PI-NP-003 (9/03) I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the Indicated loss exposures are provided under this policy If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy Throughout this endorsement the words "you" and "your"refer to the Named Insured shown In the Declarations The words "we", "us" and 'bur"refer to the Company providing this insurance This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement For complete details on specific coverages, consult the policy contract wording A Medical Payments-Limit increased to $15,000, B Supplementary Payments-Bail bonds increased to$2,500/Loss of earnings increased to$500 each day, C Tenant's Legal Liability-for Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers- Limit increased to$300,000, D Broadened Definition of Who is An Insured, E. Amended Duties In The Event Of Occurrence, Claim Or Suit, F Broadened definition of Advertising Injury-includes Televised Or Videotaped Publication, G Amended definition of Bodily Injury to include Mental Anguish, H Broadened definition of Personal Injury-includes Abuse of Process/discrimination, I Amended Unintentional Failure To Disclose Hazards, J Amended Liberalization Clause K Added Employee Indemnification Defense Coverage— We will pay up to $25,000 in defense costs for an "employee"in a criminal proceeding (subject to established criteria) , L "Property Damage"-Removed exclusion for°Property damage"resulting from the use of reasonable force to protect persons or property, M Added blanket Additional Insured-Funding Source, S�� N Added blanket Additional Insured-Managers or Lessors of Premises, 0 Non-owned Watercraft -coverage length is increased to 58 ft, Page t of 5 Includes copyright material of the Insurance Services Offlce,Inc used with Its permission. PI-NP-003 (9/03) A. Medical Payments If Medical Payments Coverage (Coverage C)is not otherwise excluded from this Coverage Part. 1 The Medical Expense Limit is changed subject to all the terms of Limits Of Insurance (Section III) to the greater of. a $15,000, or b The Medical Expense Limit shown in the Declarations of this Coverage Part 2 The requirement in the Insuring Agreement of Coverage C , that expenses must be incurred and reported to us within "one year" of the accident date is changed to "three years" 3 Exclusion a of Coverage C at your option, does not apply to your volunteer workers or any person or organization under your direct supervision and control B. Supplementary Payments In the Supplementary Payments- Coverages A and B provision 1 The limit for the cost of bail bonds is changed from $250 to$2,500, and 2. The limit for loss of earnings is changed from$250 a day to $500 a day. C. Fire, Lightning, Explosion, Smoke and Leaks from Sprinklers If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,the word " fire" is changed to 'fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in 1. The Limits Of Insurance section of the Declarations as the Fire Damage Limit That limit a Is changed subject to all the terms of Limit Of Insurance (Section III)to the greater of (1 ) $300,000, or (2) The amount shown in the declarations as the Fire Damage Limit b Subject to a above is the most we will pay to all damage proximately caused by the same event,whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. 2. The last paragraph of Coverage A (Section 1) after the Exclusions; 3 Paragraph 6 of Limits of Insurance (Section 111); 4 Paragraph b (1)(b) of the Other Insurance Condition (Section IV); and 5 Paragraph a of the definition of"insured contract" D. Who is An Insured Who is An Insured (Section 11) is changed as follows. 1 If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part paragraph 4 a is changed to read a Coverage under this provision is afforded until the end of the policy period. 2 Each of the following is also an insured a. At the first Named Insured's option, your volunteer workers, and b Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient c At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled However,the insurance afforded by b above is excess over any other insurance covering any person or organization under your direct control or supervision. d If you are an organization other than a partnership or joint venture,your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors e Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part However the insurance afforded by a above, for any organization and subsidiary thereof not named in the Declarations as a Named Insured, does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy, or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance Page 2 of 5 Includes copyright material of the Insurance Services Office,Inc used with Its permission PI-NP-003 (9/03) E. Duties In The Event Of Occurrence, Claim Or Suit 1 The requirement in condition 2 a (Conditions, Section IV)that you must see to it that we are notified as soon as practicable of an "occurrence"or an offense, applies only when the "occurrence"or offense is known to (a) You, if you are an individual, (b) A partner, if you are a partnership; or (c) An executive officer or insurance manager, if you are a corporation 2 The requirement in condition 2 b that you must see to it that we receive notice of a claim or"suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit" is known to (a) You, if you are an individual, (b) A partner, if you are a partnership- or (c) An executive officer or insurance manager, if you are a corporation F. Advertising Injury-Televised Or Videotaped Publication 1 The definition of"Personal and advertising injury"Items 14. (d),(e),(f) and (g) is changed to read. "Personal and Advertising injury" means injury arising out of one or more of the following offenses d. Oral, written, televised or videotaped publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, e Oral, written,televised or videotaped publication of material that violates a person's right of privacy, f Missappropriatlon of advertising Ideas or style of doing business, or g Infringement of copyright,title or slogan 2 Exclusions a (2) and a(3)of Coverage B , Personal And Advertising Injury Liability, are changed to read a (2) Arising out of oral,written, televised or videotaped publication of material, if done by or at the direction of the Insured with knowledge of its falsity, a (3) Arising out of oral, written,televised or videotaped publication of material whose first publication took place before the beginning of the policy period G. Bodily Injury-Mental Anguish The definition of"bodily injury"is changed to read- "Bodily Injury" a Means bodily Injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these, and b. Except for mental anguish, Includes death resulting from the foregoing(item a above) at any time H. Personal Injury-Abuse Of Process/DISCnMination If Personal and Advertising Injury Liability Coverage (Coverage B) is not otherwise excluded from this Coverage Part 1 The definition of"Personal and advertising injury"is changed by a Revising item b of that definition to read Malicious prosecution or abuse of process• b Adding the following "Personal Injury"also means discrimination based on race, color, religion, sex, age or national origin, except when (1) Done intentionally by or at the direction of, or with the knowledge or consent of. (a) Any insured, or (b) Any executive officer, director, stockholder, partner or member of the insured, or (2) Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured or Page 3 of 5 Includes copyright material of the Insurance Services Office, Inc used with its permission PI-NP-003 (9/03) ( (3) Directly or Indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured, or (4) Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling The Insurance afforded by H 1 b above does not apply to fines or penalties Imposed because of discrimination I. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure J. Liberalization If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state K. Employee Indemnification Defense Coverage Under SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added 3. We will pay on your behalf defense costs Incurred by an "employee"in a criminal proceeding. However, you must have a prior written agreement with such "employee" whereby you agree to Indemnify the "employee" for such defense costs and the agreement Includes a provision for repayment of defense costs in the event of an adverse judgement The most we will pay for any"employee"who is alleged to be directly Involved in a criminal proceeding is$25,000 regardless of the number of employees, claims or"suits" brought or persons l or organizations making claims or bringing "suits " L. Extended "Property Damage" SECTION I—COVERAGES, COVERAGE A, 2. Exclusions a.is deleted and replaced by the following a Expected or Intended Injury "Bodily Injury" or"Property Damage"expected or intended from the standpoint of the Insured This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property M. Additional Insured-Funding Source 4"� �''/`—► "�"" Under SECTION II -WHO IS AN INSURED the following is addded 5.Any person or organization with respect to their liability arising out of: a. Their financial control of you, or b. Premises they own, maintain or control while you lease or occupy these premises This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization N. Additional Insured-Managers or Lessors of Premises Under SECTION II -WHO IS AN INSURED the following is added- 6 Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions This insurance does not apply to a Any"occurrence"which takes place after you cease to be a tenant in that premises. b Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization O. Non-owned Watercraft SECTION I — COVERAGES,2.Exclusions, paragraph g. (2) is amended to read as follows. (2) A watercraft you do not own that is. Page 4 of 5 Includes copyright material of the Insurance Services Office,Inc used with ds permission PI-NP-003 (9/03) r-- (a) Less than 58 feet long, and (b) Not being used to carry persons or property for a charge, This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft This Insurance is excess over any other valid and collectible Insurance available to the insured whether primary, excess or contingent r, Page 5 of 5 Includes copyright material of the Insurance services office,Inc used with its permission COMMERCIAL GENERAL LIABILITY ( CG 00 01 12 04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if duties and what is and is not covered (1) The "bodily injury" or "property damage" is Throughout this policy the words "you" and "your" caused by an "occurrence"that takes place refer to the Named Insured shown in the Declara- in the "coverage territory", tions, and any other person or organization qualifying (2) The "bodily injury" or "property damage" as a Named Insured under this policy The words occurs during the policy period, and "we", "us" and "our" refer to the company providing this insurance (3) Prior to the policy period, no insured listed person or organization under Paragraph 1. of Section 11 — Who Is The word "insured" means any p g An Insured and no employee" authorized qualifying as such under Section II — Who Is An In- by you to give or receive notice of an "oc- sured currence" or claim, knew that the "bodily in- Other words and phrases that appear in quotation jury" or "property damage" had occurred, in marks have special meaning Refer to Section V — whole or in part If such a listed insured or Definitions authorized "employee" knew, prior to the SECTION I—COVERAGES policy period, that the "bodily injury" or C "property damage" occurred, then any OVERAGE A BODILY INJURY AND PROPERTY tinuation, change or resumption of such DAMAGE LIABILITY "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. We will pay those sums that the insured be- have been known prior to the policy period comes legally obligated to pay as damages c. "Bodily injury" or "property damage" which f because of"bodily injury" or"property damage" occurs during the policy period and was not, to which this insurance applies We will have prior to the policy period, known to have oc- the right and duty to defend the insured against curred by any insured listed under Paragraph any "suit" seeking those damages However, 1. of Section II — Who Is An Insured or any we will have no duty to defend the insured "employee" authorized by you to give or re- against any "suit" seeking damages for "bodily ceive notice of an "occurrence" or claim, in- injury" or "property damage" to which this in- cludes any continuation, change or resumption surance does not apply We may, at our discre- of that "bodily injury" or "property damage" af- tion, investigate any "occurrence" and settle ter the end of the policy period any claim or"suit"that may result But d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance, and der Paragraph 1. of Section II — Who Is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insu- give or receive notice of an "occurrence" or ance in the payment of judgments or set- claim tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury" cal expenses under Coverage C. or "property damage" to us or any other in- No other obligation or liability to pay sums or surer, perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for under Supplementary Pay- claim for damages because of the "bodily ments— Coverages A and B. injury"or"property damage", or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur CG 00 01 12 04 ® ISO Properties, Inc , 2003 Page 1 of 15 ❑ f e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "Bodily injury" or "property damage" for which tion for care, loss of services or death resulting any insured may be held liable by reason of at any time from the "bodily injury" 2. Exclusions (1) Causing or contributing to the intoxication of any person, This insurance does not apply to (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury" or "property damage" expected der the influence of alcohol, or or intended from the standpoint of the insured (3) Any statute, ordinance or regulation relating This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resultmg from the use of reasonable force to holic beverages protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement This exclusion does not compensation, disability benefits or unem- apply to liability for damages ployment compensation law or any similar law. (1) That the insured would have in the absence e. Employers Liability of the contract or agreement, or (2) Assumed in a contract or agreement that is "Bodily injury"to an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of quent to the execution of the contract or (a) Employment by the insured, or agreement Solely for the purposes of liabil- (b) Performing duties related to the conduct ity assumed in an "insured contract", rea- of the insured's business, or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages because of "bodily injury" or Paragraph (1) above "property damage", provided This exclusion applies (a) Liability to such party for, or for the cost (1) Whether the insured may be liable as an of, that party's defense has also been employer or in an assumed in the same "insured contract", y other capacity,tY, and and (2) To any obligation to share damages with or repay someone else who must pay dam- (b) Such attorney fees and litigation ex- ages because of the injury penses are for defense of that party This exclusion does not apply to liability as- resolution proceeding in which damages against a or alternative dispute sumed by the insured under an 'insured con- to which this insurance applies