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HomeMy WebLinkAboutCAG2019-0247 - Original - Tucci & Sons, Inc. - Police Services - 04/12/2019KENT THIS AGREEME POLICE SERVICES AGREEMENT NT ís made between the City of Kent, a Washington municipal corporation(hereinafter nKent"),and organized under the laws ofthe State of Washington, located and doing business at Tacoma, hereinafter the "Contractor"), I. TERM *AGREEMENT" FURTHER DEFINED . INCORPORATION OF ATTACHMENTSAND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shallmean thls document, and any and all Scope of Servíces Áttachments (héreinafter "Attachments") which describe the scope of services to be performed. The AttacÈments arehereby incorporated into this Agreement by this reference. It is recognized that the Contractormay request police services on several occasions, and therefore, wtrilithis main Agreement willonly be signed one time, there may be multiple Attachments to this Agreement. This Agreementshall be enforceable with regard to each instance of work performed pursuant-to eachAttachment. In the event of a conflict between the terms of this Agieement and anyAttachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated intothis Agreement as if set fofth herein in full. If. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kentpolice officer who will be dedicated to performing the services described in the Attachment(s) tothis Agreement. Police officers shall only be permitted to provide police-related services during the performanceof the work called for herein, and Contractor shatl not ask or solicit such policä officers toperform work that is not police-related. ITI. COST OF SERVICES AND PAYMENT A. Hourly Rate' Contractor shall pay to the Kent Police Department a sum for eachhour of worked performed by a commissioned police officer. The Chief of police or his or herdesignee shall have the authority to determine the hourly rate that will be specified in theAttachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hourminimum payment required for each instance that a police officer peforms services under thisAgreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4)hours of work or the actual number of hours worked during each instance that a police officerpedorms services. For example, if Contractor needs two (2) police officers to work on the sameday and at the same time for two (2) hours of work each, Contractor will be required to pay Kentfor four (4) hours for each police officer, for a total of eight (8) hours. If Coniractor nèeás two(2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday sh¡fts and Shifts in Excess of Ten Houns. Shifts performed on holidaysshall be subject to an increased hourly rate that will be specified in the Attachment. Shífts that POUCE SERVICES AGREEMENT - 1 (Form verston: L/2ot6) last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate_ for work performed in excess of ten (10) hours maynot be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day. The Contractor will be billed and shali pay the rate for work over ten (10) hours even if not specified in the Attachment. D' Method and Time of Payment. Kent shall, within a reasonable time, submit a billto Contractor for arnounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent, All payments shall be madeto the "City of Kent" and shall be delivered to: City of Kent Attn : Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penalties, If Contractor fails or neglects to pay any invoice withinthirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (1olo) of the amount of the unpaid balance on the account or two dollars($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. Any invoice or seryice charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 ofthe Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not beprovided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services calledfor in this Agreement shall at all times be subject to the rules, regulations, and policies of Kentand its Police Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing seryices for Contractor may be required to respond to emergencies and abandon the services being calledfor under this Agreement. In the event of this occurrence, Contractor shall not be relieved ofprovidlng full payment; provided, that in the event the interruption lasts longer that one half of one hour (i.e., more than thifty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time notperforming services under this Agreement. V. INDEMNIFICATION. A' General. Contractor shall defend, indemnify, and hold Kent, its officers, offìcials, 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 Kent,s performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of Kent or its officers or employees. POLICE SERVICES AGREEMENT - 2 (Form Verslon: L/20f6) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNTTY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its police Depaftment, and its officers and employees of the Kent Police Department, owe a general dutyto the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor anyof its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises ofthe Contractor. Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or property as a result of the workperformed under this Agreement. In the event of injury to any person or propefty, Contractor shall not assert that Kent, its Police Department, or its police officer owed any special duty toprotect persons or propefty or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or propefty. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that thepublic duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or propefty of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C. Survival. The provisions of this Section V shall suruive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The pafties agree that neither shall be considered an employee or agent of the other. VIf. