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HomeMy WebLinkAboutCAG2022-447 - Original - Rainier Youth Choirs - 2023 Community Arts Support Program: Spring Concert "We Are One" - 12/01/2022Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan RachApple Sup/Mgr: 4 Ronda Billerbeck Parks, Recreation & Community Services 11/18/2022 ASAP N/A 10006222.64190.4311 4 4 N/A Contract 1882021 Other 01/01/2023 Other 05/31/2023 4 4 4 $1,200.00 12/1/22 CONTRACTOR SERVICES AGREEMENT - 1 (Community Arts Funding Projects) CONTRACTOR SERVICES AGREEMENT between the City of Kent (Community Arts Support Grant Program) and Rainier Youth Choirs THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rainier Youth Choirs organized under the laws of the State of Washington, located and doing business at P.O. Box 9222, Covington WA 98042. (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will produce “We Are One – Spring Concert,” which will be open to the public and feature the full age range of Rainier Youth Choir singers. Day, Date, Year: May 2023 (public performance – exact date TBD) Event Location: Location TBD Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. COMPENSATION. The City shall pay Contractor the total sum of $1,200 (as part of the Community Arts Support Grant Program) for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than eight (8) weeks prior to the initial event date. All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent Arts Commission for its support of the event or project. Promotional credit must be clear and prominent. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. EVALUATION. The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City’s general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. VII. INDEMNIFICATION. Contractor 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. CONTRACTOR SERVICES AGREEMENT - 2 (Community Arts Funding Projects) VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor’s use in competition with City programs. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor 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. Contractor 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. XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor’s failure to comply with the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days written notice to Contractor. All costs incurred by the City due to Contractor’s failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor’s performance compared to the contracted performance schedule. XII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII 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 Contractor. 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. CONTRACTOR SERVICES AGREEMENT - 3 (Community Arts Funding Projects) H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: ________________________________ Print Name: _________________________ Its: ________________________________ DATE: ______________________________ CITY OF KENT: By: ________________________________ Print Name: __________________________ Its: ________________________________ DATE: ______________________________ NOTICES TO BE SENT TO: CONTRACTOR: Karen Fulmer Rainier Youth Choirs P.O. Box 9222 Covington, WA 98042 253-927-6814 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 (telephone) (253) 856-6050 (facsimile) ATTEST: Kent City Clerk Lori Hogan (Dec 1, 2022 15:47 PST) 12/1/2022 Lori Hogan Recreation and Cultural Services Supt Karen Fulmer (Dec 1, 2022 16:06 PST) Karen Fulmer Karen Fulmer Executive Director 12/1/2022 EEO COMPLIANCE DOCUMENTS - 1 (Community Arts Funding Projects) 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. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement 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. Dated this day of , 20___. By: ______________________________________________________ For: ______________________________________________________ Title: _____________________________________________________ Date: _____________________________________________________ Karen Fulmer (Dec 1, 2022 16:06 PST) Karen Fulmer 12/1/2022 Executive Director Rainier Youth Choirs 1st December 22 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, Contractors 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, Contractor 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, Contractors, 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. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20____. By: ______________________________________________________ For: ______________________________________________________ Title: _____________________________________________________ Date: _____________________________________________________ EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor’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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage 2. maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 3. The Contractor’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. 4. 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 contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/17/2022 24465 Rainier Youth Choirs Karen Fulmer PO BOX 9222 Covington, WA 98042 A 1,000,000 X CPP127199901 9/5/2022 9/5/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 STOP GAP 1,000,000 1,000,000A X CPP127199901 9/5/2022 9/5/2023 City of Kent 220 4th Ave S Kent, WA 98032 RAINYOU-01 TIRAHETA Pilkey, Hopping & Ekberg, Inc 2102 N Pearl St, Ste 102 Tacoma, WA 98406 Bailie Grahn bgrahn@pheinsurance.com Western National Assur Co X X X X X COMMERCIAL GENERAL LIABILITY CG MU 1078 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured – Broad Form Vendors Included Additional Insured – Lessor Of Leased Equipment Included Additional Insured – Managers Or Lessors Of Premises Included Additional Insured – State Or Political Subdivisions – Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) – General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability – Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability – Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included CG MU 1078 06 22 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG MU 1078 06 22 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I.Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for “bodily injury” or “property damage” liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II.Damage To Premises Rented To You Under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to “Property Damage” to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1.The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2.$300,000 Under Section III – LIMITS OF INSURANCE, paragraph 6. does not apply. III.Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A & B, are revised as fol- lows: 1.In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2.In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV.Medical And Dental Payments Under SECTION I – COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1.The Medical Payments Limit is changed to the greater of: a.$10,000; or b.The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2.The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V.Broad Form Property Damage Under SECTION I – COVERAGE A, Exclusion 2.j. is amended as follows: 1.Paragraph (3) does not apply. 2.Paragraphs (4) and (6) do not apply to customer’s property at your described premises. We do not cover any property: 1.Subject to motor vehicle registration; or 2.While being used to perform construction operations. Our limit for any one “occurrence” under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 06 22 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI.Occupational License Review Expense The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the “insured” for reasonable and necessary covered expenses, as listed below, incurred and paid by the “insured” as a direct result of a “occupational license review”, conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the “coverage territory”. a.Covered Expenses include: (1)Fees and expenses of any licensed independent investigative services or legal counsel, hired by the “insured” for the purpose of assisting or representing the “insured” at the “occupa- tional license review”; and (2)Costs of travel, accommodations, and meals incurred by the “insured” in order to appear be- fore the governmental bureau, board, commission or department. b.Exclusions This coverage will not pay for: (1)Hearing fees; or (2)Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the “occupational license review”; or (3)Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the “insured”, any director or officer of the “insured”, or agents thereof, whether acting alone or in collusion with others; or (4)Lost salary or wages claimed by or for any “insured” while preparing for or attending the “occupational license review”. 2.For the purposes of the coverage provided by this provision, SECTION III – LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a.The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of “insureds” reviewed or subject to the “occupational license review”. b.The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c.In the event that the “occupational license review” continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d.In no event will any expense claimed for an “occupational license review” be recoverable as ex- pense for another “occupational license review”. e.The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3.For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: a.In the event of a “occupational license review” during the policy period, the “insured” will: (1)Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the “occupational license review”; (2)Provide us with the official report of the “occupational license review”; and (3)Provide us with documentation, including receipts, for expenses claimed under this cover- age. b.The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 06 22 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4.For the purposes of the coverage provided by this provision, the following are added under SEC- TION V – DEFINITIONS: a.“Insured” as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. “Insured” does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. “Insured” only includes natural persons. b.“Occupational license review” means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the “insured’s” occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the “insured’s” occupational license or involving disciplinary action against the “insured”, in- cluding proceedings to impose a forfeiture or penalty; but “occupational license review” does not include a proceeding concerning any criminal or civil charge brought against the “insured”. VII.Abduction The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or “Guardian(s)” as a direct result of an “abduction” occurring during the policy period and in the “coverage Territory”, provided that such “abduction” is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a.Up to fourteen (14) days after the recovery of the “Covered Individual(s)”; or b.Discovery of the death of the “Covered Individual(s)”; or c.Twelve (12) months after the date of the “abduction”. Covered Expenses include the following incurred expenses: a.Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b.Reward to an “Informant” for information leading to the recovery of the “Covered Individual(s)” and the arrest and conviction of the party(ies) responsible for the “abduction”; and c.Fees and expenses of independent forensic analysts engaged by the insured or “Guardian(s)” with prior authorization from us; and d.Fees and expenses of public relations consultants to assist in the location of the “Covered Indi- vidual(s)”; and e.Publicity costs incurred solely and directly to assist in the resolution of an “abduction”; and f.Costs of travel and accommodations incurred by the insured or “Guardian(s) while attempting to resolve an “abduction”; and g.Rest and rehabilitation expenses including travel, lodging and meals of the “Covered Individual(s)” and “Guardian(s)” incurred by the “Guardian(s)” and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h.Lost salary of “Guardian(s)”, which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the “Guardian(s)” would normally have earned; and i.Fees for psychological or psychiatric counseling for the benefit of “Guardian(s)”, or siblings of the “Covered Individual(s)” beginning on the date of recovery of the “Covered Individual(s)”, until the earliest of the following: (1)Up to three (3) months after the recovery or discovery of the death of the “Covered Individ- ual(s)”; or (2)Twelve (12) months after the date of the “abduction”; and CG MU 1078 06 22 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j.Fees for psychological or psychiatric counseling for the benefit of “Covered Individual(s)” begin- ning on the date of recovery of the “Covered Individual(s)” and continuing up to twelve (12) months thereafter; and k.Medical services and hospitalization costs incurred for the “Covered Individual(s)” as a result of the “abduction” beginning on the date of recovery of the “Covered Individual(s)” and continuing up to twelve (12) months thereafter; and l.Funeral and burial expenses of “Covered Individual(s)” resulting from an “abduction”. 