Alameda City Council
July 5, 2023

Rise Housing Solutions 1 Service Provider Agreement
Version 05-10-23

SERVICE PROVIDER AGREEMENT
This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ____ day of _________ 2023 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and Rise Housing Solutions, a California corporation, whose address is 1990 N. California Blvd., Suite 20 PMB 1074, Walnut Creek, CA 9 4596 (the “Provider”), in reference to the following facts and circumstances:

RECITALS
A. The City is a municipal corporation duly organized and validl y existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. The City is in need of the following services: Inclusionary H ousing Program Management and Compliance Services. The Provider was selected on a sole source basis because of limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations, or other valid reasons for waiving competitive bids.

C. Provider possesses the skill, experience, ability, background , certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

D. Whereas, the City Council authorized the City Manager to exec ute this agreement on July 5, 2023.

E. The City and Provider desire to enter into an agreement for i nclusionary housing program management and compliance services, upon the terms and conditions herein.

AGREEMENT
NOW, THEREFORE, in consideration of the forgoing, which are inc orporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:

1. TERM:

The term of this Agreement shall commence on the _____ day of _______ 2023, and shall terminate on the ____ day of ____________ 2024, unless terminated earlier as set forth herein.

The parties may agree to extend the term of this Agreement on a year-by-year basis, for up to four (4) additional years. Any extension shall be documented in a signed amendment. In the event that the parties agree to extend the Agreement, all p rovisions of the Agreement shall remain unchanged.

2. SERVICES TO BE PERFORMED:

Provider agrees to do all necessary work at its own cost and ex pense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included 






















 
 









 

 

Rise Housing Solutions 2 Service Provider Agreement
Version 05-10-23
in Exhibit A as requested. Provider acknowledges that the work p lan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.

3. COMPENSATION TO PROVIDER:
a. By the 7 th day of each month, Provider shall submit to the City an invoic e for the total amount of work done the previous month. Pricing and acco unting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference. b. Compensation for this contract shall not exceed $60,000 per y ear, for a total five- year compensation not to exceed $300,000. Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

4. TIME IS OF THE ESSENCE:

Provider and the City agree that time is of the essence regardi ng the performance of this Agreement.

5. STANDARD OF CARE:

Provider agrees to perform all services hereunder in a manner c ommensurate with the prevailing standards of like professionals or service providers, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qua lified and experienced personnel who are not employed by the City.

6. INDEPENDENT PARTIES:

Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limite d to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an em ployer-employee relationship from any compensation due to Provider. Payments of the above i tems, if required, are the responsibility of Provider.

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Provider assumes any and all responsibility for verifying the i dentity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.

8. NON-DISCRIMINATION:

Consistent with the City ’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall 






















 
 









 

 

Rise Housing Solutions 3 Service Provider Agreement
Version 05-10-23
not harass or discriminate against any job applicant, City emp loyee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, di sability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemni fy, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of t he operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or wil lful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.

Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnities shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City ’s Risk Manager with certificates showing the type, amount, class of operation s covered, effective dates and dates of expiration of insurance coverage in compliance with Sections

10.b. (1) through (5). The Certificate Holder should be The Ci ty of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate b e canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days ’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the perfor mance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less 






















 
 









 

 

Rise Housing Solutions 4 Service Provider Agreement
Version 05-10-23
than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insura nce certificate for the duration of the term of Agreement. Endorsements naming the City, its City Coun cil, boards, commissions, officials, employees, agents, and volunteers as additional insu red shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:

Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers ’ Compensation:

Statutory coverage as required by the State of California, as w ell as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy endorsements pages. Additi onal Insured Endorsement naming the City, its City Council, boards, commissi ons, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:

Comprehensive automobile liability coverage (any auto) in the f ollowing minimum limits:

Bodily injury:

Property Damage:
$00,000 each occurrence
$00,000 each occurrence
or
Combined Single Limit: $ ,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. 























 
 









 

 

Rise Housing Solutions 5 Service Provider Agreement
Version 05-10-23
(4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider ’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$ 2 ,000,000 each claim
(5) Cyber Liability:

Coverage shall be sufficiently broad to respond to the duties and obligations as are undertaken by Provider in this Agreement and shall inclu de, but not be limited to, claims involving infringement of intellectual prope rty, copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic i nformation, release of private in formation, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations with the following minimum limits:
$2,000,000 per occurrence or claim.

Technology professional liability errors and omissions shall in clude, or be endorsed to include, property damage liability coverage for dam age to, alteration of, loss of, or destruction of electronic data and/or informati on “property” of the City in the care, custody, or control of Provider. If not cover ed under Provider’s liability policy, such “property” coverage of the City may be endorsed onto Provider’s Cyber Liability Policy as covered property as follows: cyber l iability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.

As to commercial general liability and automobile liability in surance, such insurance will provide that it constitutes primary insurance with respect to c laims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider ag rees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:























 
 









 

 

Rise Housing Solutions 6 Service Provider Agreement
Version 05-10-23
If Provider at any time during the term hereof should fail to s ecure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, emp loyees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be e ntitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional i nsured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured coverage under Provider’s policy shall be primary and non -contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum ins urance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The cove rage and limits shall be (1) th e minimum coverage and limits specified in this Agreement; or (2) the broader coverage and ma ximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted.

11. CONFLICT OF INTEREST:

Provider warrants that it is not a conflict of interest for Pr ovider to perform the services required by this Agreement. Provider may be required to fill o ut a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.
























 
 









 

 

Rise Housing Solutions 7 Service Provider Agreement
Version 05-10-23

12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law o r otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desire d transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any a ssignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of t he issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.

Control means fifty percent or more of the voting power of Provider.

13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub- providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub-provider shall be required to furnish proof of worker s’ compensation insurance and shall also be required to carry general, automobi le and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub-providers s hall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.

14. PERMITS AND LICENSES:

Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.

15. REPORTS:
a. Each and every report, draft, work product, map, record and oth er document produced, prepared or caused to be prepared by Provider pursuan t to or in connection with this Agreement shall be the exclusive property of the City.























