HomeMy WebLinkAboutIT17-565 - Amendment - #1 - Prime Team Partners, Inc. - Business Analyst Consultant Services - 12/22/2017 ,, .. Records a�ge n
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CONTRACT COVER SHEET V�Z j t� A-P
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 City Clerk's Office.
Vendor Name: Prime Team Partners, Inc.
Vendor Number: 1641644
JD Edwards Number
Contract Number: -VI
This is assigned by City Clerk's Office
Project Name: _Consultant Services - Business Analyst
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Amendment #1
Contract Effective Date: 12/29/2017 Termination Date: 02/02/2018
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: John Filicetti Department: Information Technology
Contract Amount: $20 000
Approval Authority: ® Department Director ❑ Mayor ❑ city Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
As of: 08/27/14
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AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR:
CONTRACT NAME & PROJECT NUMBER: 0USi"ejtAndYjt-'90LVkQS,
ORIGINAL AGREEMENT DATE: 11LfiL2M
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or
Vendor's work is modified as follows:
1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add
additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall:
Perform additional hours of work, estimated to be 222 hours, at the
same rate provided for in the Agreement, until the additional funds
authorized under this Amendment are fully expended.
2. The contract amount and time for performance provisions of Section II "Time of
Completion," and Section III, "Compensation," are modified as follows:
Original Contract Sum, $20,000
including applicable WSST
Net Change by Previous Amendments $0
including applicable WSST
Current Contract Amount $20,000
Including all previous amendments
Current Amendment Sum $2-0,000
Applicable WSST Tax on this N/A
Amendment
Revised Contract Sum $40,000
AMENDMENT - 1 OF 2
Original Time for Completion Until $20,000 are exhausted, based
(insert date) on an hourly rate of$90, which date
was December 29, 2017.
Revised Time for Completion under Until an additional $20,000 are
prior Amendments exhausted, based on an hourly rate
(insert date) of $90, which date is estimated to
be February 02, 2018.
..,_....
Add'I Days Required (f) for this Approximately 30 calendar days
Amendment
Revised Time for Completion Until this Amendment's $20,000 is
(insert date) exhausted, approximately February
2, 2018
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this. Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and
warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any), and
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed,
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be
deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT:
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ame:
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DATE:_.._ �( d, . r- . ..,... _...,. ..,.. DATE' r7c /
APPROVED AS TOFORM:
(applicable if Mapu(.,�i r)atu e regolred)
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Keht Ca.w Department
Qa[ms nelo,you may enter the e15Nas neyalT vnerc me mnlra¢has veer>evonj
AMENDMENT - 2 OF 2
EXHIBIT
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES 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. Autn 6?�LLq_t_Jabjllty insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
ggrnme�a[_ Ig0L ,lo.)lwl ty insurance shall be written on ISO
occurrence form CG 00 01. The City shall be named as an
Additional 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 11 85 or a
substitute endorsement providing equivalent coverage.
2. ttorkk_(n'._Cp.mpeP tipn_coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. AAprn jL_ 7j.kj. jity insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000 per
accident.
2. i, ) t,7grlrl p jknpl,4„ty insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate.
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.
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 Certificatgwafwl,n urance. 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 ANII.
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.
PRIME-1 OP ID:SR
CERTIFICATE OF LIABILITY INSURANCE
..✓" 11J0312017
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: H the certificate holder is an ADDITIONAL INSURED,the policy(ise) musk he endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain pollcles may require an endorsament A statement on this certificate does not confer rights to the
certificate holder In lieu of such endoraementlaj.
PRODUCER ACT
Spprague Israel Gllas PHONE Mnrv.
1501 Fourth Avenue',Suite 730 MC.by IMF Eµ"%N.P.
Seattle,WA 98101-3225 Llt'35.CA License#0192858
Pierce Dyer _. . ..
