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AD16-239 - Original - Northwest Research Group, LLC - City of Kent Resident Survey - 06/10/2016
P r 'r�fl�t r ti l Mf 3jlJit6j KENT rl R(El� cords Ma ,mia ,6emo, a jyCsr9ilr� r..-� WIASHINGTON 1 � Document :r r r s CONTRACT COVER SHEET This its 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 City Clerk's Office. Vendor Name: Northwest Research Group, LLC Vendor Number: 1.269073 JD Edwards Number Contract Number: A j`, This is assigned by City Clerk's Office Project Name City of Kent resident survey Description: d Interlocal Agreement ❑ Change Order ❑ Amendment E Contract El Other: Contract Effective date: June 10, 2016 Termination bate: August 31, 2016 Contract Renewal Notice (days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Michelle Wilmot department: Administration Contract Amount: $45, 087.00 Approval Authority: ❑ department director ❑ Mayor E] City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Citywide resident survey for feedback regarding city services as detailed in Exhibit A. Cost will be shared equally between Administration/Communications and Council. Affects General Fund Budget: Account number 10001310.64190,1245 = $22,543.50 Account number 10001100�64190.1100 $22,543.50 As of: 08/27/1.4 • KENT w..s�, o.o CONSULTANT SERVICES AGREEMENT between the City of Kent and Northwest Research Group THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Research Group organized under the laws of the State of Washington, located and doing business at 1411 4t" Avenue, Suite 1500, Seattle, WA 98101, 206-489- 2361 (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: [Northwest Research Group (NWRG) will deliver a community-wide resident survey designed to solicit feedback about the community's attitudes regarding the quality and effectiveness of City services, as well as views on policy issues. All populations within our community will be statistically represented. Task 1—Develop survey instrument. NWRG will work with the City work group to review past City sample survey questions. The aim will be one set of survey questions for residents that may reduce survey costs. NWRG will deliver a first draft survey instrument, and through an iterative process, the City will settle on a set of questions for pre-testing. Questions will measure satisfaction and service importance within each of our City service areas to allow for a gap analysis which can be utilized to prioritize resources to better meet resident expectations. Questions will also be prepared in a manner that will allow insight into the respondents' motivation for their answers. Questions will be prepared with the intent to be repeated over time to allow trends and behaviors to be analyzed in addition to the point-in-time of the survey. Survey length, pre-testing, possible language translation(s) and delivery methods will be recommended by NWRG. Pretesting will include cognitive interviews with each person who pre-tested the survey to understand their survey experience and to identify any needed revisions. Any translations will be completed by native language speakers using a double-translation process to ensure the most accurate translation. Task 2—Survey Administration. With the assistance of identified community stakeholders, the City will conduct outreach alerting residents to the survey, with NWRG's advice and assistance to conduct the most effective outreach approach based upon the targeted population(s). For data collection, NWRG will discuss sampling options in the project kick-off meeting. The City work group will select from the sampling options. Sampling options will describe the methods and technologies as well as techniques used to reduce non-response bias. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A minimum of 500 completed questionnaires representative of the City's diversity will be targeted, in order to provide an overall margin of error of f4% at the 95% confidence level. Task 3—Data Analysis and Reporting. NWRG will code the "open end" and "other specify" answers to be included in the quantitative analysis, and conduct response range and logic checks to ensure the data is clean. NWRG will produce a topline results report. The City will review preliminary results and suggest any specific analyses. NWRG will also review the resident respondent demographics to ensure that they mirror the diversity of Kent's resident census demographics (American Community Survey, 2014), and if necessary, the final data file will be statistically weighted to better reflect the actual resident demographics of Kent. Analysis will include previous response data, provided to NWRG by the City workgroup. The combination of previous data, census data, and current survey data will be merged in order to conduct a trend analysis. NWRG will then perform statistical analyses using these data, which may include statistics such as frequencies and/or mean scores to describe the results for each survey question; cross tabulations; gap analysis to measure the difference between how satisfied respondents are with specific city services relative to how important those services are to them; trend analysis techniques; and more advanced multivariate statistics. The merged data will be made available to the City in multiple, consumable formats (Excel, csv, etc.) preferably with a web-based data analysis tool available for use by the City. Once the analysis is completed NWRG will prepare a written report in draft for review by the City workgroup. Based on the review, a final draft will be written and professionally prepared and delivered to the City in multiple, consumable formats. Additionally, NWRG will provide two presentations of the report; the first to City staff and the second to the City Council. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by August 31, 2016 III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $45,087, plus applicable Washington State sales tax, 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 amendment to this 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 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 monthly 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 CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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. VII. 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) 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. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. 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 [Insert Exhibit #] 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 Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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, including all appeals, 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. 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. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: Z6-�Iicc a By: 'w -7 -e (sig—naTure) 'isignatur e) Print %e: &CA Pri ,"�N�e: Suzette Cooke Its a.,A(C44, / LAdW44(A, 9A4 Its Ma or DATE: ZLlatf fie)e, DATE:— 611z9ll'� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Rebecca Elmore-Yalch Michelle Wilmot Northwest Research Group City of Kent 1411 4th Avenue, Suite 1500 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206-489-2362 (telephone) (253) 856-5709 (telephone) 206-886-0688 (facsimile) (253) 856-6700 (facsimile) APPROVED AS TOE 7 Kent Law Department "'--� [In fts flMd,you may enter the electramc Nepath where the contract has been saved] CONSULTANT SERVICES AGREEMENT - 6 Over$20,000) DECLARATION 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. 1 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 I, 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. By: Fo r: a Title: Date: (dAdl EEO COMPLIANCE DOCUMENTS - I 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 ............... .......... r y � Q { „p rl- C) 1i 00 h 0 0 0 C1 C C7 rl- f R Cw rA rig lui LLI ICU LL /r / r a f''%/% EXHIBIT B INSURANCE REQUIREMENTS ATE ACC?REW CERTIFICATE OF LIABILITY INSURANCE D05125/2016Y) 05/25l2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CS&S/ARMFIELD,HARRISON&THOMAS INC NAME: PO BOX 946580 PHONE FAX (A/C,No,Ext): (A/C,No): MAITLAND, FL 32794-6580 E-MAIL Phone-877-724-2669 ADDRESS: Fax-877-763-5122 INSURER(S)AFFORDING COVERAGE NAIC 9 INSURERA:Continental Casualty Company 20443 INSURED INSURER B: NORTHWEST RESEARCH GROUP LLC 1411 4th Avenue Suite 1500 INSURER C: Seattle,WA 98101 INSURER 0:Continental Casualty Company 20443 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR L SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR VIVID POLICYNUMBER MMIDDIYYYY MM/DD,YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE ® OCCUR DAMAGE TO RENTED PREMISES Ea occurrence) $300,000 MED EXP A Y N 5094035672 05115/2016 05l1512017 An one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY ECT ®LOC PRODUCTS-COMPIOP AGG $4,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) ALL A AUTOS�ED AUTOSULED N N 5094035672 05/15/2016 05/15/2017 BODILY INJURY(Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE 1,000,000 D EXCESS LIAB CLAIMS-MADE N N 5094040595 05/15/2016 05/15/2017 AGGREGATE $1,000,000 DED IX RETENTION$ 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Bodily Injury by Accident-Each Accident $1,000,00 A Stop Gap Liability N N 5094035672 05/1512016 05/15/2017 Bodily Injury by Disease-Each $1,000,00 Employee Bodily Injury by Disease- $2,000,00 Aqqregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent is added as an additional insured as provided in the blanket additional insured endorsement with respect to work performed under written contract. Coverage is primary and non-contributory. Cancellation notice shall be within policy provisions and State guidelines. CERTIFICATE HOLDER CANCELLATION e City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Avenue South THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Kent,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,�",vt�r)�tl�etin-n-t,L41`c.l� U ©1988-2000014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD cac8940 CNA SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS h. "Bodily injury" or "property damage" arising WHO IS AN INSURED is amended to include as an out of the sole negligence of the vendor for additional