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to obtain the services of a Kent Police Officer to peform the services called for ín the Agreement, Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtain ing replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one-half (10.5) hours before the services are called for shall result in the Contractor paying the minimum four (4) hours of seruice provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIil. CONTRACTOR SHALL ABIDE BY I-AWS AND SHALL NOT DISCRIMINATE. At all times during Kent's performance of this Agreement, Contractor shall abide by all laws and POLICE SERViCES AGREEMENT - 3 (Form verston: L/2or6) regulations appl¡cable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, díscriminate against any person in violation of any laws of the State of Washington or the United States, IX. INSURAilCE. Contractor shall at all times during Kent's performance of the services called for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police offìcer is perform¡ng seryices pursuant to this Agreement, XI. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of Kent 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. B. 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 pafties' 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 resolutíon 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 Kent's right to indemnification under Section V.B. of this Agreement. C. Written l{otice. 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. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assígning 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. E. 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 Kent and Contractor. F, Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT. 4 (Form Verslon: Ll20L6) verbal statements of any officer or other representative of Kent, 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 paft of this Agreement. However, should any language in any of the Exhibits or Attachments to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, Further, the representative signing this Agreement on behalf of Contractor swears and affirms that he or she is authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. Contractor agrees to comply with all federal, state, and munlcipal laws, rules, and regulations that are now effective or in the future become applicableto Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. CounterpaÊs. This Agreement may be executed in any number of counterpafts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITilESS' the part¡es below execute this Agreement, which shall become effective on the last date entered below. By (s¡gnature) Print Name:Michael F.cct. Its____ Ires!den!_ (utt") DATE:04-05-19 KENT; By (slgnature) Print Name: Rafael Padilla- DATE;ç/-l¿'¿ I NOTICES TO BE SENT TO: CONTRACTOR¡ Attn: Michael F. Tucci 4224 Waller Tacoma, WA 98443 (2s3) 922-6676 (telephone) 1253) 922-2676 (facsÍmlle) NOTICES TO BE SENT TO: CITY OF KENT: sgt.SGT Matt Stansfi City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 (telephone) (253) 856-6802 (facsimile) hEldMbþ!à rlBledffi.El<MmlÞh kr ffi À:ld f66ryWú& POLICE SERVICES AGREEMENT . 5 (Form Verslon: t/20f6) Client#:24/,51 TUCCSONS COVERAGES ACORD," CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NUMBER:REVISION NTJMBER: DATE (MM/DDTYYYY) 12t28t20't8 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 INSURANGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. TMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the pol¡cy, certain policies may require an endorsement. A statement on this cert¡ficate does not confer any r¡ghts to the certilicate holder in lieu of such endorsement(s). PRODUCER Propel lnsurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Christine Maden lilS nl r*'.800 499-0933 866 577-1326 christi linsurance.com INSURER(S} AFFORDING COVERAGE NAIC # tNsuRER A . Zur¡ch American lnsurance Gompany 1 6535 INSURED Tucci & Sons lnc 4224 Waller Road Tacoma, WA 98rt43 ¡NSURER B: Navigators lnsurance Company 42307 ¡NSURER c . AIG Specialty lnsurance Company 26883 INSURER D : INSURER E INSIIRER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIUED ABOVE FORTHE 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. INSR LTR ryPE OF INSURANCE POLICY NUMBER POLICY EFF IMM/DD¡YYYYI POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAI¡/lS-MADE X OCCUR X PD Ded: $10,000 GEN'L AGGREGATE LIMIT APPLIES PER: ,o,,., fiìlF"T [1.o" OTHÊR: GLO399266915 t1t0'U2019 01t01t202c EACH OCCURRENCE E 1 .000.000 DAMAGE TO RENTEDÞPFMIRFq /Fâ ô.ñr rrêñ^ê\s300.000 ¡rED ÊXP lAnv one oerson)s 10.000 PERSONAL & ADV INJURY s 1,000.000 GENERAL AGGRÊGATE s2.000.000 PRODUCTS - COMPiOP AGG s2,000.000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-O\Af{ED AUTOS ONLYXX 8AP399266815 )'U0112019 01to1t202c $1,000,000 BODILY INJURY (Per p€rson)$ BODILY INJURY (Per âccident)$ $ $ B UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE sF19EXC720942¡V )110'|.t2019 01t01t202c EACH OCCURRENCE E5.000.000 x AGGREGAIE s5.000.000 DED $ A WORKERS COMPENSATION AND EMPLOYERS' L|ABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE r- -:t oFFrcER/MEMBER EXCLUDED? LXI(Mandatory ln NH) lf ves, describe under DFScRIPTIoN oF oPERATIONS below N/A (WA Stop Gap) GLO399266915 tlt01t2019 01to1l202Q I PERlcrÀTr trF X OTH-FR Ê.1, EACH ACCIDENT s1.000.000 E L, DISEASE - EA EMPLOYEE s1.000.000 E.L, DISEASÉ - POLICY LIMIT s1,000,000 c Pollutíon Liability cP016715',|.7 ,1t01t2019 01t01t2020 $2,000,000 Occurrence $2,000,000 Aggregate DESCRpnoN OF OpERATTONS / LOCATTONS / VEHTCLES (ACORD l0l, Addit¡onal Remarks Schedule, may be attached lf more space ¡s requ¡red) RE: Operations performed by the Named lnsured / Officer Traffic Control. The City of Kent is additional insured per the attached endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTCE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Kent 220 4th Ave South Kent, WA 98032 ACORD 2s (2016to3) 1 ol 1 #s3489302/M3488647 @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KTROO This page has been left blank intentionally Additional Insured - Automatic - Owners, Lessees Or Contractors Ø ZURICH Policy No.Eff. Date of Pol Exp. Date of Pol.Eff. Date of End.Producer No.Add'l. Prem Return Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Named lnsured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Gommercial General Liability Coverage Part A. Section ll - Who ls An lnsured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by. '1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural orengineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. u-GL-1 