INSURER(81 AFFORDING ODVERAOff �. RAW r i
INSURER A',W...UhueeGA BUY Inc GO
MIURED Prime Team Partners W"ER R,me HAnu...lmu,ence CO., r 22'292
100 W Harrison St.,III ...._. ..
Seattle,WA 98119 yUSUREH C
INSURER D
INSURER E. __.. .. ._ ...
INSURER f.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER'.
THIS IS 90 CERTIFY THAT THE POLICIES Or INSURANCE LISTED ISB-f CIVv'HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONCH ION 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 AL, THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR ADO,aU ..... .. ` RUctrpr PdLmycrip
rope of wasuwsucE pDt.IGY Muaa:x nmYwI IMmroD+yr,yy _UM075y
GENERAL LIABILITY FA( I OCCURRF
A % COMMERCIALGEMERAL w<I
� 5 �1,000,00
DARILIIT % D2 A402ODS D3 0812512017 0a12512018 OAMAll Tn VEITrn
c 300,000
_ INL MIOEf(IaRuu�rmenyn),...., CLAIMS MADE Ix ME J LAP IAy mu 1.11c.l S 10,00 .
11 HnUNAI x aov INJIURY s. ..1'000,00
.. . . . . f,INCRn,L AC,0IIF—(Wf - y 2,000,OOC
G Etli A,ORISATELIMITAPP1IE5hER ` vRfHID:re <mlwl,P Alu; y 2,000,00
..1 (
1 Pm ocv��.dlf MIT oa BIG Ga. s Included
...._.._.._.._......_._ _ Ifi'uT l IEl"L" "CfDiT....,� ..... 1.000,00 AUTOMOBILE LABILITY �,..�•.��, ,.,
Wi2 .. $
A ! ANY AUTO X oD2 Aw:DOS 03 0812512017 0812512018 BODILY NJURv(Pal P.1.11 3
% HIRED SAUiOs AUTCi`.3 VJNE 1 OftuitPPY DILY INJURY IPm eccdanp y All owNE°
NONO
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% AUTOS
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UMBRELULLIAe OCCUR ^ V RAC H(X;MJRRI NCI 1
EXCE58 UJ1a 2%t AIM$IN BF G A(,hF GATE A
MR,
B AND EMPLOYE E�%CLUDE°9 ECUTIVE YIN
MIA
N2A10200083 912512017 12015 FBI IACH nf�CIDC 1rI11+ 1 _• „1.000 OOf'
I if E SCrI ION OF OPERATIONS bF1. a " - --"" f OCASE NICYrlll lLI 11000,90f
n
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES IAneCN ACORD 101,AEJlilanel Rvnrrq ScheCule,II mare ep¢a h reeukeGl
The City of Rent is additional insured if required by written contract or
agrsNNUNU t, subject to the General 6 Auto Liability additional insured
provision endorsontent attached.
Insurance in Primary 6 Non Contributory
CERTIFICATE HOLDER A E I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
City of Kent
220 4th Avenue South AUTHORI2.EOREPRESENTATIVE
I
Kent,WA 98032-5838
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
BUSINESSOWWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES Limits Page
1 Additional Insured by Contract Agreement or Permit Included 1
_
AddrtionaC insured - Broad Form Vendors Included 2
3. Alienated Premises Included 3
4 Broad term Propertyy Damage Borrowed Equipment, Customers Included 3
Goods and Use of Flavators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3
6, Per n soal and Advertising Injury - Broad Form Inc ludeI'll
4
7 Product Recall Expense Included 4
Product Recall Expense Each Occurrence Limit $25 000 5
Occurrence
Product Recall Expense Aggregate Limit $50,000 5
Aggregate
Product Recall Deductible $500 5
6. Unintentional Failure to Disclose Hazards Included 6
9. Unintentional Failure to Notify Included 6
This endorsement amends coverages provided under the Businessowners Coverage Form through new
coverages and broader coverage grants. This coverage is subject to the provisions applicable to the
Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II - (2) Premises you own, rent, lease or
LIABILITY: occupy; or
1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of
Permit equipment leased to you.