insured any person or organization its own acts or omission or those of its (referred to below as vendor) with whom you employees or anyone else acting on its agreed, because of a written contract or agreement behalf. However, this exclusion does not to provide insurance, but only with respect to "bodily apply to: injury" or "property damage" arising out of "your (1) The exceptions contained in products"which are distributed or sold in the regular Subparagraphs d.or f.; or course of the vendor's business, subject to the (2) Such inspections, adjustments, tests or following additional exclusions: servicing as the vendor has agreed to 1. The insurance afforded the vendor does not make or normally undertakes to make apply to: in the usual course of business, in a. "Bodily injury" or "property damage" for connection with the distribution or sale which the vendor is obligated to pay of the products. damages by reason of the assumption of 2. This insurance does not apply to any insured liability in a contract or agreement. This person or organization, from whom you have exclusion does not apply to liability for acquired such products, or any ingredient, part damages that the vendor would have in the or container, entering into, accompanying or absence of the contract or agreement; containing such products. b. Any express warranty unauthorized by you; 3. This provision 2. does not apply to any vendor c. Any physical or chemical change in the included as an insured by an endorsement product made intentionally by the vendor; issued by us and made a part of this Policy. d. Repackaging, except when unpacked solely 4. This provision 2. does not apply if"bodily injury" for the purpose of inspection, or "property damage" included within the products-completed operations hazard demonstration, testing, or the substitution of is excluded either by the provisions of the Policy or parts under instructions from the by endorsement. manufacturer, and then repackaged in the original container; 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED is amended to include as an adjustments, tests or servicing as the insured any person or organization (called additional vendor has agreed to make or normally insured) described in paragraphs 2.a. through 2.h. undertakes to make in the usual course of below whom you are required to add as an business, in connection with the distribution additional insured on this policy under a written or sale of the products; contract or agreement but the written contract or f. Demonstration, installation, servicing or agreement must be: repair operations, except such operations 1. Currently in effect or becoming effective during performed at the vendor's premises in the term of this policy; and connection with the sale of the product; 2. Executed prior to the "bodily injury," "property g. Products which, after distribution or sale by damage" or "personal and advertising injury," you, have been labeled or relabeled or used but as a container, part or ingredient of any Only the following persons or organizations are other thing or substance by or for the additional insureds under this endorsement and vendor; or coverage provided to such additional insureds is limited as provided herein: SB-146932-E Page 1 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06/11) a. Additional Insured—Your Work (b) The construction, erection, or That person or organization for whom you removal of elevators; or do work is an additional insured solely for (2) This insurance applies only with respect liability due to your negligence specifically to operations performed by you or on resulting from your work for the additional your behalf for which the state or insured which is the subject of the written political subdivision has issued a permit. contract or written agreement. No coverage applies to liability resulting from the sole This insurance does not apply to "bodily negligence of the additional insured. injury, property damage or personal and advertising injury" arising out of operations The insurance provided to the additional performed for the state or municipality_ insured is limited as follows: c. Controlling Interest (1) The Limits of Insurance applicable to Any persons or organizations with a the additional insured are those controlling interest in you but only with specified in the written contract or respect to their liability arising out of: written agreement or in the Declarations of this policy, whichever is less. These (1) Their financial control of you; or Limits of Insurance are inclusive of, and not in addition to, the Limits of (2) Premises they own, maintain or control Insurance shown in the Declarations. while you lease or occupy these premises. (2) The coverage provided to the additional d This insurance does not apply to structural insured by this endorsement an paragraph F.9. of the definition alterations, new construction and demolition "insured contract" under Liability and operations performed by or for such Medical Expenses Definitions do not additional insured. apply to "bodily injury" or "property d. Managers or Lessors of Premises damage" arising out of the "products- completed operations hazard" unless A manager or lessor of premises but only required by the written contract or with respect to liability arising out of the written agreement. ownership, maintenance or use of that specific part of the premises leased to you (3) The insurance provided to the additional and subject to the following additional insured does not apply to "bodily injury," exclusions: "property damage," or "personal and advertising injury" arising out of the This insurance does not apply to: rendering or failure to render any (1) Any "occurrence" which takes place professional services. after you cease to be a tenant in that b. State or Political Subdivisions premises; or A state or political subdivision subject to the (2) Structural alterations, new construction following provisions: or demolition operations performed by or on behalf of such additional insured. (1) This insurance applies only with respect to the following hazards for which the e. Mortgagee,Assignee or Receiver state or political subdivision has issued A mortgagee, assignee or receiver but only a permit in connection with premises with respect to their liability as mortgagee, you own, rent, or control and to which assignee, or receiver and arising out of the this insurance applies: ownership, maintenance, or use of a (a) The existence, maintenance, repair, premises by you. construction, erection, or removal of This insurance does not apply to structural advertising signs, awnings, alterations, new construction or demolition canopies, cellar entrances, coal operations performed by or for such holes, driveways, manholes, additional insured. marquees, hoistaway openings, sidewalk vaults, street banners, or f. Owners/Other Interests—Land is Leased decorations and similar exposures; An owner or other interest from whom land or has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that SB-146932-E Page 2 of 5 (Ed_ 06/11) CNA SB-146932-E (Ed. 06/11) specific part of the land leased to you and a written contract or written agreement subject to the following additional specifically requires that this insurance exclusions: be either primary or primary and This insurance does not apply to: noncontributing. (1) Any "occurrence"which takes place 4. LEGAL LIABILITY—DAMAGE TO PREMISES after you cease to lease that land; A. Under B. Exclusions, 1. Applicable to or Business Liability Coverage, Exclusion k. (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition following: operations performed by or on k. Damage To Property behalf of such additional insured. "Property damage"to: g. Co-owner of Insured Premises 1. Property you own, rent or occupy, A co-owner of a premises co-owned by you including any costs or expenses and covered under this insurance but only incurred by you, or any other with respect to the co-owners liability as co- person, organization or entity, for owner of such premises. repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such property for any reason, including Any person or organization from whom you prevention of injury to a person or lease equipment. Such person or damage to another's property; organization are insureds only with respect to their liability arising out of the 2. Premises you sell, give away or maintenance, operation or use by you of abandon, if the "property damage" equipment leased to you by such person or arises out of any part of those organization. A person's or organization's premises; status as an insured under this 3. Property loaned to you; endorsement ends when their written contract or agreement with you for such 4. Personal property in the care, leased equipment ends, custody or control of the insured; With respect to the insurance afforded 6. That particular part of any real these additional insureds, the following property on which you or any additional exclusions apply: contractors or subcontractors working directly or indirectly in your This insurance does not apply: behalf are performing operations, if (1) To any "occurrence" which takes place the "property damage" arises out of after the equipment lease expires; or those operations; or (2) To "bodily injury," "property damage" or 6. That particular part of any property "personal and advertising injury" arising that must be restored, repaired or out of the sole negligence of such replaced because "your work" was additional insured. incorrectly performed on it. Any insurance provided to an additional insured Paragraph 2 of this exclusion does not designated under paragraphs b. through h. apply if the premises are "your work" above does not apply to "bodily injury" or and were never occupied, rented or "property damage" included within the held for rental by you. "products-completed operations hazard." Paragraphs 1, 3, and 4, of this 3. The following is added to Paragraph H. of the exclusion do not apply to "property BUSINESSOWNERS COMMON POLICY damage (other than damage by fire or CONDITIONS: explosion) to premises: H. Other Insurance (1) rented to you: 4. This insurance is excess over any other (2) temporarily occupied by you with insurance naming the additional insured the permission of the owner, or as