 
 









 

 

Rise Housing Solutions 8 Service Provider Agreement
Version 05-10-23
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any indiv idual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.

16. RECORDS:
a. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the C ity that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow insp ection of all proceedings and activities related to this Agreement. Such Records, together w ith supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessar y due to concerns raised by the City ’s preliminary examination or audit of records, and the City ’s supplemental examination or audit of the records discloses a failure to adhe re to appropriate internal financial controls, or other breach of this Agreement or failure to act i n good faith, then Provider shall reimburse the City for all reasonable costs and expenses associ ated with the supplemental examination or audit.

17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or wi th delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlie r to occur of: (x) actual delivery or the date on wh ich delivery is refused; or (y ) three (3) days after notice is deposited in the U.S. mail or with a courier service in the man ner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address. d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:























 
 









 

 

Rise Housing Solutions 9 Service Provider Agreement
Version 05-10-23
City of Alameda
Community Development Department
950 W. Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: Lisa Fitts
Ph: (510) 747-6890
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:

Rise Housing Solutions
1990 N. California Blvd.

Suite 20 PMB 1075
Walnut Creek, CA 94596
ATTENTION: Matt Warner / President
Ph: (415) 301-5448
f. All updated insurance certificates from Provider to the City shall be addressed to the City at:

City of Alameda
Community Development Department
950 W. Mall Square, Suite 205
Alameda, CA 94501
ATTENTION: Danielle Sullivan
Email: [email protected]

18. SAFETY:
a. Provider will be solely and completely responsible for conditio ns of all vehicles owned or operated by Provider, including the safety of all pers ons and property during performance of the services and tasks under this Agreement. Th is requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of La bor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occ urs in connection with the performance of this Agreement. Provider will promptly submit t o the City a written report of all incidents that occur in connection with this Agreement. This r eport must include the following information: (i) name and address of injured or deceased person (s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. TERMINATION:























 
 









 

 

Rise Housing Solutions 10 Service Provider Agreement
Version 05-10-23
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obl igation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.

20. ATTORNEYS’ FEES:

In the event of any litigation, including administrative procee dings, relating to this Agreement, including but not limited to any action or suit by a ny party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

21. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the City shall have the right to imp ose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

22. COMPLIANCE WITH ALL APPLICABLE LAWS:

During the term of this Agreement, Provider shall keep fully in formed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any j urisdiction or authority over the same. Provider shall comply with all applicable laws, state an d federal and all ordinances, rules and regulations enacted or issued by the City.

23. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the par ties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisd iction over this Agreement (or the 






















 
 









 

 

Rise Housing Solutions 11 Service Provider Agreement
Version 05-10-23
successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.

24. WAIVER:

A waiver by the City of any breach of any term, covenant, or co ndition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

25. INTEGRATED CONTRACT:

Subject to the language of Section 30, the Recitals and exhibit s are a material part of this Agreement and are expressly incorporated herein. This Agreemen t represents the full and complete understanding of every kind or nature whatsoever betwe en the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or n ature are merged herein. No verbal agreement or implied covena nt shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.

26. CAPTIONS:

The captions in this Agreement are for convenience only, are no t a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

27. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (i ncluding by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

28. SIGNATORY:

By signing this Agreement, signatory warrants and represents th at they executed this Agreement in their authorized capacity and that by their signat ure on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.

29. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.

30. NONDISCRIMINATION – FEDERAL REQUIREMENTS:
a. Provider certifies and agrees that it will not discriminate aga inst any employee or applicant for employment because of race, color, religion, nati onal origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F. R. Section 60-741, et seq.), in accordance with requirement of state or federal law. Provider shall take affirmative action to 






















 
 









 

 

Rise Housing Solutions 12 Service Provider Agreement
Version 05-10-23
ensure that qualified applicants are employed and that employee s are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following:
(1) Employment upgrading, demotion, transfer, recruitment or recrui tment advertising, layoff or termination, rates of pay or other forms of compensation.

(2) Selection for training, includi ng interns and apprentices.

A. Provider agrees to post in conspicuous places in each of Provid er’s facilities providing services hereunder, available and open to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

B. Provider shall, in all solicitations or advertisements for empl oyees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to rac e, color, religion, national origin, ancestry, sex, age, or condit ion of physical or mental handicap, in accordance with requirements of state and federal law.

C. Provider shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers ’ representative of Provider’s commitments under this paragraph.

D. Provider certifies and agrees that it will deal with its subcontractors, bidders, or vendors without regard to race, color, religion, na tional origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law.

E. In accordance with applicable state and federal law, Provider s hall allow duly authorized county, state and federal representatives access to its employment records during regular business hours in order to verify compliance with the anti-discrimination provisi ons of this paragraph. Provider shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph.
b. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which the City may determine to cancel, terminate, or suspend this Agreement. The City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commi ssion or the Federal Equal 






















 
 









 

 

Rise Housing Solutions 13 Service Provider Agreement
Version 05-10-23
Employment Opportunity Commission that Provider has violated st ate and federal anti- discrimination laws shall constitute a finding by the City that Provider has violated the anti- discrimination provisions of Agreement.

c. The parties agree that in the event Provider violates any of th e anti-discrimination provisions of this paragraph, the City shall be entitled, at its option, to the sum of $500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement.

d. Provider hereby agrees that it will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requiremen ts imposed by the applicable regulations, and all guidelines and interpretations issued purs uant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimina tion under any program or activity of Provider receiving Federal Financial Assistance. In additio n, Provider shall comply with the Uniform Federal Accessibility Standards, and Provider, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards.

e. Provider’s attention is directed to laws, including but not limited to:

(1) CIVIL RIGHTS/EQUAL OPPORTUNITY

A. Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied t he benefits of, or be subjected to discrimination under any progra m or activity receiving Federal financial assistance.

B. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

C. Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwis e qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act.
(2) PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH

DISABILITIES























 
 









 

 

Rise Housing Solutions 14 Service Provider Agreement
Version 05-10-23
This Agreement is subject to laws and regulations concerning th e rights of otherwise qualified individuals with handicaps for equal partic ipation in, and benefit from federally assisted programs and activities, including but not limited to:

A. Americans with Disabilities Act of 1990 (ADA) (28 C.F.R. 5). Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Provider shall also comply with the public accommodations requirements of Title III of the ADA, as applicable.

B. Nondiscrimination on the Basis of Handicap (24 C.F.R. 8). The se regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 C.F.R. 8.

C. Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply with t he Uniform Federal Accessibility Standards, 1984 (41 C.F.R. 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall c ertify compliance with the above standards.

D. In resolving any conflict between the accessibility standards cited in paragraphs (A), (B) and (C) above, the more stringent standard shall apply.

32. RESTRICTIONS ON LOBBYING – FEDERAL REQUIREMENT:

This Agreement is subject to 24 C.F.R. 87 which prohibits the p ayment of Federal funds to any person for influencing or attempting to influence, any p ublic officer or employee in connection with the award, making, entering into, extension, co ntinuation, renewal, amendment, or modification of any Federal contract, grant, loan, or agreement.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]























 
 









 

 

Rise Housing Solutions 15 Service Provider Agreement
Version 05-10-23
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.

RISE HOUSING SOLUTIONS CITY OF ALAMEDA
a California corporation a m u n icipal corporation

M a t t W a r n e r J e n n i f e r O t t
P r e s i d e n t C i t y M a n a g e r

R E C OMMENDED FOR APPROVAL

Andrew Thomas
Base Reuse and Economic
Development Director

APPROVED AS TO FORM:

City Attorney

L e n A s l a n i a n
A s s i s t a n t C i t y A t t o r n e y

























 
 










 

 

EXHIBIT A

SCOPE OF WORK

The following represents Rise Housing Solutions’ proposed scope of work. Please note there are two sections of scope, activities listed in “Flat Rate Fee” and in “Optional Ad Hoc Services”, which are also differentiated in Fee Proposal section of the proposal below.

Flat Rate Fee Scope of Work:
a. Program Set-up.

RHS and the City have the benefit of already on-boarding the pr ogram in the previous year, ensuring a delivery of interrupted services. RHS has created cu stom webpages, uploaded program data to Salesforce management database and digested all program documentation. b. Guidelines and materials development.

RHS, at the request of the City, will review and comment on guideline documents, ensuring industry best practices are suggested through all policies. RHS will create workflow documentation and template process documents at the City’s request.

c. Coordination with developers and their agents.

Coordinate with developers and their agents to facilitate the r eceipt of marketing plans and applicant application files for review/approval.

d. Program marketing, responding to inquiries, website and ongoing program administration.

RHS will field all program inquiries, maintain current project specific web pages, provide paper applications upon request. Rise Housing will maintain a C ity of Alameda interest list and will market the program and specific opportunities to the l ist. RHS will maintain a preferred BMR lender and realtor list, which have approved program documents. At the request of the City, RHS will calculate BMR prices for new BMR for-sale projects, suggest modifications to the program and assist City staff on program-related matters.

e. Initial eligibility screening, application processing and document collection.

Develop online application that performs an initial eligibility screening for prospective applicants based on income, assets and household size. Facilita te collection of complete application from applicants. Underwriting of the applications f or preference point, mortgage qualification and program eligibility. Present summary of findi ng with recommendation for approval to the City.

f. Loan document preparation.
























 
 









 

 

Coordinate collection of required information from escrow and lender needed to complete City documents including restrictions, notes, DOTs and escrow instructions. Create the documents and route with instructions for signatures and notarizing to the City.

g. Preparing pay-off demands and calculating resale prices.

If payoff is not occurring at resale, order appraisal (to be pa id by borrower), review appraisal and ensure it meets program guidelines. Review original loan ag reement and calculate the City’s share of appreciation. Generate payoff instructions and circulate to the City for approval prior to issuing to borrower. Confirm payment and draft re-conv eyance agreement. If payoff is occurring at resale, review lender’s appraisal and ensure it meets program guidelines.

Review original loan agreement and calculate the City’s share of appreciation. Coordinate with escrow and draft payoff demand and re-conveyance agreement to be signed by the City.

Upon request for a resale price from the City or a program part icipant, review applicable regulatory agreements, calculate sales price and present to Cit y with a calculator of the price, along with a completed template letter to the program participant.

h. Annual compliance monitoring of ownership portfolio.

RHS will annually send up to three letters to BMR homeowners an d borrowers requesting verification of occupancy and any other program compliance requirements. Upon completion of annual monitoring and compliance, RHS will provide the city with a monitoring report summarizing the findings and listing detailed information regar ding non-responders or non- compliant responders. All monitoring results will also be track ed in our Salesforce database.

Should owners be non-responsive or out of compliance and the City is prepared to take action, RHS can provide enforcement services.

i. Annual compliance monitoring of rental portfolio.

RHS will coordinate with BMR rental property managers to obtain rent rolls for rent-restricted tenants, including names of all adults on the lease, addresses, lease dates, and rent amounts.

RHS will coordinate payment of any fees outlined in Affordable Housing Agreements to the City. RHS will review up to 25 tenant files for re-certification eligibility at that City’s request.

Any additional files will be considered an ad-hoc service and b illed in addition to the flat fee service fee.

j. Consultation of software provider selection and software implementation

Attend meetings and potential software providers for housing management, review proposals, identify potential needs and gaps in service, and make recommendations for a selection.

Upon selection, assist with implementation and selected software.

k. Support and education.
























 
 









 

 

RHS will provide offsite support for service requests. Phone an d zoom appointments, as requested by program residents. Translations services will be provided when necessary. At the City’s request, Rise Housing Solutions will host one informa tional workshop annually to market the program and to answer questions. Applicants will be referred to local homebuyer counseling agencies to receive first time homebuyer training.

l. Performance measures, recordkeeping, and reporting.

RHS and the City will agree to mutually acceptable performance measures for program administration.

I. General Inquiries: Respond within 48 business hours
II. Loan Payoff Requests: Respond within 48 business hours, and com plete requests within reasonable time, with weekly status updates for outstanding requests.