The following is added to SECTION II - b. The insurance afforded to such additional
LIABILITY,C.Who Is An Insured: insured described above:
Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by
Permit aw; and
a. Any person or organization with whom you (2) Will not be broader than the insurance
agreed in a written contract, written which you are required by the contract,
agreement. or permit to add such person or agreement or permit to provide for such
organization as an additional insured oil additional insured,
your pol toy
Is an additional insured only with (3) Applies on a primary basis if that is
respect to liability for "bodily injury". required by the written contract, written
"property damage"", or "'personal and agreement or permit.
advertising injury' caused, In whole or in
part, by your acts or omissions, or the sots (4) Will not be broader than coverage
or omissions of those acting on your behalf, provided to any other insuredd
but only with respect to: (5) Does not apply if the "bodily injury",
(1) "Your work" for the additional insured(s) "property damage" or "personal and
designated in the contract, agreement or advertising injury"is otherwise excluded
permit; from coverage under this Coverage Part,
including any endorsements thereto.
3914006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 1 of 6
4 In"
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C7B2 D244121 0901621
c. This provision does not apply: The most we will pay on behalf of the
1 Unless the written contract or written additional insured for a covered claim is the
( ) agreement was executed or permit was lesser of the amount of insurance:
issued prior to the 'bodily injury", 1. Required by the contract„ agreement or
"'property damage", or personal Injury permit described in Paragraph a.; or
and advertising injury 2. Available under the applicable Limits of
(2) To any person or organization included Insurance shown in tha C eclaratlons,
as an Insured by another endorsement This endorsement shall not increase the
issued by us and made part of this applicable Limits of Insurance shown in the
Coverage Part. Declarations
(3) To any lessor of equipment: e. All other insuring agreements, exclusions,
(a) After the equipment lease expires; or and conditions of the policy apply.
(b) If the "bodily injury", "property 2. Additional Insured-Broad Form Vendors
demage'", "personal and advertising The following is added to SECTION ll -
in ury arises. out of sole negligence LIABILITY, C.Who Is An Insured:
o' file lessor' Additional Insured -Broad Form Vendors
(4) To any: a. Any person or organization that is a vendor
(a) Owners or other interests from whom with whom you agreed) In a written contract
land has been leased it the or written agreement to include as an
„occurrence" takes place or the additional insured under this Coverage Part
offense is committed after the lease is an insured, but only with respect to liability
for the land expires; or for "bodily injury"' or "'property damage°
(b) Managers or lessors of premises if: arising out, of "your products" which are
(i) The '"cecurrence" takes place or distributed or sold in the regular course of
the offense is committed after the vendor's business.
you cease to be a tenant in that b. The insurance afforded to such vendor
premises; or described above:
(it) The "bodily injury", "property (1) Only applies to the extent permitted by
damage" personal Injury" or law;
"advertising injury," arises out of (2) Will not be broader than the insurance
structuralalterations, new which you are required by the contract or
construction or demolition agreement to provide for such vendor;
operations performed by or on
behalf of the manager or lessor. (3) Will not be broader than coverage
provided to any other insured; and
(5) To "bodily injury", "'property damage" or
"personal and advertising injury" arising (4) Does not apply if the "'bodily injury",
out of the rendering of or the failure to "property damage" or "personal and
a➢
render any professional services. advertising Injury" is otherwise excluded
from coverage under this Coverage mart,
This exclusion applies even if the claims Including any endorsements thereto
against any' insured allege negligence or
other wrongdoing in the supervision, c. With respect to insurance afforded to such
hiring employment„ trailing or vendors, the following additional exclusions
monitoring of others by that insured, if apply:
the "occurrence"' which caused the The insurance afforded to the vendor does
"bodily injury" or "property damage" or not apply to:
the offense which caused the "personal {1) "Bodily injury or „property damage" for
and advertising InJ'ury"' involved the which the vendor Is obligated to pay
rendering of or failure' to render any damages by reasons of the assumption of
professional services by or for you. liability' in a contract or agreement. This
d. With respect to the insurance afforded to exclusion does not apply to liability for
these additional Insureds, the following is damages that the insured would have in
added to SECTION ll - LIABILITY„ D. Liability the absence of the contract or
and Medical Expense Limits of Insurance: agreement;
(2) Any express warranty unauthorized by
you,
391.1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc„ with its permission. Page 2 of 6
(3) Any physical or chemical change in the The most we will pay on behalf of the vendor
product made intentionally by the for a covered claim is the lesser of the
vendor; amount of insurance:
(4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement
the purpose of inspection, described in Paragraph a.; or
demonstration, testing, or the 2 Available under the appplicable Limits of
substitution of parts under instruction Insurance shown in the, Oaclarations,
from the manufacturer, and then
repackaged in the original container; This endorsement shall not increase the
applicable Limits of Insurance shown in the
(5) Any failure to make such inspecttion, Declarations.