are al- tract" leged Page 2 of 15 0 ISO Properties, Inc , 2003 CG 00 01 12 04 0 �~ f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, dispersal, seepage, migration, re- directly on any insureds behalf are per- lease or escape of"pollutants" forming operations if the "pollutants are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor However, this subparagraph insured However, this subparagraph does not apply to- does not apply to (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, lu- building and caused by smoke, bricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests, other operating fluids escape from a (ii) "Bodily injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lu- performed for that additional insured bricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured, or or subcontractor, (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire", caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con- treatment of waste, tractor or subcontractor, or (c) Which are or were at any time trans- (iii) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a "hostile fire" for. (e) At or from any premises, site or location (i) Any insured, or on which any insured or any contractors or subcontractors working directly or in- (ii) Any person or organization for whom directly on any insured's behalf are per- you may be legally responsible, or forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants" CG 00 01 12 04 0 ISO Properties, Inc.,2003 Page 3 of 15 13 t (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any out of. (a) Request, demand, order or statutory or (a) The operation of machinery or equip- regulatory requirement that any insured ment that is attached to, or part of, a or others test for, monitor, clean up, re- land vehicle that would qualify under the move, contain, treat, detoxify or neutral- definition of "mobile equipment" if it ize, or in any way respond to, or assess were not subject to a compulsory or fi- the effects of, "pollutants", or nancial responsibility law or other motor (b) Claim or "suit" by or on behalf of a gov- vehicle insurance law in the state where ernmental authority for damages be- it is licensed or principally garaged, or cause of testing for, monitoring, cleaning (b) the operation of any of the machinery or up, removing, containing, treating, de- equipment listed in Paragraph f.(2) or toxifying or neutralizing, or in any way f.(3) of the definition of "mobile equip- responding to, or assessing the effects ment" of, "pollutants" In. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of damage"that the insured would have in the absence of such request, demand, order or (1) The transportation of"mobile equipment"by statutory or regulatory requirement, or such an "auto"owned or operated by or rented or claim or "suit" by or on behalf of a govern- loaned to any insured, or mental authority (2) The use of "mobile equipment" in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or "property damage" arising out any prearranged racing, speed, demolition, or stunting activity. of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- I. War tercraft owned or operated by or rented or "Bodily injury" or "property damage", however ( loaned to any insured Use includes operation caused, arising, directly or indirectly, out of. and "loading or unloading" (1) War, including undeclared or civil war, This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, employ- actual or expected attack, by any govern- ment, training or monitoring of others by that ment, sovereign or other authority using insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved military personnel or other agents, or the ownership, maintenance, use or entrust- (3) Insurrection, rebellion, revolution, usurped ment to others of any aircraft, "auto" or water- power, or action taken by governmental au- craft that is owned or operated by or rented or thonty in hindering or defending against any loaned to any insured ofthese This exclusion does not apply to j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to own or rent, (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is any costs or expenses incurred by you, or (a) Less than 26 feet long, and any other person, organization or entity, for repair, replacement, enhancement, restora- (b) Not being used to carry persons or tion or maintenance of such property for property for a charge, any reason, including prevention of injury to (3) Parking an "auto" on, or on the ways next a person or damage to another's property, to, premises you own or rent, provided the (2) Premises you sell, give away or abandon, if "auto" is not owned by or rented or loaned the "property damage" arises out of any to you or the insured, part of those premises, (4) Liability assumed under any "insured con- (3) Property loaned to you, tract" for the ownership, maintenance or (4) Personal property in the care, custody or use of aircraft or watercraft, or control of the insured, Page 4 of 15 ©ISO Properties, Inc.,2003 CG 00 01 12 04 ❑ ( (5) That particular part of real property on in. Recall Of Products,Work Or Impaired which you or any contractors or subcontrac- Property tors working directly or indirectly on your Damages claimed for any loss, cost or ex- behalf are performing operations, if the pense incurred by you or others for the loss of "property damage" arises out of those op- use, withdrawal, recall, inspection, repair, re- erations, or placement, adjustment, removal or disposal of. (6) That particular part of any property that (1) "Your product", must be restored repaired or replaced be- cause "your work" was incorrectly per- (2) "Your work", or formed on it (3) "Impaired property", Paragraphs (1), (3) and (4) of this exclusion do if such product, work, or property is withdrawn not apply to "property damage" (other than or recalled from the market or from use by any damage by fire)to premises, including the con- person or organization because of a known or tents of such premises, rented to you for a pe- suspected defect, deficiency, inadequacy or riod of 7 or fewer consecutive days A separate dangerous condition in it limit of insurance applies to Damage To Prem- o. Personal And Advertising Injury ises Rented To You as described in Section III —Limits Of Insurance "Bodily injury" arising out of "personal and ad- Paragraph (2) of this exclusion does not apply vertising injury" if the premises are "your work" and were never p. Electronic Data occupied, rented or held for rental by you Damages arising out of the loss of, loss of use Paragraphs (3), (4), (5) and (6) of this exclu- of, damage to, corruption of, inability to access, sion do not apply to liability assumed under a or inability to manipulate electronic data sidetrack agreement As used in this exclusion, electronic data Paragraph (6) of this exclusion does not apply means information, facts or programs stored to "property damage"included in the"products- as or on, created or used on, or transmitted to completed operations hazard" or from computer software, including systems k. Damage To Your Product and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data process- "Property damage"to "your product"arising out ing devices or any other media which are used of it or any part of it with electronically controlled equipment I. Damage To Your Work Exclusions c. through n. do not apply to damage "Property damage"to "your work" arising out of by fire to premises while rented to you or tempo- it or any part of it and included in the "products- rarily occupied by you with permission of the completed operations hazard" owner A separate limit of insurance applies to this This exclusion does not apply if the damaged coverage as described in Section III — Limits Of Insurance work or the work out of which the damage arises was