III. Review of Program Applications: Respond with recommendations within 72 hours.

IV. Refinance Requests: Respond within 48 business hours, and compl ete requests within reasonable time, with weekly status updates for outstanding requests.

V. Annual Ownership Monitoring: Provide homeowners 30 days to subm it compliance packages. Provide report to the City upon completion with summary of findings.

RHS shall maintain the City’s existing records and files on a d igital cloud base system and Salesforce database created to manage affordable housing progra ms. All electronic records will be considered work products that are property of the City and will be available via data export.

m. Process refinances of BMR homes.

RHS will provide a restricted value letter, Refinance Applicati on, and Refinance Checklist to the owners and lenders and will answer all questions from owner s and lenders, including providing information on acceptable first loan products for a r efinance and set timeline expectations for both lenders and owners. RHS will coordinate with the title company and first lender to access a preliminary title report and loan terms to r eview and confirm that the refinance meets program guidelines. Once our review is complete and the request is approved, RHS will prepare the subordination agreement, escrow instructions, and all other required City documents and route for signature. Lastly, we will follow up wi th the title company upon the close of escrow and the status of the City’s receipt of copies of recorded documents.

n. Loss mitigation.

Upon receipt of a notice of default, Rise Housing will perform a buy-back analysis for the City, as well provide recommended next steps. RHS will reach out to the owner and make a referral to a homebuyer counseling agency. Any additional services, such as attending trustee sales or performing site visits will be charged in addition to the flat rate service fee and will be billed at an hourly rate.























 
 









 

 

Optional Ad Hoc Services:

a. Process the resale of BMR homes.

RHS will prepare marketing materials and advertise homes to the members on the current interest list.RHS will work closely with the listing agent to p erform a site inspection, review all pest and inspection reports to determine any repairs needed before listing the home for sale.

RHS will calculate the restricted resale price in accordance wi th the City’s agreements and create an online application portal where the selected waitlist members can upload a list of required supporting documents used to verify household income, assets, and preference point verification, paper application will be made available upon request. RHS will perform a lottery taking in consideration all preference points to establish an a pplication ranking order. RHS will hold a pre-application workshop to discuss program terms and processes before submitting applications. The listing agent will be responsible for holding at least two open houses, one during the evening on a weekday and the other on the weekend. E ducation about program requirements, a responsibility matrix, and a sales timeline wil l be provided to listing and buyer’s agents. RHS will review applications in lottery ranking order for completeness, verification of preference points, and program eligibility. A c omplete file will then be sent to the City along with an income calculator, a detailed checklist, and our recommendation for approval. Once the City approves the file, we will begin collec ting the required information from escrow and the lender that is needed to complete the City documents, including restrictions, notes, DOTs, and escrow instructions. RHS will cr eate the BMR documents and route them to the City with instructions for signature and notarization. RHS will track escrow, ensuring the conforming loan is secured, a timely close is met, and the City receives copies of recorded documents. Once complete, these files become part of o ur ongoing monitoring portfolio.

b. Review/comment on public-facing draft documents.

At the City’s request, re view, comment and propose recommendations on public facing documents that the City is proposing to use.
























 
 









 

 

EXHIBIT B

FEE PROPOSAL AND SCHEDULE
Rise Housing Solutions’ will perform all services described in the Flat Fee Scope of Work for a fixed fee, as described below. Billing a flat fee ensures trained staff availability when services are requested and required.

Annual Flat Fee Services: $60,000
RHS will bill a $60,000 base fee in $5,000 equal monthly installments.

Optional Ad-Hoc Services:

x Resales - $8,000
x Review/Comment on Public Facing Documents - $180/hour

Billing Rate for Projects Outside of Flat Fee Service and Ad-Hoc Service Scope:

Consultant Team Member Billing Rates
Matt Warner $180/hour
Janina Navarro $130/hour
Cristen Garner $80/hour

Rise Housing Solutions’ will perform all services described in the Flat Fee Scope of Work at the request of the City and/or program participants in the timeline s described in the performance measures. The Ownership compliance monitoring will be started i n August and completed by September. Any Rental Compliance Monitoring activities will be completed at the dates included in the recorded affordable housing covenants for the property.
























 
 









 

 

05/25/2023
Bliss Sequoia Insurance
P.O. Box 826
Salem OR 97308
Allyson Nissley
(503) 364-5401
[email protected]
Rise Housing Solutions, Inc.
1990 N California Blvd
Suite 20 PMB 1074
Walnut Creek CA 94596
Hiscox Insurance Company Inc
Progressive Insurance
Twin City Fire 29459
23-24
A MEO5314986.23 05/14/2023 05/14/2024
1,000,000
50,000
5,000
1,000,000
3,000,000
3,000,000
Employee Benefits
B 01093863-0 05/14/2023 11/14/2023
1,000,000
Package Discount
A TXS 001899-00 05/14/2023 05/14/2024
1,000,000
1,000,000
C 52WECAL3CHM 04/14/2022 04/14/2023
1,000,000
1,000,000
1,000,000
A
Professional Liability
MEO5314986.23 05/14/2023 05/14/2024 Occ: $1,000,000 Agg:$3,000,000 Coverage for the operations of the Named Insured as provided by the above policy(ies). *City of Alameda ATTN: Community Development Director
950 W. Mall Square
Suite 205
Walnut Creek CA 94501

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$PROPERTY DAMAGE

BODILY INJURY
(Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
General Liability Coverage Part (Occurrence)
I. What is covered
A. Bodily injury and property
damage
We will pay up to the coverage part limit for damages you become legally obligated to pay because of bodily injury or property damage to which this Coverage Part applies, provided:

1. the bodily injury or property damage occurs during the policy period;

2. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory; and

3. you have paid the applicable retention stated in the Declarations.

We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments.We may, at our discretion, investigate any occurrence and settle any claim that may result.

B. Personal and advertising
injury
We will pay up to the Personal and Advertising Injury Limit stated in the Declarations for damages you become legally obligated to pay because of personal and advertising injury to which this Coverage Part applies, provided:

1. the personal and advertising injury is caused by an offense arising out of your business operations;

2. the personal and advertising injury is caused by an offense committed in the coverage territory during the policy period; and

3. you have paid the applicable retention stated in the Declarations.

