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HomeMy WebLinkAboutCAG2023-104 - Original - USAgain, LLC - 2023 Recycling Events - 02/21/2023Ap p r o v a l Originator:Department: Date Sent:Date Required: Director or Designee to Sign. Interlocal Agreement Uploaded to Website 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 Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached &,7<2).(17 5(&<&/,1*3$57,&,3$17$*5((0(17  7+,6$*5((0(17LVEHWZHHQ86$JDLQ//& ³3DUWLFLSDQW´ DQG7+(&,7<2).(17D:DVKLQJWRQ PXQLFLSDOFRUSRUDWLRQ ³&LW\´    7KHSDUWLHVDJUHHDVIROORZV   '(6&5,37,21  7KH 3DUWLFLSDQW DJUHHV WR SURYLGH WH[WLOH UHF\FOLQJ VHUYLFHV DW .HQW¶V  5HF\FOLQJ(YHQWVRQ0DUFKDW+RJDQ3DUN-XQHDW.HQW3KRHQL[$FDGHP\ 2FWREHUDW+RJDQ3DUNDQGHLJKWPLQLHYHQWV ³5HF\FOLQJ(YHQW´ 7KH5HF\FOLQJ(YHQW LVGHVFULEHGLQWKH6FRSHRI:RUNDWWDFKHGDV([KLELW$DQGLQFRUSRUDWHGE\WKLVUHIHUHQFH   &203(16$7,217KH&LW\ZLOOQRWSD\WKH3DUWLFLSDQWIRUSDUWLFLSDWLQJLQWKH5HF\FOLQJ(YHQW ,QOLHXRISD\PHQWIURPWKH&LW\WKH3DUWLFLSDQWPD\NHHSDQ\SURFHHGVLWJDLQVIURPUHF\FOLQJ WKHPDWHULDOVLWFROOHFWVDWWKH5HF\FOLQJ(YHQW   /2&$7,217KH&LW\ZLOOSURYLGHWKHORFDWLRQIRUWKH5HF\FOLQJ(YHQWDWLWVVROHFRVW  xMarch 4, 2023 at Hogan Park, 24400 Russell Road xJune 3, 2023 at Kent Phoenix Academy, 11000 SE 264th Street xOctober 14, 2023 at Hogan Park, 24400 Russell Road xMini events to be determined.   ,03266,%,/,7<2)3(5)250$1&(7KHSDUWLHVDJUHHWKDWWKH5HF\FOLQJ(YHQWVKDOOWDNH SODFHUDLQRUVKLQH7KH3DUWLFLSDQWVKDOOEHXQGHUQROLDELOLW\IRUIDLOXUHWRDSSHDULIWKLVIDLOXUHLV FDXVHGE\RUGXHWRDFWVRUUHJXODWLRQVRISXEOLFDXWKRULWLHVODERUGLIILFXOWLHVFLYLOWXPXOWVWULNH HSLGHPLFRULIVXFKIDLOXUHLVFDXVHGE\D³VXSHULRUIRUFH´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¶V SHUIRUPDQFHRIWKLV$JUHHPHQWH[FHSWIRUWKDWSRUWLRQRIWKHLQMXULHVDQGGDPDJHVFDXVHGE\WKH &LW\¶VQHJOLJHQFH  2/21/23Michael Mactutis Digitally signed by Michael Mactutis DN: cn=Michael Mactutis, o=City of Kent, ou=Public Works Department, email=mmactutis@kentwa.gov, c=US Date: 2023.02.21 15:14:14 -08'00' EXHIBIT A Scope of Work  usa ain use it again Tony, A Clothes Collection system First of all, I would like to thank you, and the City of Kent for the opportunity to be considered for performing as the textile collector at your upcoming events. On behalf of USAgain LLC, please accept the following scope of work for your consideration. Please let me know if you need anything else from us. Thank you. USAgain Scope of Work for the City of Kent's Recycle Collection Events: USAgain will collect textiles at the City of Kent Recycle Events on the following Saturdays, will be set up and ready for cars by 8:15 am with a truck large enough to accept the days items. At the following events, which will run from 9 am to 3 pm, our driver will be excused to leave once all cars have exited their area and the event has concluded. The events will include: - March 4 at Hogan Park — 24400 Russell Road - Kent, WA 98032 - June 3 at Kent Phoenix Academy — 11000 SE 264t" St - Kent, WA 98030 - October 14 at Hogan Park — 24400 Russell Road — Kent, WA 98032 In addition to the three large events, USAgain will also be available for up to eight mini recycle events, from 1:OOPM to 4:OOPM on weekdays in 2023, dates and locations yet to be determined. Our driver will be set up and ready for cars by 12:30 pm, and will leave once the event concludes and there are no cars remaining. In addition to all of the requirements of USAgain, we will be ready and willing for any extra service/help you may need from us. The work described above will be completed at no cost to the City of Kent. Please let me know if you need anything else. Thank you. Doug Willing Division Manager USAgain Seattle Division 651-327-9610 Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS FORSERVICE CONTRACTS 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.Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.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. 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. 3.Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B.Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C.Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 2.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. 3.The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the 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. INSR ADDLSUBRLTRINSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: 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) COMMERCIAL GENERAL LIABILITY 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 INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $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 LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED 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 any 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. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Continental Insurance Company Constitutional Casualty Company Continental Casualty Company American Casualty Company of Reading PA 7/22/2022 USI Insurance Services LLC 2021 Spring Road, Suite 100 Oak Brook, IL 60523 312 442-7200 Susan Koepke 309-743-3047 309-764-6321 susan.koepke@usi.com USAgain LLC 1555 W Hawthorne Ln Ste. 4W West Chicago, IL 60185 35289 11568 20443 20427 A X 7015126939 07/31/2022 07/31/2023 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 D X X Drive Oth Car XX 7015126942 07/31/2022 07/31/2023 1,000,000 B XX X 10,000 7015126925 07/31/2022 07/31/2023 5,000,000 C N 7015126908 07/31/2022 07/31/2023 X 1,000,000 1,000,000 1,000,000 RE: site ID 41743 The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. City of Kent 220 Fourth Avenue South Kent, WA 98032 1 of 1#S36796759/M36795410 USAGAINClient#: 1864086 MYPZP1 of 1#S36796759/M36795410 This page has been left blank intentionally. CNA PARAMOUNT General Liability ExtensionEndorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through K.