performed on your behalf by a sub- COVERAGE B PERSONAL AND ADVERTISfNG contractor INJURY LIABILITY m. Damage To Impaired Property Or Property 1. Insuring Agreement Not Physically Injured a. We will pay those sums that the insured be- "Property damage" to "impaired property" or comes legally obligated to pay as damages property that has not been physically injured, because of"personal and advertising injury" to arising out of which this insurance applies We will have the right and duty to defend the insured against (1) A defect, deficiency, inadequacy or danger- any "suit" seeking those damages However, ous condition in "your product" or "your we will have no duty to defend the insured work", or against any "suit" seeking damages for "per- (2) A delay or failure by you or anyone acting sonal and advertising injury" to which this an- on your behalf to perform a contract or surance does not apply We may, at our discre- agreement in accordance with its terms tion, investigate any offense and settle any This exclusion does not apply to the loss of use claim or"suit"that may result But of other property arising out of sudden and ac- (1) The amount we will pay for damages is cidental physical injury to "your product" or limited as described in Section III — Limits "your work" after it has been put to its intended Of Insurance, and use CG 00 01 12 04 c • ISO Properties, Inc., 2003 Faye 5 of 15 13 (2) Our right and duty to defend end when we g. Quality Or Performance Of Goods—Failure have used up the applicable limit of insur- To Conform To Statements ance in the payment of judgments or set- "Personal and advertising injury" arising out of tlements under Coverages A or B or medi- the failure of goods, products or services to cal expenses under Coverage C. conform with any statement of quality or per- No other obligation or liability to pay sums or formance made in your"advertisement". perform acts or services is covered unless ex- h. Wrong Description Of Prices plicitly provided for under Supplementary Pay- ments— Coverages A and B. "Personal and advertising injury" arising out of lies to "personal and adver- the wrong description of the pace of goods, b. This insurance applies p products or services stated in your advertise- tising injury" caused by an offense arising out ment". of your business but only if the offense was i. Infringement Of Copyright, Patent, committed in the coverage territory during the policy period, Trademark Or Trade Secret 2. Exclusions "Personal and advertising injury" arising out of This insurance does not apply to the infringement of copyright, patent, trade- mark, trade secret or other intellectual property a. Knowing Violation Of Rights Of Another rights "Personal and advertising injury" caused by or However, this exclusion does not apply to in- at the direction of the insured with the knowl- fringement, in your "advertisement", of copy- edge that the act would violate the rights of an- right, trade dress or slogan other and would inflict "personal and advertis- j. Insureds In Media And Internet Type mg injury" Businesses b. Material Published With Knowledge Of "personal and advertising injury" committed by Falsity an insured whose business is "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting, or at the direction of the insured with knowl- edge of its falsity (2) Designing or determining content of web- C. Material Published Prior To Policy Period sites for others, or "Personal and advertising injury" arising out of (3) An Internet search, access, content or oral or written publication of material whose service provider first publication took place before the beginning However, this exclusion does not apply to of the policy period Paragraphs 14.a., b, and c. of "personal and d. Criminal Acts advertising injury" under the Definitions Sec- tion Personal and advertising injury arising out of For the purposes of this exclusion, the placing a criminal act committed by or at the direction of frames, borders or links, or advertising, for of the insured you or others anywhere on the Internet, is not e. Contractual Liability by itself, considered the business of advertis- "Personal and advertising injury" for which the ing, broadcasting, publishing or telecasting insured has assumed liability in a contract or k. Electronic Chatrooms Or Bulletin Boards agreement This exclusion does not apply to li- "Personal and advertising injury" arising out of ability for damages that the insured would have an electronic chatroom or bulletin board the in- in the absence of the contract or agreement. sured hosts, owns, or over which the insured f. Breach Of Contract exercises control "Personal and advertising injury" arising out of I. Unauthorized Use Of Another's Name Or a breach of contract except an implied con- Product tract to use another's advertisingidea in your r "Personal and advertising injury arising out of "advertisement" the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers Page 6 of 15 © ISO Properties, Inc , 2003 CG 00 01 12 04 13 m. Pollution b. We will make these payments regardless of "Personal and advertising injury" arising out of fault These payments will not exceed the ap- the actual, alleged or threatened discharge, plicable limit of insurance We will pay reason- dispersal, seepage, migration, release or es- able expenses for cape of"pollutants"at any time (1) First aid administered at the time of an n. Pollution-Related accident, Any loss, cost or expense arising out of any. (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- (1) Request, demand, order or statutory or vices, and regulatory requirement that any insured or others test for, monitor, clean up, remove, (3) Necessary ambulance, hospital, profes- contain, treat, detoxify or neutralize, or in sional nursing and funeral services any way respond to, or assess the effects 2. Exclusions of, "pollutants", or We will not pay expenses for"bodily injury": (2) Claim or suit by or on behalf of a govern- a. Any Insured mental authority for damages because of testing for, monitoring, cleaning up, remov- To any insured, except"volunteer workers" mg, containing, treating, detoxifying or neu- b. Hired Person tralizing, or in any way responding to, or To a person hired to do work for or on behalf of assessing the effects of, "pollutants". any insured or a tenant of any insured o. War c. Injury On Normally Occupied Premises "Personal and advertising injury", however To a person injured on that part of premises caused, arising, directly or indirectly, out of. you own or rent that the person normally occu- (1) War, including undeclared or civil war, pies (2) Warlike action by a military force, including d. Workers Compensation And Similar Laws action in hindering or defending against an To a person, whether or not an "employee" of + actual or expected attack, by any govern- any insured, if benefits for the "bodily injury" ment, sovereign or other authority using are payable or must be provided under a military personnel or other agents, or workers' compensation or disability benefits (3) Insurrection, rebellion, revolution, usurped law or a similar law power, or action taken by governmental au- thority in hindering or defending against any of these To a person injured while practicing, instructing COVERAGE C MEDICAL PAYMENTS or participating in any physical exercises or games, sports, or athletic contests 1. Insuring Agreement f. Products-Completed Operations Hazard a. We will pay medical expenses as described Included within the "products-completed below for"bodily injury" caused by an accident opera- tions hazard" (1) On premises you own or rent, g, Coverage A Exclusions (2) On ways next to premises you own or rent; Excluded under Coverage A. or (3) Because of your operations; SUPPLEMENTARY PAYMENTS— COVERAGES A AND B provided that 1. We will pay, with