We will have the right and duty to defend any claim seeking such damages, as set out in Section II. Defense and supplementary payments. We may, at our discretion, investigate any offense and settle any claim that may result.

C. Medical payments Regardless of fault, we will pay up to the Medical Payments limit stated in the Declarations for medical expenses incurred by each person for bodily injury caused by an accident to which this Coverage Part applies, provided:

1. the accident takes place within the coverage territory and on premises rented to or owned by you or in connection with your business operations;

2. the accident occurs during the policy period;

3. the expenses are incurred and reported to us within one year of the date of the accident; and

4. the person who sustained such bodily injury submits to examination, at our expense, by physicians of our choice as often as we reasonably require.

II. Defense and
supplementary
payments
A. Claims against you With respect to any claim against you that we investigate, defend, or settle, we will pay:

1. claim expenses we incur with counsel of our choice to defend you;

2. up to $2,500 for the cost of bail bonds required because of accidents ortraffic law violations arising out of the use of any vehicle to which the bodily injury coverage described in Section I. What is covered, A. Bodily injury and property damage, applies, but we will have no obligation to apply for or furnish any such bonds;

3. the cost of bonds to release attachments, but only for bond amounts within the applicable limit. We will have no obligation to apply for or furnish any such bonds;

4. reasonable expenses incurred by you at our request to assist us in the investigation or defense of such claim, including actual loss of earnings up to $1,000 a day because of time off from work;
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 1 of 19
General Liability Coverage Part (Occurrence)

5. court costs taxed against you in the claim; however, costs do not include attorney fees or expenses;

6. prejudgment interest awarded against you on that part of any judgment we pay. If we make an offer to pay the applicable limit, we will not pay any prejudgment interest based on the period of time after the offer; and

7. interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit.

B. Claimsa g a i n s t y o u r
indemnitee
If we defend aclaim against you,a n dyour indemnitee is also named as a party to the claim, we will also defend such indemnitee if all of the following conditions are met:

1. the claim against the indemnitee seeks damages for which you have assumed the indemnitee’s liability in an insured contract;

2. you have assumed the obligation to defend or pay for the defense of the indemnitee in the same insured contract;

3. this Coverage Part would apply to the liability you have assumed if the claim against the indemnitee had been made against you;

4. the allegations in the claim and the information we know about the occurrence are such that no conflict of interest appears to exist between your interests and your indemnitee’s interests;

5. you and your indemnitee request that we conduct and control the defense of such indemnitee and agree we can assign the same counsel to defend both you and your indemnitee; and

6. your idemnitee agrees in writing to:
a. follow the requirements of Section III. Your obligations to us, B. Your duty to cooperate, of the General Terms and Conditions;
b. notify any other insurer whose coverage may be available to the indemnitee and cooperate with us with respect to coordinating any other insurance applicable to the indemnitee; and
c. authorize us to conduct and control the defense of the indemnitee.

Our obligation to make any payments under this Section II ends when we have used up the coverage part limit.

No retention will apply to amounts we pay under this Section II, and such payments will be in addition to, and not part of, the coverage part limit.

III. Who is an
insured
In addition to the named insured, other persons or organizations may qualify as insureds, as stated below. For purposes of this Section III only,you means the named insured.

A. Sole proprietorships If you are an individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. However, if you die:

1. persons or organizations having proper temporary custody of your property are insureds, but only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and

2. your legal representative is an insured, but only with respect to his or her duties as your legal representatives. As such, they will assume your legal rights and duties under this Coverage Part.

B. Partnerships or joint
ventures
If you are a duly organized partnership (including a limited liability partnership) or a joint venture, your members, partners, and their spouses are insureds, but only with respect to the conduct of your business.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 2 of 19
General Liability Coverage Part (Occurrence)
C. Limited liability
companies
If you are a duly organized limited liability company, your members and their spouses are insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers.

D. Other organizations If you are an organization (including a professional corporation) other than a partnership, joint venture, or limited liability company, your directors and officers are insureds, but only with respect to their duties as your directors or officers. Your stockholders and their spouses are also insureds, but only with respect to their liability as your stockholders.

E. Trusts If you are a trust, your trustees are insureds, but only with respect to their duties as your trustees.

F. Employees Your employees are insureds, but only while in the course and scope of their employment by you or while performing duties related to the conduct of your business.

G. Volunteer workers Your volunteer workers are insureds, but only while in the course and scope of their activities related to the conduct of your business performed onyour behalf or at your direction.

H. Real estate managers Persons (other than your employees) or organizations acting as your real estate managers are insureds, but only with respect to their duties as your real estate managers.

I. Amateur athletic
participants
Any person representing you while participating in an amateur athletic activity you sponsor is an insured. However, no such person is an insured for:

1. bodily injury to:
a. a co-participant, your employee, or your volunteer worker while also participating in the amateur athletic activity you sponsor; or
b. you or any of your partners, members, orofficers; or

2. property damage to property owned, occupied, or used by; rented to; or in the care, custody, or control of:
a. a co-participant in the amateur athletic activity you sponsor, your employee, or your volunteer worker; or
b. you or any of your partners, members, orofficers.

J. Newly acquired or formed
organizations
If there is no other similar insurance available, any organization you acquire or form during the policy period, and in which you have majority ownership or interest at the time of an occurrence or offense covered by this Coverage Part, will qualify as an insured. This coverage is effective on the date of acquisition or formation and is afforded only until the 180th day after you acquire or form the organization, or the end of the policy period, whichever is earlier.

There is no coverage for the acquired or formed organization for:

1. bodily injury or property damage that occurred; or

2. personal or advertising injury arising out of an offense that was committed, before you acquired or formed the organization.

The acquired or formed organization is an insured only with respect to the conduct of your business.

K. Additional insureds If you have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Coverage Part, the following persons or organizations are insureds:

1. Any person or organization from whom you lease any premises, but only with respect to liability arising out of the ownership, maintenance, or use of that part of the premises leased to you.