adjustments, tests or servicing as the
vendor has agreed to make or normally 3. Alienated Premises
undertakes to make in the usual course SECTION II - LIABILITY, B. Exclusions, 1.
of business in connection with the sale Applicable To Business Liability Coverage It.
of the product; Damage to Property, paragraph (2) is replaced by
(6) Demonstration, insta4ation, servicing or the following:
repair operations, except such (2) Promises you sell, give away or abandon, if
operations performed at the vendor's the "property damage" arises out of any part
premises in connection with the sale of of those promises and occurred from hazards
the product; that were known by you, or should have
(7) Products which, after distribution or sale reasonably been known by you, at the time
by you, have been labeled or relabeled the property was transferred or abandoned,
or used as a container, part or 4. Broad Form Property Damage • Borrowed
ingredient of any other thing or Equipment,Customers Goods,Use of Elevators
substance by or for the vendor; a. The following is added to SECTION 11 -
(8) "Bodily injury" or "property damage'" LIABILITY, B. Exclusions, 1. Applicable To
arising out of the sole negligence of the Business Liability Coverage, k. Damage to
vendor for its own acts or omissions or Prop":
those of its employees or anyone else
acting on its behalf. However, this paragraph (4) does not apply to "property
exclusion does not apply to: damage" to borrowed equipment while at a
jobsita and not being used to perform
(a) The exceptions contained within the operations.
exclusion in subparagraphs (4) or (6)
above; or Paragraph (3), (4) and (6) do not apply to
(b) Such inspections, adjustments, lasts 'property damage" to "customers goods"
or servicing ns the vendor has 'while on your promises nor to the use of
elevators.
agreed to make in nerusual b. For the purposes of this endorsement, the
illy
undertakes u make n the usual follow'in definition is added to SECTION 11 -
witht of business, in connection
with tfno distribution or sale of the LdABILf F. Liability and Medical Expenses
products. Definitions;
(9) Bodily injury" or "properly damage" 1. "Customers goods" means property of
arising out of an "occurrence" that took your customer on your premises for the
place before you, have signed the purpose of being:
contract or agreement with the vendor. a. Worked on, or
(16)To any person or organization included b. Used in your manufacturing process,
as an insured by another endorsement c. The insurance afforded under this provision is
issued by us and made part of this excess over any other valid) and collectible
Coverage Part, property
p y insurance (including deductible)
(11)Any insured person or organization, available to the insured whether primary,
from whom you have acquired such excess, contingent or on any other basis.
products, or any ingredient, part or
container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMPs
or containing such products. and Paramedics
d. With respect to the insurance afforded to SECTION II - LIABILITY, C.Who Is An Insured,
these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse,
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
391.1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 3 of 6
Inaaranre t trroup..
082 0244121 0901621
emergency medical technician or parafnedic o. Recall of Products, Work or Impaired
emeDyed by you ii( you are not engaged in the Property is replaced by the following:
business
or occupation of providing rlledioal. o. Recall of Products, Work or Impaired
paramedical, surgical, dental, x-ray or nursing Properly
services.