respect to any claim we investi- (1) The accident takes place in the "coverage gate or settle, or any "suit" against an insured we territory"and during the policy period, defend (2) The expenses are incurred and reported to a. All expenses we incur us within one year of the date of the acci- dent, b. Up to $250 for cost of bail bonds required and because of accidents or traffic law violations (3) The injured person submits to examination, arising out of the use of any vehicle to which at our expense, by physicians of our choice the Bodily Injury Liability Coverage applies We as often as we reasonably require do not have to furnish these bonds CG 00 01 12 04 ©ISO Properties, Inc.,2003 Page 7 of 15 Cl c. The cost of bonds to release attachments, but (b) Immediately send us copies of any only for bond amounts within the applicable demands, notices, summonses or legal limit of insurance We do not have to furnish papers received in connection with the these bonds "suit", d. All reasonable expenses incurred by the in- (c) Notify any other insurer whose coverage sured at our request to assist us in the investi- is available to the indemnitee, and gation or defense of the claim or "suit", includ- (d) Cooperate with us with respect to coor- ing actual loss of earnings up to $250 a day dinating other applicable insurance because of time off from work available to the indemnitee, and e. All costs taxed against the insured in the "suit" (2) Provides us with written authorization to f. Prejudgment interest awarded against the (a) Obtain records and other information insured on that part of the judgment we pay If related to the "suit", and we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- (b) Conduct and control the defense of the terest based on that period of time after the of- indemnitee in such "suit" fer So long as the above conditions are met, attor- g. All interest on the full amount of any judgment neys' fees incurred by us in the defense of that in- that accrues after entry of the judgment and demnitee, necessary litigation expenses incurred before we have paid, offered to pay, or depos- by us and necessary litigation expenses incurred ited in court the part of the judgment that is by the indemnitee at our request will be paid as within the applicable limit of insurance. Supplementary Payments Notwithstanding the These payments will not reduce the limits of insur- provisions of Paragraph 2.b.(2) of Section I —Cov- erage A — Bodily Injury And Property Damage Li- ance ability, such payments will not be deemed to be 2. If we defend an insured against a "suit" and an damages for"bodily injury" and "property damage" indemnitee of the insured is also named as a party and will not reduce the limits of insurance to the "suit", we will defend that indemnitee if all of Our obligation to defend an msured's indemnitee the following conditions are met and to pay for attorneys' fees and necessary litiga- a. The "suit" against the indemnitee seeks dam- tion expenses as Supplementary Payments ends ages for which the insured has assumed the li- when ability of the indemnitee in a contract or agree- a. We have used up the applicable limit of insur- ment that is an "insured contract", ance in the payment of judgments or settle- b. This insurance applies to such liability as- ments, or sumed by the insured, b. The conditions set forth above, or the terms of c. The obligation to defend, or the cost of the the agreement described in Paragraph f. defense of, that indemnitee, has also been as- above, are no longer met sumed by the insured in the same "insured SECTION II—WHO IS AN INSURED contract", d. The allegations in the "suit"and the information 1. If you are designated in the Declarations as. we know about the "occurrence" are such that a. An individual, you and your spouse are insur- no conflict appears to exist between the inter- eds, but only with respect to the conduct of a ests of the insured and the interests of the in- business of which you are the sole owner demmtee, b. A partnership or joint venture, you are an in- e. The indemnitee and the insured ask us to sured Your members, your partners, and their conduct and control the defense of that indem- spouses are also insureds, but only with re- nitee against such "suit" and agree that we can spect to the conduct of your business assign the same counsel to defend the insured c. A limited liability company, you are an insured and the indemnitee, and Your members are also insureds, but only with f. The indemnitee respect to the conduct of your business Your managers are insureds, but only with respect (1) Agrees in writing to. to their duties as your managers (a) Cooperate with us in the investigation, settlement or defense of the "suit", Page 8 of 15 0 ISO Properties, Inc ,2003 CG 00 01 12 04 ❑ d. An organization other than a partnership, joint (b) Rented to, in the care, custody or con- venture or limited liability company, you are an trol of, or over which physical control is insured Your "executive officers" and directors being exercised for any purpose by are insureds, but only with respect to their du- you, any of your "employees", "volunteer ties as your officers or directors Your stock- workers", any partner or member(if you are holders are also insureds, but only with respect a partnership or joint venture), or any mem- to their liability as stockholders ber(if you are a limited liability company) e. A trust, you are an insured Your trustees are b. Any person (other than your "employee" or also insureds, but only with respect to their du- "volunteer worker"), or any organization while ties as trustees acting as your real estate manager 2. Each of the following is also an insured. c. Any person or organization having proper a. Your "volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property, and other than a partnership,joint venture or limited liability company) or your managers (if you are (2) Until your legal representative has been a limited liability company), but only for acts appointed within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such That represen- of your business However, none of these "em- tative will have all your rights and duties under ployees" or "volunteer workers" are insureds this Coverage Part for 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury" company and over which you maintain ownership (a) To you, to your partners or members (if or majority interest, will qualify as a Named In- you are a partnership or joint venture), sured if there is no other similar insurance avail- to your members (if you are a limited li- able to that organization However ability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her em- until the 90th day after you acquire or form the ployment or performing duties related to organization or the end of the policy period, the conduct of your business, or to your whichever is earlier; other "volunteer workers"while perform- b. Coverage A does not apply to "bodily injury" or mg duties related to the conduct of your "property damage" that occurred before you business, acquired or formed the organization, and (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volun- c. Coverage B does not apply to 'personal and advertiteer worker" as a consequence of Para- committed before arising out of an offense graph (1)(a) above, committed before you acquired or formed the organization (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership,joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraphs (1)(a)or (b) above, or as a Named Insured in the Declarations (d) Arising out of his or her providing or SECTION III — LIMITS OF INSURANCE failing to provide professional health 1. The Limits of Insurance shown in the Declarations care services and the rules below fix the most we will pay re- (2) "Property damage"to