However, there is no coverage for such additional insureds for any structural alterations, new construction, or demolition operations performed by or on behalf of the additional insured.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 3 of 19
Additional insureds
General Liability Coverage Part (Occurrence)
A person or organization’s status as an additional insured under this subsection 1 ends when you cease to be a tenant in the premises.

2. Any person or organization for whom you are performing operations, but only with respect to liability arising out of:
a. your acts or omissions or of those acting on your behalf; and b. the performance of your ongoing operations for the additional insured.

However, there is no coverage for such additional insureds for:
a. bodily injury, property damage, or personal and advertising injury arising out of the rendering of or failure to render any professional architectural, engineering,o r surveying services, including:
(1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, drawings, or specifications; or
(2) supervisory, inspection, architectural, or engineering activities; or b. 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 behalf of the additional insured at the location 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 another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

A person or organization’s status as an additional insured under this subsection 2 ends when your operations for that additional insured are completed.

3. Any person or organization who sells or distributes your products (referred to in this subsection as “vendor”), but only with respect to bodily injury or property damage arising out of your products sold or distributed in the regular course of such vendor’s business.

However, there is no coverage for such additional insureds for:
a. bodily injury or property damage for which the vendor is legally obligated to pay damages because of liability assumed in a contract or agreement; however, this exclusion will not apply to liability the vendor would have in the absence of such contract or agreement;
b. any express warranty unauthorized by you;
c. any physical or chemical change in the product made intentionally by the vendor; 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 inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; f. demonstration, installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. 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 by or for the vendor; h. 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 will not apply to:

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 4 of 19
General Liability Coverage Part (Occurrence)
(1) repackaging 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;
(2) demonstration, installation, servicing, or repair operations performed at the vendor's premises in connection with the sale of the product; or (3) inspections, adjustments, tests, or servicing the vendor has either agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product.

This insurance does not apply to any person or organization from whom you have acquired:
a. products;
b. any ingredient or part of any product; or
c. any container containing any products.

4. Any person or organization from whom you lease any equipment, but only with respect to liability arising out of your maintenance, operation, or use of such equipment.

A person or organization’s status as an additional insured under this subsection 4 ends when the equipment lease expires, and this insurance will not apply to any occurrence or offense which takes place after such expiration.

5. Any other person or organization not included in 1 through 4 above, provided the contract or agreement:
a. is currently in effect or becomes effective during the policy period; and b. was executed before the bodily injury or property damage occurred or the offense out of which the personal and advertising injury arises was committed.

Coverage is available for additional insureds solely for their liability arising out of your negligence or of those acting onyour behalf and not for any liability arising out of the sole negligence of the additional insured.

Notwithstanding anything to the contrary in the other insurance provisions in the General Terms and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any additional insured will be primary and non-contributory, and any other insurance available to the additional insured for the same claim or occurrence will be specifically excess of the coverage part limit.

Notwithstanding anything to the contrary in the subrogation provision in the General Terms and Conditions, we agree to waive any right of recovery we may have against any additional insured because of payments we make for injury or damage arising out of:

1. the ownership, maintenance, or use of that part of any premises leased to you;

2. your ongoing operations; or

3. your work done under a contract with the additional insured and included in the products- completed operations hazard.

The limits of liability applicable to any additional insured are either the amounts specified in the contract or agreement requiring them to be added as an additional insured, or the limits identified in the Declarations, whichever is less, and such amounts will be a part of, and not in addition to, the coverage part limit.

IV. Limits of liability The limits stated in the Declarations and the rules below will be the most we will pay regardless of the number of:

1. insureds;

2. claims made or brought; or

3. persons or organizations making or bringingclaims.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 5 of 19
General Liability Coverage Part (Occurrence)
A. Per location limit The Per Location Limit identified in the Declarations is the most we will pay for all damages because of bodily injury and property damage occurring at each separate location where you perform business operations arising out of any one occurrence. This limit will apply only if an endorsement listing your separate locations is added to this Coverage Part.

B. Products-completed
operations limit
The Products-Completed Operations Limit identified in the Declarations is the most we will pay for all damages because of bodily injury and property damage included in the products- completed operations hazard arising out of any one occurrence.

C. Personal and advertising
injury limit
The Personal and Advertising Injury Limit identified in the Declarations is the most we will pay for all damages because of personal and advertising injury arising out of any one claim.

D. Damage to premises limitThe Damage to Premises limit identified in the Declarations is the most we will pay for all damages because of property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner.

E. Elevator liability sublimit An Elevator Liability Sublimit of $25,000 is the most we will pay for all damages because of property damage resulting from the use of an elevator at premises you own, rent, or occupy and arising out of any one occurrence.

F. Medical payments limit The Medical Payments limit identified in the Declarations is the most we will pay for the sum of medical expenses for bodily injury sustained by any one person covered under Section I. What is covered, C. Medical payments.

No retention will apply to amounts we pay under Section I. What is covered, C. Medical payments, and such amounts will be in addition to, and not part of, the coverage part limit.

All other limits described in this Section IV will be in excess of the retention and will be a part of, and not in addition to, the coverage part limit.

V. Other provisions
affecting
coverage
A. Notifying us of claims,
occurrences, or offenses

1. You must give written notice to us of any claim made or brought against you as soon as possible, including the specifics of the claim and the date received.

2. You must give written notice to us of any occurrence or offense which may result in a claim as soon as possible. To the greatest extent possible, the notice must include:
a. how, when, and where the occurrence or offense took place; b. the names and addresses of any injured persons and witnesses; and c. the nature and location of any injury or damage arising out o f the occurrence or offense.

All such notifications must be in writing and include a copy of any claim, and must be submitted to us via the designated email address or mailing address identified in Item 6 of the Declarations.

B. Retention Our obligation to pay any damages under this Coverage Part is in excess of the retention, which you must pay in connection with each covered occurrence or offense. The retention does not apply to claim expenses or any other payments we make under Section II. Defense and supplementary payments.