175-F CW (04/13) Page 1 of 2 lncludes copyrighted material of lnsurance Services Offìce, lnc., with its perm¡ssion. C. The following is added to Paragraph 2. Duties ln The Event Of Occurrence, Offense, Claim Or Suit of Section lV - Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named lnsured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other lnsurance Condition of Section lV - Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named lnsured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other lnsurance Condition of Section lV - Commercial General Liabílity Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named lnsured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section lll - Limits Of lnsurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. u-GL-1 175-F CW (04/13) Page 2 of 2 lncludes copyrighted material of lnsurance Services Offìce, lnc., with its permiss¡on. Ø Waiver Of Subrogation (Blanket) Endorsement ZURICH THIS ENDORSEMENT CHANGES THf POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: Ifyou are required by a written contract or agreement, which is executed before a loss, to waive your rights ofrecovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW (12l0r) Page I of I Policy No.Eff. Date of Pol Exp. Date of Pol.Eff. Date ofEnd.Producer Add'I. Prem Return Prem GLO399266915 01to1t2019 01to1t2020 Prop€l lnsuranæ $q This page has been left blank intentionally Coverage Extension Endorsement Ø ZURICH Policy No.Eff. Date of Pol Exp. Date of Pol.Eff. Date of End.Producer No.Add'l. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Business Auto Goverage Form Motor Carrier Coverage Form A. Amended Who ls An lnsured 1. The following is added to the Who ls An lnsured Provision in Section ll - Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.l.a. and 4.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of lnsurance shown in the Declarations, whichever is less. 2. The following is added to the Other lnsurance Condítion in the Business Auto Coverage Form and the Other lnsurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment - Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section ll - Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. v-cA-424-F CW (04-14) Page 1 of 6 lncludes copyrighted material of lnsurance Services Offìce, lnc., with its perm¡ssion. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section ll - Govered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section ll - Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section lll - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section lV - Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Goverage Section: Lease Or Loan Gap Goverage ln the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Goverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph 4.3.a. of the Physical Damage Coverage Section: lf glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage - lncreased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: u-cA-424-F CW (04-14) Page 2 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permiss¡on. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. l. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: ('l) Personal property owned by an "insured"; and (2) ln or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (l ) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 8.4.a. of Section lll - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section lV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Goverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". u-cA-424-F CW (04-14) Page 3 of 6 lncludes copyrighted mater¡al of lnsurance Services Offìce, Inc., with its permission K. Airbag Coverage The Exclusion in Paragraph 8.3.a. of Section lll - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section lV - Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Goverage Section: lf an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "aLlto" on a per vehicle basis: 1. lf the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. lf the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage - Comprehensive Coverage - Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I - Covered Autos: Temporary Substitute Autos - Physical Damage lf Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Goverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. lf we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties ln The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties ln The Event Of Accident, Glaim, Suit Or Loss Condition is replaced by the following: a. ln the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any u-cA-424-F CW (04-14) Page 4 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with ¡ts permission agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. lnclude, as soon as practicable: (l) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. lf you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. O. Employee Hired Autos - Physical Damage Paragraph b. of the Other lnsurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other lnsurance - Primary and Excess lnsurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (l) Failto disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. S. Hired Auto - World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily lnjury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. u-cA-424-F CW (04-14) Page 5 of 6 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. U. Expected Or lntended lnjury The Expected Or lntended lnjury Exclusion in Paragraph B. Exclusions under Section ll - Covered Auto Liability Coverage is replaced by the following: Expected Or lntended lnjury "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. V. Physical Damage - Additional Temporary Transportation Expense Coverage Paragraph 4,4.a. of Section lll - Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Goverage of the Physical Damage Coverage Section: ln the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "aL¡to" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Goverage Section: lf a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same u-cA-424-F CW (04-14) Page 6 of 6 I lncludes copyrighted material of lnsurance Services Offìce, lnc., with its perm¡ssion