property: gardless of the number of (a) Owned, occupied or used by, a. Insureds, b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing "suits" CG 00 01 12 04 © ISO Properties, Inc , 2003 Page 9 of 15 ❑ 2. The General Aggregate Limit is the most we will 2. Duties In The Event Of Occurrence, Offense, pay for the sum of Claim Or Suit a. Medical expenses under Coverage C; a. You must see to it that we are notified as soon b. Damages under Coverage A, except damages as practicable of an "occurrence" or an offense because of"bodily injury" or"property damage" which may result in a claim To the extent pos- included in the "products-completed operations sible, notice should include, hazard", and (1) How, when and where the "occurrence" or c. Damages under Coverage B. offense took place, 3. The Products-Completed Operations Aggregate (2) The names and addresses of any injured Limit is the most we will pay under Coverage A for persons and witnesses, and damages because of "bodily injury" and "property (3) The nature and location of any injury or damage" included in the "products-completed op- damage arising out of the "occurrence" or erations hazard" offense 4. Subject to 2. above, the Personal and Advertising b. If a claim is made or "suit" is brought against Injury Limit is the most we will pay under Cover- any insured, you must' age B for the sum of all damages because of all (1) Immediately record the specifics of the "personal and advertising injury" sustained by any claim or"suit"and the date received; and one person or organization 5. Subject to 2. or 3. above, whichever applies, the (2) Notify us as soon as practicable. Each Occurrence Limit is the most we will pay for You must see to it that we receive written no- the sum of tice of the claim or "suit" as soon as practica- a. Damages under Coverage A; and ble b. Medical expenses under Coverage C c. You and any other involved insured must. because of all "bodily injury" and "property dam- (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- age" arising out of any one "occurrence" pers received in connection with the claim 6. Subject to 5. above, the Damage To Premises or"suit", Rented To You Limit is the most we will pay under (2) Authorize us to obtain records and other Coverage A for damages because of "property information, damage" to any one premises, while rented to you, or in the case of damage by fire, while rented (3) Cooperate with us in the investigation or to you or temporarily occupied by you with permis- settlement of the claim or defense against sion of the owner the "suit", and 7. Subject to 5. above, the Medical Expense Limit is (4) Assist us, upon our request, in the en- the most we will pay under Coverage C for all forcement of any right against any person medical expenses because of "bodily injury" sus- or organization which may be liable to the tained by any one person insured because of injury or damage to The Limits of Insurance of this Coverage Part apply which this insurance may also apply separately to each consecutive annual period and to d. No insured will, except at that insured's own any remaining period of less than 12 months, starting cost, voluntarily make a payment, assume any with the beginning of the policy period shown in the obligation, or incur any expense, other than for Declarations, unless the policy period is extended first aid,without our consent after issuance for an additional period of less than 12 3. Legal Action Against Us months In that case, the additional period will be No person or organization has a right under this deemed part of the last preceding period for purposes Coverage Part. of determining the Limits of Insurance SECTION IV—COMMERCIAL GENERAL LIABILITY a. To join us as a party or otherwise bring us into CONDITIONS a "suit"asking for damages from an insured, or 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part Page 10 of 15 0 ISO Properties, Inc ,2003 CG 00 01 12 04 13 b. To sue us on this Coverage Part unless all of When this insurance is excess, we will have no its terms have been fully complied with. duty under Coverages A or B to defend the m- A person or organization may sue us to recover on sured against any "suit" if any other insurer has an agreed settlement or on a final judgment a duty to defend the insured against that suit' against an insured, but we will not be liable for If no other insurer defends, we will undertake damages that are not payable under the terms of to do so, but we will be entitled to the insured's this Coverage Part or that are in excess of the ap- rights against all those other insurers plicable limit of insurance An agreed settlement When this insurance is excess over other in- means a settlement and release of liability signed surance, we will pay only our share of the by us, the insured and the claimant or the claim- amount of the loss, if any, that exceeds the ant's legal representative sum of 4. Other Insurance (1) The total amount that all such other insur- If other valid and collectible insurance is available ance would pay for the loss in the absence to the insured for a loss we cover under Cover- of this insurance, and ages A or B of this Coverage Part, our obligations (2) The total of all deductible and self-insured are limited as follows amounts under all that other insurance a. Primary Insurance We will share the remaining loss, if any, with This insurance is primary except when b. be- any other insurance that is not described in this low applies If this insurance is primary, our ob- Excess Insurance provision and was not ligations are not affected unless any of the bought specifically to apply in excess of the other insurance is also primary Then, we will Limits of Insurance shown in the Declarations share with all that other insurance by the of this Coverage Part method described in c. below. c. Method Of Sharing b. Excess Insurance If all of the other insurance permits contribution This insurance is excess over- by equal shares, we will follow this method also Under this approach each insurer con- (1) Any of the other insurance, whether pri- tributes equal amounts until it has paid its ap- mary, excess, contingent or on any other plicable limit of insurance or none of the loss basis remains,whichever comes first (a) That is Fire, Extended Coverage, If any of the other insurance does not permit Builder's Risk, Installation Risk or similar contribution by equal shares, we will contribute coverage for"your work", by limits Under this method, each insurer's (b) That is Fire insurance for premises share is based on the ratio of its applicable rented to you or temporarily occupied by limit of insurance to the total applicable limits of you with permission of the owner, insurance of all insurers (c) That is insurance purchased by you to 5. Premium Audit cover your liability as a tenant for "prop- a. We will compute all premiums for this Cover- erty damage" to premises rented to you age Part in accordance with our rules and or temporarily occupied by you with rates permission of the owner, or b. Premium shown in this Coverage Part as ad- (d) If the loss arises out of the maintenance vance premium is a deposit premium only At or use of aircraft, "autos" or watercraft to the close of each audit period we will compute the extent not subject to Exclusion g. of the earned premium for that period and send Section I — Coverage A — Bodily Injury notice to the first Named Insured The due date And Property Damage Liability for audit and retrospective premiums is the (2) Any other primary insurance available to date shown as the due date on the bill If the you covering liability for damages arising sum of the advance and audit premiums paid out of the premises or operations, or the for the policy period is greater than the earned products and completed operations, for premium, we