C. Legal action against us No person or organization has a right under this Coverage Part:

1. to join us as a party or otherwise bring us into a claim seeking damages from you; or

2. to sue us on this Coverage Part unless all of its terms and conditions have been fully complied with.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 6 of 19
General Liability Coverage Part (Occurrence)
A person or organization may sue us to recover on an agreed settlement or final judgment against you, but we will not be liable for damages that are not covered under this Coverage Part or that are in excess of the applicable limits. An agreed settlement means a settlement and release of liability signed by us, you, and the claimant or claimant’s legal representative.

D. Other insurance For purposes of this Coverage Part, the Other insurance provision in Section V. Other provisions affecting coverage, of the General Terms and Conditions is replaced by the following:

If other valid and collectible insurance is available to you for a claim wewould otherwise cover under this Coverage Part, our obligations are limited as follows:

1. Primary insurance - This Coverage Part is primary except when the Excess insurance provision below applies. If this Coverage Part is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with any other insurance by the method described in the Method of sharing provision below.

2. Excess insurance - This Coverage Part is excess over any other insurance, whether primary, excess, contingent, or on any other basis:
a. that provides fire, extended coverage, builder’s risk, installation risk, or similar coverage for your work;
b. that applies to property damage to premises rented to you or temporarily occupied by you with permission of the owner;
c. if the loss arises out of aircraft, autos, or watercraft (to the extent not subject to Exclusion A. 1. Aircraft, autos, or watercraft);
d. that is insurance available to you because you have been added as an additional insured.

When this Coverage Part is excess, we have no duty to defend you against any claim if any other insurer has a duty to defend you against such claim. If no other insurer defends, we will undertake to do so, but we will be entitled to your rights against those other insurers.

When this Coverage Part is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of:
a. the total amount that all other insurance would pay for loss in the absence of this Coverage Part; and
b. the total of all deductible and self-insured amounts under all other insurance and this Coverage Part.

We will share the remaining loss, if any, with any other insurance that is not described in this Excess insurance provision and was not purchased or agreed specifically to apply in excess of this Coverage Part.

3. Method of sharing
If all of the other insurance permits contribution by equal shares, we will contribute by equal shares. Under this method, each insurer contributes equal amounts until it has paid its applicable limits or none of the loss remains, whichever occurs first.

If any other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limits to the total applicable limits of all insurers.

E. Separation of insureds Except with respect to the limits and any righ ts or duties specifically assigned to the named insured, this Coverage Part applies separately to each insured against whom a claim is made or brought.

VI. Exclusions –
What is not
covered
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 7 of 19
General Liability Coverage Part (Occurrence)
A. Bodily injury and
property damage
exclusions
We will have no obligation to pay any sums under this Coverage Part, including any damages or claim expenses, for any claim for:

Aircraft, autos, or
watercraft

1. bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading and unloading.

This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by you, if the occurrence causing the bodily injury or property damage involved the ownership, maintenance, use, or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to you.

However, this exclusion will not apply to:
a. watercraft while ashore on premises owned by or rented to you; b. watercraft you do not own, provided it is:
(1) less than 75 feet long; and
(2) not being used to transport persons or property for a charge; c. the parking of an auto on, or on the ways next to, premises owned by or rented to you, provided the auto is not owned by or rented or loaned to you; d. liability assumed in an insured contract for the ownership, maintenance, or use of an aircraft or watercraft by others;
e. bodily injury or property damage arising out of:
(1) the operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (2) operation of the equipment described in 6.b or 6.c of the definition of mobile equipment; or
f. aircraft you do not own. However, this Coverage Part will be excess over any other insurance that applies to such aircraft, whether primary, excess, contingent, or on any other basis, and the rules stated in Section V. Other provisions affecting coverage, D.

Other insurance, 2. Excess insurance will apply.

Damage to impaired
property or property not
physically injured

2. property damage to impaired property or property that has not been physically injured arising out of:
a. a defect, deficiency, inadequacy, or dangerous condition in your product or your work; or
b. a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms and conditions.

However, this exclusion will not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.

Damage to property 3. property damage to:
a. property you own, rent, or occupy, including any costs or expenses incurred by you or any other person or organization for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property;
b. premises you sell, give away, or abandon, if the property damage arises out of any part of those premises;
c. property loaned to you;
d. personal property in your care, custody, or control; Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 8 of 19
General Liability Coverage Part (Occurrence)
e. that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or
f. that particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it.

Subsections a, c, and d of this exclusion will not apply to property damage (other than damage by fire) to premises (including the contents of the premises) rented to you for seven or fewer consecutive days. However, any payments we make for property damage to such property will be subject to the Damage to Premises Limit.

Subsection b of this exclusion will not apply if the premises are your work and were never occupied, rented, or held for rental by you.

Subsections c, d, e, and f of this exclusion will not apply to liability assumed under a sidetrack agreement.

Subsection f of this exclusion will not apply to property damage included in the products- completed operations hazard.

Subsections c, d, and f of this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy. However, any payments we make for such property damage will be subject to the Elevator Liability Sublimit.

Subsection d of this exclusion will not apply to property damage to equipment you borrow while at a job site, but only if it is not being used by anyone to perform operations at the time of such property damage.

Damage to your product 4. property damage to your product arising out of it or any part of it; however, this exclusion will not apply to property damage arising out of the use of an elevator at premises you own, rent, or occupy, but any payments we make for such property damage will be subject to the Elevator Liability Sublimit.

Damage to your work 5. property damage to your work arising out of it or any part of it and included in the products-completed operations hazard; however, this exclusion will not apply if the damaged work or the work out or which the damage arises was performed on your behalf by a subcontractor.

Expected or intended
Injury

6. bodily injury or property damage expected or intended from the standpoint of any insured; however, this exclusion will not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

Injury to employee 7. a. bodily injury to your employee arising out of and in the course and scope of employment by you or while performing duties related to the conduct of your business; or
b. bodily injury to the spouse, child, parent, brother, or sister of such employee as a consequence of any bodily injury described in paragraph 7.a above.

This exclusion will apply:
a. whether you may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any injury described in paragraphs 7.a and 7.b above.