2.Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a.The fraudulent, dishonest, or criminal acts of any “Insured”, any director or officer of the “In- sured”, parents or “Guardian(s)” or agents thereof, whether acting alone or in collusion with others; or b.Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hear- ings or lawsuits arising out of the “abduction”; or c.Payment of any “ransom” or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III – LIMITS OF IN- SURANCE is amended as follows: 1.The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bring “suits”. 2.The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act er- ror or event or a series of related acts, errors or events shall be treated as arising out of one “ab- duction”. However we will not pay for any loss resulting from an “abduction” which is part of a ser- ies of related acts that began prior to the effective date of this insurance. 3.In no event will any expense claimed, incurred or paid under one “abduction” be recoverable under another “abduction”. 4.The “abduction” limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5.We will not pay for loss in any one “abduction” until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 1.In the event of an “abduction” during the Policy Period, the “Insured” will make every reasonable effort to: (a)Determine that the “abduction” has actually occurred prior to incurring costs; and (b)Give immediate oral and written notice to us with periodic and timely updates concurrent with activ- ity occurring during the incident; and (c)Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2.Confidentiality The “Insured” will use all reasonable efforts not to disclose the existence of this Endorsement. 3.Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 06 22 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4.Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5.Due Diligence You and every insured or “guardian” must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V – DEFINITIONS: 1.“Abduction” means the wrongful and illegal seizure of a “Covered Individual(s)”, by someone oth- er than a “Guardian(s)” or an agent thereof, from the “premises” of the insured or on any other premises while such “Covered Individual(s)” are under the control of the insured occurring during the policy period. “Abduction” as used in this endorsement does not include the actions of any of- ficial acting within their lawful authority. 2.“Covered Individual(s)” means individual(s) under the care, custody and control of the insured. 3.“Informant” means any person, other than a “Covered Individual”, providing information not other- wise obtainable solely in return for a reward offered by the insured. 4.“Guardian(s)” means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a “Covered Individual(s)” regardless of who has legal custody. 5.“Premises” means any place the insured conducts business. 6.“Ransom” means a consideration paid or demanded for the release of a “Covered Individual(s)” from captivity. VIII.Property Damage Liability – Elevators And Sidetrack Agreements The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2.Exclusion k. does not apply to: a.The use of elevators; or b.Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENER- AL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX.Designated Location(s)-General Aggregate Limit The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single designated “loca- tion” shown in the Declarations: a.A separate Designated Location General Aggregate Limit applies to each designated “location”, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b.The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or property dam- age” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C regardless of the number of: (1)Insureds; (2)Claims made or “suits” brought; or (3)Persons or organizations making claims or bringing “suits”. CG MU 1078 06 22 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c.Any payments made under COVERAGE A, for damages or under COVERAGE C for medical ex- penses shall reduce the Designated Location General Aggregate Limit for that designated “loca- tion”. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other des- ignated “location” also shown in the Declarations. d.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Ag- gregate Limit. 2.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated “lo- cation” shown in the Declarations: a.Any payments made under COVERAGE A for damages or under COVERAGE C for medical ex- penses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b.Such payments shall not reduce any Designated Location Aggregate Limit. 3.When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “prod- ucts-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4.The following is added under SECTION V – DEFINITIONS “Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5.The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X.Property Damage Liability – Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the “property damage” occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III – LIMITS OF INSURANCE, the maximum limit in any one oc- currence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to you, and SECTION IV – COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 4. Other Insurance is changed accordingly. XI.Additional Insureds By Written Contract A.SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person or organization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1.Currently in effect or becoming effective during the term of this policy; and 2.Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”. B.The insurance provided to the additional insured applies as follows: 1.That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a)Premises you own, rent, lease, or occupy or (b)Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2.The limits of insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations of this policy whichever is less. These limits of insur- ance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 06 22 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C.With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1.If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to “bodily injury”, “property damage”, “personal and advertising injury” arising out of the render- ing of or the failure to render any professional services by or for you, including: (a)The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b)Supervisory, inspection, architectural or engineering activities. 2.The insurance afforded the additional insured does not apply to: (a)“Bodily injury” or “property damage” occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontrac- tor engaged in performing operations for a principal as part of the same project. XII.Additional Insured – State or Political Subdivisions – Permits The following is added to SECTION II – WHO IS AN INSURED: 1.Any state or political subdivision which has issued a permit to you, subject to the following provi- sions: a.This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authoriza- tion. b.This insurance does not apply to: (1)“Bodily injury”, “property damage”, “personal and advertising injury” arising out of opera- tions performed for the federal government, state or municipality; or (2)“Bodily injury’ or “property damage” included within the “products-completed operations hazard”. XIII.Additional Insured – Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1.Any manager or lessor of premises shown in the Declarations is also an insured, but only with re- spect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1.This insurance does not apply to: a.Any "occurrence" which takes place after you cease to be a tenant in that premises. b.Structural alterations, new construction or demolition operations performed by or on behalf of any manager or lessor of premises shown in the Declarations. XIV.Additional Insured – Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1.The person(s) or organization(s) who leases equipment to you for use in your business is also an in- sured, but only with respect to liability for “bodily injury”, “property damage”, “personal and advertisin g injury” caused, in whole or in part, by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c.Does not apply to any “occurrence” which takes place after the equipment lease expires; 2.With respect to the insurance afforded to the Lessor, the following additional exclusions apply: “Bodily injury” or “property damage” arising out of: (1)The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; CG MU 1078 06 22 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2)Any express warranty made by the Lessor; (3)The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4)The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employ- ees or anyone else acting on its behalf; or (5)Any failure on the part of the Lessor to provide information, instructions and/or warnings with re- spect to the maintenance, use or operation of the equipment. XV.Additional Insured – Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1.Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distrib- uted or sold in the regular course of a vendor’s business, subject to the following additional exclu- sions: a.The insurance afforded the vendor does not apply to: (1)“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2)Any express warranty unauthorized by you; (3)Any physical or chemical change in the product made intentionally by the vendor; (4)Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original container; (5)Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; (6)Demonstration, installation, servicing or repair operations, except such operations per- formed at the vendor’s premises in connection with the sale of the product. (7)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8)“Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a)The exceptions contained in Sub-Paragraphs (4) or (6); or (b)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b.This insurance does not apply to any insured person or organization, from whom you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. c.This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d.This provision does not apply if “bodily injury” or “property damage” included within the “products-complete hazards” is excluded either by the provisions of the Coverage Part or by endorsement. XVI.Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these “employees” or “volunteer workers” are insureds for “bodily injury” or “per- sonal and advertising injury”: (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-“employee” while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of the co-“employee” or “volunteer worker” as a consequence of Paragraph (1)(a) above; CG MU 1078 06 22 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for “bodily injury” or “personal and advertising injury” to any co-“employee” or other ”volunteer worker” arising out of and in the course of the co-“employee’s” or “volunteer worker’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-“employee” or other “volunteer worker”, is brought against you or a co-“employee” or a “volunteer worker”, we will reimburse the reasonable costs that you incur in providing a defense to the co-“employee” or “volunteer worker” against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII.Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an “occurrence” or offense applies only when the “occurrence” or offense is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.A member, if you are a joint venture; 4.An “Executive Officer” or insurance manager, if you are a corporation; or 5.A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or “suit” will not be considered breached unless the breach occurs after such claim or “suit” is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.A member, if you are a joint venture; 4.An “Executive Officer” or insurance manager, if you are a corporation; or 5.A member, if you are a limited liability company. If you report an accident to your Workers’ Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has de- veloped into a liability claim. XVIII.Unintentional Failure To Disclose Hazards Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1.The statements in the Declarations are accurate and complete; 2.Those statements are based upon representations you made to us; and 3.We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. CG MU 1078 06 22 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX.Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and include in the “products – completed operations hazard” when you have waived such right of recovery under a written contract with that person or organiza- tion. Such written contract must be: 1.Currently in effect or becoming effective during the term of this policy; and 2.Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”; or 3.Executed after “bodily injury”, “property damage”, “personal and advertising injury” if: a.The terms and conditions of the written contract or written agreement had been agreed upon prior to the “bodily injury”, “property damage”, “personal and advertising injury”; and b.The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon pri- or to the “bodily injury”, “property damage”, “personal and advertising injury”. XX.Insured Contract SECTION V – DEFINITIONS, “Insured Contract” paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”. XXI.Mobile Equipment The following is added under SECTION V – DEFINITIONS, 12. “Mobile Equipment”: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP – EMPLOYERS LIABILITY COVERAGE ENDORSEMENT – WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $Each Accident Bodily Injury By Disease $Aggregate Limit Bodily Injury By Disease $Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.The following is added to Section I - Cover- ages: COVERAGE - STOP GAP - EMPLOYERS LIABIL- ITY 1.Insuring Agreement a.We will pay those sums that the in- sured becomes legally obligated by Washington Law to pay as damages because of "bodily injury by accident" or "bodily injury by disease" to your "employee" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any accident and settle any claim or "suit" that may result. But: (1)The amount we will pay for dam- ages is limited as described in Sec- tion III - Limits Of Insurance; and (2)Our right and duty to defend end when we have used up the appli- cable limit of insurance in the pay- ment of judgments or settlements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b.This insurance applies to "bodily injury by accident" or "bodily injury by dis- ease" only if: (1)The: (a)"Bodily injury by accident" or "bodily injury by disease" takes place in the "coverage terri- tory"; (b)"Bodily injury by accident" or "bodily injury by disease" arises out of and in the course of the injured "employee's" employ- ment by you; and (c)"Employee", at the time of the injury, was covered under a worker's compensation policy and subject to a "workers com- pensation law" of Washington; and (2)The: (a)"Bodily injury by accident" is caused by an accident that oc- curs during the policy period; or (b)"Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employ- ee's" last day of last exposure to the conditions causing or ag- gravating such "bodily injury by disease" occurs during the poli- cy period. CG 04 42 11 03 Copyright, ISO Properties, Inc., 2003 Page 1 of 4 CPP 1271999 01 1,000,000 1,000,000 1,000,000 c.The damages we will pay, where recov ery is permitted by law, include dam- ages: (1)For: (a)Which you are liable to a third party by reason of a claim or "suit" against you by that third party to recover the damages claimed against such third party as a result of injury to your "employee"; (b)Care and loss of services; and (c)Consequential "bodily injury by accident" or "bodily injury by disease" to a spouse, child, par- ent, brother or sister of the in- jured "employee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "em- ployee's" employment by you; and (2)Because of "bodily injury by acci- dent" or "bodily injury by disease" to your "employee" that arises out of and in the course of employ- ment, claimed against you in a capacity other than as employer. 2.Exclusions This insurance does not apply to: a.Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggravated by you, or "bodily injury by accident" or "bodily injury by dis- ease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to oc- cur. b.Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or authority. c.Statutory Obligations Any obligation of the insured under a workers' compensation, disability bene- fits or unemployment compensation law or any similar law. d.Contractual Liability Liability assumed by you under any contract or agreement. e.Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in vi- olation of law with your actual knowl- edge or the actual knowledge of any of your "executive officers". f.Termination, Coercion Or Discrimination Damages arising out of coercion, criti- cism, demotion, evaluation, reassign- ment, discipline, defamation, harass- ment, humiliation, discrimination against or termination of any "employ- ee", or arising out of other employment or personnel decisions concerning the insured. g.Failure To Comply With "Workers Com- pensation Law" "Bodily injury by accident" or "bodily injury by disease" to an "employee" when you are: (1)Deprived of common law defenses; or (2)Otherwise subject to penalty; because of your failure to secure your obligations or other failure to comply with any "workers compensation law". h.Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any person: (1)Knowingly employed by you in vio- lation of any law as to age; or (2)Under the age of 14 years, regard- less of any such law. i.Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1)The Federal Employer's Liability Act (45 USC Section 51-60); (2)The Non-appropriated Fund Instru- mentalities Act (5 USC Sections 8171-8173); (3)The Longshore and Harbor Work- ers' Compensation Act (33 USC Sections 910-950); (4)The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); (5)The Defense Base Act (42 USC Sections 1651-1654); Page 2 of 4 Copyright, ISO Properties, Inc., 2003 CG 04 42 11 03 (6)The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sec- tions 901-942); (7)The Migrant and Seasonal Agricul- tural Worker Protection Act (29 USC Sections 1801-1872); (8)Any other workers compensation, unemployment compensation or disability laws or any similar law; or (9)Any subsequent amendments to the laws listed above. j.Punitive Damages Multiple, exemplary or punitive dam- ages. k.Crew Members "Bodily injury by accident" or "bodily injury by disease" to a master or mem- ber of the crew of any vessel or any member of the flying crew of an air- craft. B.The Supplementary Payments provisions apply to Coverage - Stop Gap Employers Liability as well as to Coverages A and B. C.For the purposes of this endorsement, Section II - Who Is An Insured, is replaced by the fol- lowing: If you are designated in the Declarations as: 1.An individual, you and your spouse are in- sureds, but only with respect to the con- duct of a business of which you are the sole owner. 2.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your busi- ness. 3.A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. 4.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive of- ficers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also in- sureds, but only with respect to their lia- bility as stockholders. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D.For the purposes of this endorsement, Section III - Limits Of Insurance, is replaced by the fol- lowing: 1.The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2.The "Bodily Injury By Accident" - Each Ac- cident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance be- cause of "bodily injury by accident" to one or more "employees" in any one accident. 3.The "Bodily Injury By Disease" - Aggregate Limit shown in the Schedule of this en- dorsement is the most we will pay for all damages covered by this insurance and arising out of "bodily injury by disease", re- gardless of the number of "employees" who sustain "bodily injury by disease". 4.Subject to Paragraph D.3. of this endorse- ment, the "Bodily Injury By Disease" - Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by disease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any re- maining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the addi- tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E.For the purposes of this endorsement, Con- dition 2. - Duties In The Event Of Occurrence, Claim Or Suit of the Conditions Section IV is deleted and replaced by the following: 2.Duties In The Event Of Injury, Claim Or Suit a.You must see to it that we or our agent are notified as soon as practicable of a "bodily injury by accident" or "bodily injury by disease" which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "bodily injury by accident" or "bodily injury by disease" took place; (2)The names and addresses of any in- jured persons and witnesses; and CG 04 42 11 03 Copyright, ISO Properties, Inc., 2003 Page 3 of 4 (3)The nature and location of any in- jury. b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2)Notify us as soon as practicable. You must see to it that we receive writ- ten notice of the claim or "suit" as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the injury, claim, proceeding or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us and assist us, as we may request, in the investiga- tion or settlement of the claim or defense against the "suit"; (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured be- cause of injury to which this insur- ance may also apply; and (5)Do nothing after an injury occurs that would interfere with our right to recover from others. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. F.For the purposes of this endorsement, Para- graph 4. of the Definitions Section is replaced by the following: 4."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c.All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico, or Canada, in a suit on the merits according to the substantive law in such territory, or in a settlement we agree to. G.The following are added to the Definitions Sec- tion: 1."Workers Compensation Law" means the Workers Compensation Law and any Occu- pational Disease Law of Washington. This does not include provisions of any law pro- viding non-occupational disability benefits. 2."Bodily injury by accident" means bodily in- jury, sickness or disease sustained by a person, including death, resulting from an accident. A disease is not "bodily injury by accident" unless it results directly from "bodily injury by accident". 3."Bodily injury by disease" means a disease sustained by a person, including death. "Bodily injury by disease" does not include a disease that results directly from an acci- dent. H.For the purposes of this endorsement, the defi- nition of "bodily injury" does not apply. Page 4 of 4 Copyright, ISO Properties, Inc., 2003 CG 04 42 11 03 Signature: Email: Melissa McCormick (Dec 1, 2022 16:56 PST) Melissa McCormick cityclerk@kentwa.gov CASP_RYC_Contract Final Audit Report 2022-12-02 Created:2022-11-18 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAM03ohhSNlBnYPoXFtQubiO3VrRbkWqAO "CASP_RYC_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2022-11-18 - 8:22:39 PM GMT- IP address: 146.129.252.126 Document emailed to lhogan@kentwa.gov for signature 2022-11-18 - 8:27:27 PM GMT Email viewed by lhogan@kentwa.gov 2022-12-01 - 11:43:31 PM GMT- IP address: 146.129.252.126 Signer lhogan@kentwa.gov entered name at signing as Lori Hogan 2022-12-01 - 11:47:40 PM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2022-12-01 - 11:47:42 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Karen Fulmer (execdir@rainieryouthchoirs.org) for signature 2022-12-01 - 11:47:44 PM GMT Email viewed by Karen Fulmer (execdir@rainieryouthchoirs.org) 2022-12-01 - 11:49:27 PM GMT- IP address: 73.225.203.113 Document e-signed by Karen Fulmer (execdir@rainieryouthchoirs.org) Signature Date: 2022-12-02 - 0:06:25 AM GMT - Time Source: server- IP address: 73.225.203.113 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-12-02 - 0:06:27 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-12-02 - 0:19:00 AM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-12-02 - 0:19:10 AM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2022-12-02 - 0:19:11 AM GMT Email viewed by cityclerk@kentwa.gov 2022-12-02 - 0:53:46 AM GMT- IP address: 146.129.252.126 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2022-12-02 - 0:56:06 AM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-12-02 - 0:56:08 AM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-12-02 - 0:56:08 AM GMT