will return the excess to the first which you have been added as an addi- Named Insured tional insured by attachment of an en- c. The first Named Insured must keep records of dorsement the information we need for premium computa- tion, and send us copies at such times as we may request CG 00 01 12 04 0 ISO Properties, Inc ,2003 Page 11 of 15 13 1 6. Representations b. Any other land vehicle that is subject to a com- By accepting this policy,you agree' pulsory or financial responsibility law or other motor vehicle insurance law in the state where a. The statements in the Declarations are accu- it is licensed or principally garaged rate and complete, However, "auto" does not include "mobile equip- b. Those statements are based upon representa- ment" tions you made to us, and 3. "Bodily injury" means bodily injury, sickness or c. We have issued this policy in reliance upon disease sustained by a person, including death your representations resulting from any of these at any time 7. Separation Of Insureds 4. "Coverage territory" means Except with respect to the Limits of Insurance, and a. The United States of America (including its any rights or duties specifically assigned in this territories and possessions), Puerto Rico and Coverage Part to the first Named Insured, this in- Canada, surance applies b. International waters or airspace, but only if the a. As if each Named Insured were the only injury or damage occurs in the course of travel Named Insured, and or transportation between any places included b. Separately to each insured against whom claim in a. above, or is made or"suit" is brought c. All other parts of the world if the injury or dam- 8. Transfer Of Rights Of Recovery Against Others age arises out of To Us (1) Goods or products made or sold by you in If the insured has rights to recover all or part of the territory described in a. above; any payment we have made under this Coverage (2) The activities of a person whose home is in Part, those rights are transferred to us The in- the territory described in a. above, but is sured must do nothing after loss to impair them At away for a short time on your business, or our request, the insured will bring "suit" or transfer those rights to us and help us enforce them (3) "Personal and advertising injury" offenses that take place through the Internet or simi- 9. When We Do Not Renew lar electronic means of communication If we decide not to renew this Coverage Part, we provided the insured's responsibility to pay dam- will mail or deliver to the first Named Insured ages is determined in a "suit" on the merits, in the shown in the Declarations written notice of the territory described in a. above or in a settlement nonrenewal not less than 30 days before the expi- we agree to ration date 5. "Employee" includes a "leased worker" "Em- If notice is mailed, proof of mailing will be sufficient ployee"does not include a "temporary worker" proof of notice SECTION V—DEFINITIONS 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- 1. "Advertisement" means a notice that is broadcast stitution, by-laws or any other similar governing or published to the general public or specific mar- document ket segments about your goods, products or ser- 7, "Hostile fire" means one which becomes uncon- vices for the purpose of attracting customers or trollable or breaks out from where it was intended supporters For the purposes of this definition to be a. Notices that are published include material 8, "Impaired property" means tangible property, other placed on the Internet or on similar electronic than "your product" or "your work", that cannot be means of communication, and used or is less useful because b. Regarding web-sites, only that part of a web- a. It incorporates "your product" or "your work" site that is about your goods, products or ser- that is known or thought to be defective, defi- vices for the purposes of attracting customers cient, inadequate or dangerous, or or supporters is considered an advertisement b. You have failed to fulfill the terms of a contract 2. "Auto" means or agreement, a. A land motor vehicle, trailer or semitrailer if such property can be restored to use by- designed for travel on public roads, including any attached machinery or equipment, or a. The repair, replacement, adjustment or re- moval of"your product"or"your work", or Page 12 of 15 © ISO Properties, ]no , 2003 CG 00 01 12 04 13 b. Your fulfilling the terms of the contract or 10."Leased worker" means a person leased to you by agreement a labor leasing firm under an agreement between 9. "Insured contract" means: you and the labor leasing firm, to perform duties related to the conduct of your business 'Leased a. A contract for a lease of premises However, worker" does not include a "temporary worker" that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- 11."Loading or unloading" means the handling of tion for damage by fire to premises while property rented to you or temporarily occupied by you a. After it is moved from the place where it is with permission of the owner is not an "insured accepted for movement into or onto an aircraft, contract", watercraft or "auto", b. A sidetrack agreement, b. While it is in or on an aircraft, watercraft or c. Any easement or license agreement, except in "auto", or connection with construction or demolition op- c. While it is being moved from an aircraft, water- erations on or within 50 feet of a railroad, craft or "auto"to the place where it is finally de- d. An obligation, as required by ordinance, to livered, indemnify a municipality, except in connection but "loading or unloading" does not include the with work for a municipality, movement of property by means of a mechanical e. An elevator maintenance agreement; device, other than a hand truck, that is not at- tached to the aircraft, watercraft or auto f. That part of any other contract or agreement pertaining to your business (including an in- 12."Mobile equipment" means any of the following demnification of a municipality in connection types of land vehicles, including any attached ma- with work performed for a municipality) under chinery or equipment which you assume the tort liability of another a. Bulldozers, farm machinery, forklifts and other party to pay for"bodily injury" or"property dam- vehicles designed for use principally off public age" to a third person or organization Tort li- roads, ability means a liability that would be imposed b. Vehicles maintained for use solely on or next to j by law in the absence of any contract or premises you own or rent, agreement c. Vehicles that travel on crawler treads; Paragraph f. does not include that part of any contract or agreement d. Vehicles, whether self-propelled or not, main- (1) That indemnifies a railroad for "bodily in- tained primarily to provide mobility to perma- nentlyjury" or "property damage" arising out of mounted construction or demolition operations,within (1) Power cranes, shovels, loaders, diggers or 50 feet of any railroad property and affect- drills, or mg any railroad bridge or trestle, tracks, (2) Road construction or resurfacing equipment road-beds, tunnel, underpass or crossing, such as graders, scrapers or rollers, (2) That indemnifies an architect, engineer or e. Vehicles not described in a., b., c. or d. above surveyor for injury or damage arising out of that are not self-propelled and are maintained (a) Preparing, approving, or fading to pre- primarily to provide mobility to permanently at- pare or approve, maps, shop drawings, tached equipment of the following types opinions, reports, surveys, field orders, (1) Air compressors, pumps and generators, change orders or drawings and specifi- including spraying, welding, budding clean- cations, or ing, geophysical exploration, lighting and (b) Giving directions or instructions, or