6. Personal Injury - Broad Form Damages claimed for any loss, cost or
expense incurred by you or ethers for
a. SECTION 11 - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall,
Additional Exclusions Applicable only to inspection, repair, replacement,
"Personal and Advertising Injury", paragraph adjustment, removal or disposal of:
e. is deleted. (1) "Your product",
b. SECTION II - LIABILITY, F. Liability and (2) "Your work"; or
Medical Expenses Definitions, 14. "Personal
and advertising Injury", paragraph b. is (3) "Impaired property";
replaced by the following: If such product, work or property is
b. Malicious prosecution or abuse of withdrawn or recalled from the market or
process. from use by any person or organization
c. The following is added to SECTION II - becaus c of ainade known
or suspected or defect,
erous
LIABILITY, F. Liability and Medical Expenses condition in it, but this exclusion does
Definitions, Definition 14. "Personal and not apply to 'product recall expenses"
advertising injury": the It
you Incur for the "covered recall" of
"Discrimination" (unless insurance thereof is "your product".
Frohlbited by law) that results In injury to the However, the exception to the exclusion
feelings or reputation of a natural person, does not apply to "product recall
but only if such "discrimination" is: expenses" resulting from:
(1) Not done intentionally by or at the (4) Failure of any products to accomplish
direction of: their intended purpose;
(a) The insured; (5) Broach of warranties of fitness,
(b) Any officer of the corporation, quality, durability or performance•,
director, stockholder, partner or (6) Loss of customer approval, or any
member of the insured; and cost incurred to regain customer
(2) Not directly or indirectly related to an approval;
"employee", not to the employment, (7) Redistribution or replacement of
prospective employment or termination "your product" which has been
of any person or persons by an insured. recalled by like products or
d. For purposes of this endorsement, the substitutes,
following definition is added to SECTION 11 - (8) Caprice or whim of the insured;
LIABILITY, F. Liability and Medical Expenses
Definitions: (9) A condition likely to cause loss of
1. "Discrimination" means the unlawful which any insured knew or had
treatment of individuals based upon race, reason to know at the inception of
this insurance;
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination" (tg)Asbestos, including toss, damage or
does not include the unlawful treatment clean up resulting from asbestos or
of individuals based upon developmental, asbestos containing materials;or
physical, cognitive, mental, sensory or (11I)Recall of "your products" that have
emotional impairment or any no known or suspected defect solely
combination of these. because a known or suspected
e. This coverage does not apply if liability defect in another of "your products"
coveralls for "personal and advertising has been found.
injury" a excluded either by the provisions of b. The following is added to SECTION II -
the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph
thereto. 3.b.:
7. Product Recall Expense "Product recall expense" arising out of any
a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you
Applicable To Business Liability Coverage, acquired or formed the organization,
391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6
c. The following is added to SECTION II - of a deductible amount, you shall
LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the pert of the
Limits of Insurance: deductible amount we paid.
Product Recall Expense Limits of Insurance The Product Recall Expense Limits of
a. The Limits of Insurance shown in the insurance apply separately to each
SUMMARY OF COVERAGES of this consecutive annual period and to any
endorsement and the rules stated below remaining period of less than 12 months,
fix the most that we will pay under this starting with the beginning of the policy
Product Recall Expense Coverage period shown in the Declarations„ unless the
regardless of the number of: policy period Is extended after issuance for
an addit&anal period of Tess than 12 months,
(1) Insureds; In that case, the additional period will be
(2) "Covered Recalls" initiated, or deemed part of the last preceding period for
3 Number of " our products" the purposes of determining the Limits of
1 1 Y Insurance.