an insured whether primary, excess, (3) to the contents of premises rented contingent or on any other basis unless to you for a period of 7 or fewer consecutive days. SB-146932-E Page 3 of 5 (Ed. 06/11) CNA SB-146932-E (Ed. 06/11) A separate limit of insurance applies to "occurrence," offense, claim or "suit" is Damage To Premises Rented To You known to: as described in Section D— Liability and (1) You or any additional insured that is an Medical Expenses Limits of Insurance. individual; Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not (3) Any manager, if you or an additional apply to "property damage" included in insured is a limited liability company; the "products-completed operations (4) Any "executive officer" or insurance hazard." manager, if you or an additional insured B. Under B. Exclusions, 1. Applicable to is a corporation; Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you Exclusions c, d, e, f, g, h, i, k, I, m, n, and or an additional insured is a political o, do not apply to damage by fire to subdivision or public entity. premises while rented to you or temporarily occupied by you with permission of the This paragraph e. applies separately to you owner or to the contents of premises rented and any additional insured. to you for a period of 7 or fewer consecutive 7. Bodily Injury days. A separate limit of insurance applies to this coverage as described in Section D. Section F. Liability and Medical Expenses Liability And Medical Expenses Limits Of Definitions, item 3. "Bodily Injury" is deleted Insurance. and replaced with the following: C. The first Paragraph under item 5. Damage 'Bodily injury" means bodily injury, sickness or To Premises Rented To You Limit of disease sustained by a person, including death, Section D. Liability And Medical humiliation, shock, mental anguish or mental Expenses Limits Of Insurance is replaced injury by that person at any time which results by the following: as a consequence of the bodily injury, sickness or disease. The most we will pay under Business Liability for damages because of "property 8. Expanded Personal and Advertising Injury damage" to any one premises, while Definition rented to you, or temporarily occupied by a. The following is added to Section F. you, with the permission of the owner, Liability and Medical Expenses including contents of such premises rented Definitions, item 14. Personal and to you for a period of 7 or fewer consecutive Advertising Injury, in the days, is the Damage to Premises Rented to Businessowners General Liability You limit shown in the Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in We waive any right of recovery we may have injury to the feelings or reputation of a against: natural person, but only if such discrimination or humiliation is: a. Any person or organization with whom you have a written contract that requires such a 1. Not done intentionally by or at the waiver. direction of: 6. Broad Knowledge of Occurrence a. The insured; or The following items are added to E. b. Any "executive officer," director, Businessowners General Liability stockholder, partner, member or Conditions in the Businessowners Liability manager(if you are a limited liability Coverage Form: company)of the insured; and e. Paragraphs a. and b. apply to you or to any 2. Not directly or indirectly related to the additional insured only when such employment, prospective employment, past employment or termination of SB-146932-E Page 4 of 5 (Ed. 06/11) GNA SB-146932-E (Ed. 06/11) employment of any person or person by c. This provision (Expanded Personal and any insured. Advertising Injury) does not apply if b. The following is added to Exclusions, Personal and Advertising Injury Liability Section B.: is excluded either by the provisions of the Policy or by endorsement. (15)Discrimination Relating to Room, 9. Personal and Advertising Injury Re-defined Dwelling or Premises Caused by discrimination directly or Section F. Liability and Medical Expenses indirectly related to the sale, rental, Definitions, item 14, Personal Advertising Injury, lease or sub-lease or prospective sale, Paragraph c. is replaced by the following: rental, lease or sub-lease of any room, c. The wrongful eviction from, wrongful entry dwelling or premises by or at the into, or invasion of the right of private direction of any insured. occupancy of a room dwelling or premises (16)Fines or Penalties that a person or organization occupies committed by or on behalf of its owner, Fines or penalties levied or imposed by landlord or lessor. a governmental entity because of discrimination. SB-146932-E Page 5 of 5 (Ed. 06/11) „/ rr r /,/rrrr/; r r rr YN r rii// //i r /iai /. / ;, ////ijr///////' ?r r%//rii/ ,,,;// rir sr l r /„! i ,„/ r r /i,-- % // as r a r //, /iiiiii, %/' // /, ii,,,, ,,,,,I'll, iiii//c ;;, ;�,,,,,, ,,,,;,,,,,,,,,,o/�, //rim r o�; i„/ /ri /�/”; "/����/ „J- ,. a , r „r,,,/ //%pii� „// rile' 11 �� ;. ✓. rii..„ /i ,,, ,i „',,,,' ,,,, %r // ,,, gin,, ',ii,,,; Oi/// %/ - „rrrr/%/ ,i. c// , if/i r,,, /i,//„ „s „/ rii, r,,,, rrr , / / iiii rrrr/ rrrr%%O,;ii/r�� ' ,,,, ��rr., ,pr,,. 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