well servicing equipment, or failing to give them, if that is the primary (2) Cherry pickers and similar devices used to cause of the injury or damage, or raise or lower workers, (3) Under which the insured, if an architect, f. Vehicles not described in a., b., c. or d. above engineer or surveyor, assumes liability for maintained primarily for purposes other than an injury or damage arising out of the in- the transportation sured's rendering or failure to render pro- p n of persons cargo. fessional services, including those listed in However, self-propelled vehicles with the fol- (2) above and supervisory, inspection, ar- lowing types of permanently attached egwp- chitectural or engineering activities ment are not "mobile equipment" but will be considered "autos"- CG 00 01 12 04 0 ISO Properties, Inc.,2003 Page 13 of 15 O ( (1) Equipment designed primarily for. 16."Products-completed operations hazard (a) Snow removal, a. Includes all "bodily injury" and "property dam- (b) Road maintenance, but not construction age" occurring away from premises you own or or resurfacing, or rent and arising out of your product' or your (c) Street cleaning, work" except (1) Products that are still in your physical pos- (2) Cherry pickers and similar devices mounted session, or on automobile or truck chassis and used to raise or lower workers, and (2) Work that has not yet been completed or abandoned However, "your work" will be (3) Air compressors, pumps and generators, deemed completed at the earliest of the fol- including spraying, welding, building clean- lowing times ing, geophysical exploration, lighting and well servicing equipment (a) When all of the work called for in your contract has been completed However, "mobile equipment" does not include (b) When all of the work to be done at the any land vehicles that are subject to a compulsory job site has been completed if your con- or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed tract calls for work at more than one job or principally garaged Land vehicles subject to a site compulsory or financial responsibility law or other (c) When that part of the work done at a job motor vehicle insurance law are considered site has been put to its intended use by "autos" any person or organization other than 13."Occurrence" means an accident, including con- another contractor or subcontractor tinuous or repeated exposure to substantially the working on the same project same general harmful conditions Work that may need service, maintenance, 14."Personal and advertising injury" means injury, correction, repair or replacement, but which including consequential "bodily injury", arising out is otherwise complete, will be treated as of one or more of the following offenses completed a. False arrest, detention or imprisonment; b. Does not include "bodily injury" or "property b. Malicious prosecution, damage" arising out of C. The wrongful eviction from wrongful entry into, (1) The transportation of property, unless the g g ry injury or damage arises out of a condition in or invasion of the right of private occupancy of or on a vehicle not owned or operated by a room, dwelling or premises that a person oc- you, and that condition was created by the cupies, committed by or on behalf of its owner, "loading or unloading" of that vehicle by any landlord or lessor, insured, d. Oral or written publication, in any manner, of (2) The existence of tools, uninstalled equip- material that slanders or libels a person or or- ment or abandoned or unused materials, or gamzation or disparages a person's or organi- zation's goods, products or services, (3) Products or operations for which the classi- e. Oral or written publication, in any manner, of fication, listed in the Declarations or in a erson's right of ri- policy schedule, states that products- material that violates a p g p completed operations are subject to the vacy, General Aggregate Limit f. The use of another's advertising idea in your 17."Property damage" means. "advertisement", or g. Infringing upon another's copyright, trade dress a. Physical injury tangible property, including all resulting loss of use of that property All or slogan in your "advertisement" such loss of use shall be deemed to occur at 15."Pollutants" mean any solid, liquid, gaseous or the time of the physical injury that caused it, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis chemicals and waste Waste includes materials to be recycled, reconditioned or reclaimed Page 14 of 15 m ISO Properties, Inc , 2003 CG 00 01 12 04 O b. Loss of use of tangible property that is not 21."Your product'- physically injured All such loss of use shall be a. Means deemed to occur at the time of the "occur- rence"that caused it. (1) Any goods or products, other than real of this insurance, electronic data property, manufactured, sold, handled, dis- For the purposes tributed or disposed of by is not tangible property As used in this definition, electronic data means (a) You, information, facts or programs stored as or on, (b) Others trading under your name, or created or used on, or transmitted to or from com- (c) A person or organization whose busi- puter software, including systems and applications ness or assets you have acquired, and software, hard or floppy disks, CD-ROMS, tapes, (2) Containers (other than vehicles), materials, drives, cells, data processing devices or any other parts or equipment furnished in connection media which are used with electronically con- with such goods or products trolled equipment 18."Suit" means a civil proceeding in which damages b. Includes because of "bodily injury", "property damage" or (1) Warranties or representations made at any "personal and advertising injury" to which this in- time with respect to the fitness, quality, du- surance applies are alleged "Suit"includes rability, performance or use of "your prod- a. An arbitration proceeding in which such dam- uct", and ages are claimed and to which the insured (2) The providing of or failure to provide warn- must submit or does submit with our consent, ings or instructions or c. Does not include vending machines or other b. Any other alternative dispute resolution pro- property rented to or located for the use of oth- ceedmg in which such damages are claimed ers but not sold and to which the insured submits with our con- 22."Your work". sent a. Means: 19.7emporary worker" means a person who is fur- nished to you to substitute for a permanent em- ployee"on leave or to meet seasonal or short-term your behalf, and workload conditions (2) Materials, parts or equipment furnished in 20."Volunteer worker" means a person who is not connection with such work or operations your "employee", and who donates his or her work b. Includes and acts at the direction of and within the scope of (1) Warranties or representations made at any duties determined by you, and is not paid a fee, time with respect to the fitness, quality, du- salary or other compensation by you or anyone rability, performance or use of "your work", else for their work performed for you and (2) The providing of or failure to provide warn- ings or instructions CG 00 01 12 04 © ISO Properties, Inc ,2003 Page 15 of 15 13 Washington Women's Employment & Education BOARD ROSTER 2006 - 2007 Officers President: Victoria (Vicki) Thompson Russell Investment Group President Emeritus Carolyn Shain Community Volunteer Treasurer Betty K Hennion, CPA Brantley Janson Yost & Ellison Secretary Mary Anne Francis, LUTCF Brown & Brown Insurance Board of Directors Jayasri Guha Weyerhaeuser Diane Haelsig Community Volunteer Lois Kreitzer Community Volunteer Joe Lizee Russell Investment Group Bud Thompson Horizon Air Audrey Godwin, CPA The Godwin Group, PLLC t Charlene Grinolds KeyBank NA Sarah Taylor Community Volunteer FS-01/Board of Directors Board Roster 2006-2007 4/3/07