withdrawn,
b. The Product Recall Expense Aggregate d. Tito following is added to SECTION it -
Limit is the most that we will reimburse General
LIABILITY, d Lisbiiity and Men thecaW Expense
you for the sum of all "product recall General Conditions, , Duties in the Event of
p Occurrence,Offense,Claim or Suit:
j expenses incurred for all "covered
recalls" Initiated during the policyyperiod, You must see to it that the following are
c. The Product Recall Each Occurrence done re the event of an actual or anticipated
Limit is the most we will pay in "covered recall" that may result in "product
connection with any one defect or recall expense":
deficiency. (1) Give us prompt notice of any discovery
d. All "product recall expenses" n or notification that "your product" must
P. p be withdrawn or recalled, Include a
connection with substantially the same description of "your product" and the
ggeneral harmful condition will be reason for the withdrawal or recall;
tlearned to arise out of the same defect
or deficiency and considered one (2) Cease any further release, shipment,
"occurrence". consignment or any other method of
e. An amount reimbursed for "product distribution of like or similar products
y P until It has been determined that all
recall expenses" in connection with any such products are free from defects that
one "occurrence" will reduce the amount could be a cause of loss under this
of the Product Recall Expense Aggregate Insurance.
Limit available for reimbursement of
"product recall expenses" in connection e. For the purppass of this endorsement, the
with any other defect or deficiency, followingg definitions are added to SECTION
f. If the Product Recall Expense Aggregate II - LIYkSILtTY, F. Liability and Medical
Expenses Definitions:
Limit has been reduced by
reimbursement of "product recall t. "Covered recall" means a recall made
expenses" to an amount that Is Bess than necessary because you or a government
the Product Recall Expense Each body has determined that a known or
Occurrence Limit, the remamprog suspected defect, defidency,
Aggregate Limit is the most that will be inadequacy, or dangerous condition in
available for reimbursement of "product "your product has resulted or will result
recall expenses" in connection with any in "bodily injury" or"property damage".
other defect or deficiency. 2. "Product recall expense(s)" means:
g. Product Recall Deductible a. Necessary and reasonable expenses
We will only pay for the amount of for:
"product recall ex arises" which are in (1) Communications, including radio
excess of the 5500 Product Recall or television announcements or
Deductible. The Product Recall printed advertisements including
Deductible applies separately to each stationary, envelopes and
"covered recall". The limits of insurance postage;
will not be reduced by the amount of this
deductible.
We may, or will it required by law, pay all
or any part of any deductible amount, it
applicable. Upon notice of our payment
321-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc,with Its permission, Page 5 of 6
4nsrrrance croup.
r B2 0244121 0901621
(2) Shipping time recalted products (1) If the "products - completed operations,
from any purchaser, distributor or hazard" is excluded from coverage under
user to the place or places this Coverage Part including any
designated by you; endorsement thereto; or
(3) Remuneration paid to your (2) To "product recall expense" arising out of
regular '"employees" for any of "your products" that are otherwise
necessary overtime; excluded from coverage under this
Coverage Part including endorsements
(4) Hiring additional persons, other thereto,
than your regular"employees";
(S) Expenses incurred by"employees" 6. Unintentional Failure to Disclose Hazards
including transportation and The following is added to SECTION II -
accomrnodations; LIABILITY, E. Liability and Medical Expenses
General Conditions:
(6) Expenses to rani additional Re resentation$
warehouse or storage space; P
(7) Disposal of "your product", but We will not disclaim coverage under this
onlyy to the extent that specific Coverage Part if you fail to disclose all hazards
methods of destruction other than existing as of the inception date of the policy
those employed for trash provided such failure Is not intentional.
discarding or disposal are g, Unintentional Failure to Notify
required to avoid "bodily injury" The following is added to SECTION tt -
or "property damage'" as a result LIABILITY, E. Liability and Medical Expenses
Of such disposal, General Conditions, 2 Duties In the Everri of
you incur exclusively for the purpose Occurrence,often",Claim or Sot:
of recalling"your product'; and Your rights afforded under this Coverage Part
b. Your lost protil resulting from such shall not be prejudiced If you fail to give us
"covered recall". notice of an "occurrence", offense, claim or"suit",
f. This Product Recall Expense Coverage does solely due to your reasonable and documented
not apply: belief that the "bodily injury" "property damage"
or "personal and advertising injury" is not
covered under this Policy
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
391.1006 08 116 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission., Page 6 of 6
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