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part;and (2)was executed prior to: (a)the bodily injury or property damage;or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization’s financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner’s liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured’s maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. 7015126939CNA74879XX(1-15)Policy No: 5Page2of13EndorsementNo: The Continental Insurance Co. 07/31/2022EffectiveDate: U'SAGAIN LLCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through K.below whom a Named Insured is required to add as an additional insured on this Coverage Partgq under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Partt;and (2)was executed prior to: (a)the bodily injury or property damagee;or (b)the offense that caused the personal and advertising injuryy, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurerjy will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through K.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. CNA PARAMOUNT General Liability ExtensionEndorsement E.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor’s real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver’s liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured’s ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. H.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision’s liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured’s behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision’s requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. 7015126939CNA74879XX(1-15)Policy No: 5Page3of13EndorsementNo: The Continental Insurance Co. 07/31/2022EffectiveDate: U'SAGAIN LLCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 00 0 2 0 0 0 3 9 7 0 1 5 1 2 6 9 3 9 2 0 1 8 CNA PARAMOUNT General Liability ExtensionEndorsement I.Trade Show Event Lessor 1.With respect to a Named Insured’s participation in a trade show event as an exhibitor,presenter or displayer,any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization’s liability for bodily injury,property damage or personal and advertising injury caused by: a.the Named Insured’s acts or omissions;or b.the acts or omissions of those acting on the Named Insured’s behalf, in the performance of the Named Insured’s ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. J.Vendor Any person or organization but only with respect to such person or organization’s liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business,provided that: 1.The coverage granted by this paragraph does not apply to: a.bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b.any express warranty unauthorized by the Named Insured; c.any physical or chemical change in any product made intentionally by such person or organization; d.repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; e.any failure to make any inspections,adjustments,tests or servicing that such person or organization 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; f.demonstration,installation,servicing or repair operations,except such operations performed at the such person or organization’s premises in connection with the sale of a product; g.products which,after distribution or sale by the Named Insured,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for such person or organization;or h.bodily injury or property damage arising out of the sole negligence of such person or organization 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: (1)the exceptions contained in Subparagraphs d.or f.above;or (2)such inspections,adjustments,tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This Paragraph J.does not apply to any insured person or organization,from whom the Named Insured has acquired such products,nor to any ingredient,part or container,entering into,accompanying or containing such products. 7015126939CNA74879XX(1-15)Policy No: 5Page4of13EndorsementNo: The Continental Insurance Co. 07/31/2022EffectiveDate: U'SAGAIN LLCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT General Liability ExtensionEndorsement 3.This Paragraph J.also does not apply: a.to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b.to any of your products for which coverage is excluded by endorsement to this Coverage Part;nor c.if bodily injury or property damage included within the products-completed operations hazard is excluded by endorsement to this Coverage Part. K.Other Person Or Organization Any person or organization who is not an additional insured under Paragraphs A.through J.above.Such additional insured is an Insured solely for bodily injury,property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured’s acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1.for bodily injury,property damage,or personal and advertising injury arising out of the rendering or failure to render any professional service; 2.for bodily injury or property damage included within the products-completed operations hazard;nor 3.who is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured. B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K.of this endorsement,the following sentence is added to the paragraph above: Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’s authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE 7015126939CNA74879XX(1-15)Policy No: 5Page5of13EndorsementNo: The Continental Insurance Co. 07/31/2022EffectiveDate: U'SAGAIN LLCInsuredName: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 00 0 2 0 0 0 3 9 7 0 1 5 1 2 6 9 3 9 2 0 1 9 ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE A.The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-g g g py contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2..,the additional insured's ownpp insurance means insurance on which the additional insured is a named insured. B.With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K.of thisppgqy endorsement,the following sentence is added to the paragraph above: Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided togygy such person or organization is excess of any other insurance available to such person or organization.