However, this exclusion will not apply to:
a. liability for damages you assume in an insured contract; or b. bodily injury arising out of and in the course and scope of domestic employment by you, unless benefits for such injury are in whole or in part either payable or required to be provided under any workers' compensation law.

Liquor liability 8. bodily injury or property damage for which you may be held liable by reason of:
a. causing or contributing to the intoxication of any person; Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 9 of 19
General Liability Coverage Part (Occurrence)
b. furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
c. any statute, ordinance, or regulation relating to the sale, gifting, distribution, or use of alcoholic beverages.

However, this exclusion will apply only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages.

Mobile equipment 9. bodily injury or property damage arising out of:
a. the transportation of mobile equipment by an auto owned or operated by or loaned or rented to you; or
b. the use of mobile equipment in, while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.

Prior knowledge 10. bodily injury or property damage which:
a. you;
b. any insured listed in A through E of Section III. Who is an insured; or c. any employee authorized by you to give or receive notice of an occurrence or claim, knew had occurred prior to the policy period.

Any continuation, change, or resumption of any such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.

Bodily injury or property damage will be deemed to be known if you, any insured listed in A through E of Section III. Who is an insured, or any employee authorized by you to give or receive notice of an occurrence or claim:
a. reports all or any part of the bodily injury or property damage to us or any other insurer;
b. receives a claim because of the bodily injury or property damage; or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur.

Exclusions 1, 2, 3, 4, 5, 8, and 9 of this Section A do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner’s permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit.

B. Personal and
advertising injury
exclusions
We will have no obligation to pay any sums under this Coverage Part, including any damages or claim expenses, for any claim for personal and advertising injury:

Breach of contract 1. based upon or arising out of any breach of contract, except an implied contract to use another’s advertising idea in your advertisement.

Failure to conform to
statements

2. based upon or arising out of the failure of goods, products, or services to conform with any statement of quality or performance made in your advertisement.

Insureds in media and
internet type businesses

3. committed by any insured whose business is:
a. advertising, broadcasting, publishing, or telecasting; b. designing or determining content of websites for others; or c. an internet search, access, content,o r s e r v i c e p r o v i d e r .

However, this exclusion will not apply to personal and advertising injurycaused by:
a. false arrest, detention,o r i m p r i s o n m e n t ; b. malicious prosecution; or
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 10 of 19
General Liability Coverage Part (Occurrence)
c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor.

For purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the internet is not, by itself, considered the business of advertising, broadcasting, publishing, or telecasting.

Knowing violation of
rights of another

4. caused by you or at your direction with knowledge the act would violate the rights of another and would inflict personal and advertising injury.

Material published prior
to policy period

5. based upon or arising out of oral or written publication of material whose first publication took place prior to the policy period.

Material published with
knowledge of falsity

6. based upon or arising out of oral or written publication of material by you or at your direction with knowledge of its falsity.

Unauthorized use of
another’s name or
product

7. based upon or arising out of any actual or alleged unauthorized use of another’s name or product in your email address, domain name, metatag, or any similar tactics to mislead another’s potential customers.

Wrong description of
prices

8. based upon or arising out of any actual or alleged wrong description of the price of goods, products, or services stated in your advertisement.

C. Medical payments
exclusions
We will have no obligation to pay any sums under Section I. What is covered, C. Medical payments for medical expenses for bodily injury:

Athletic activities 1. to any person injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests; however, this exclusion will not apply to a person who is not an insured injured while participating in an amateur athletic activityyou sponsor.

Injury on normally
occupied premises

2. to any person injured on that part of any premises you own or rent that the person normally occupies.

Injury to you 3. to you or any person hired to work for or on behalf of you or your tenant; however, this exclusion will not apply to a volunteer worker.

Products-completed
operations hazard

4. included in the products-completed operations hazard.

Workers’ compensation
or similar laws

5. to any person, whether or not your employee, if benefits for such bodily injury are payable or must be provided under any workers’ compensation, disability benefits, or any similar law.

D. Exclusions applicable
to the entire general
liability coverage part
We will have no obligation to pay any sums under this Coverage Part for medical expenses, or for any claim, including any damages or claim expenses,f o r bodily injury, property damage, or personal and advertising injury:

Asbestos 1. based upon or arising out of the actual or alleged mining, processing, manufacturing, use, testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing asbestos; exposure to asbestos, asbestos fibers, or materials containing asbestos; or the provision of instructions, recommendations, notices, warnings, supervision, or advice given, or which should have been given, in connections with asbestos, asbestos fibers, or structures or materials containing asbestos.

Biological agents 2. based upon or arising out of:
a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of biological agents; or
b. any:

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 11 of 19
General Liability Coverage Part (Occurrence)
(1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of any biological agents; or
(2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of any biological agents.

Communicable disease 3. based upon or arising out of the actual or alleged transmission of a communicable disease.

This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the:
a. supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease;
b. testing for a communicable disease;
c. failure to prevent the spread of the disease; or
d. failure to report the disease to authorities.

Contractual liability 4. for which you are legally obligated to pay as damages because of liability assumed in a contract or agreement. However, this exclusion will not apply to liability for damages:
a. you would have in the absence of such contract or agreement; or b. assumed in an insured contract, provided the bodily injury, property damage, or personal and advertising injury occurs after such contract or agreement has been fully executed.

Crime or fraud 5. based upon or arising out of any actual or alleged criminal or fraudulent conduct committed by you, at your direction, or with your consent or knowledge.

Electronic chatrooms,
bulletin boards, or
websites

6. based upon or arising out of an electronic chatroom, bulletin board, or website you host, own, or over which you exercise control.

Electronic data 7. based upon or arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.

Employment related
liability

8. based upon or arising out of any actual or alleged:
a. obligation under any workers’ compensation, unemployment compensation, employers’ liability, fair labor standards, labor relations, wage and hour, or disability benefit law, including any similar provisions of any federal, state, or local statutory or common law;
b. liability or breach of any duty or obligation owed by you as an employer or prospective employer; or
c. harassment, wrongful termination, retaliation, or discrimination, including but not limited to adverse or disparate impact,
including any resulting damages sustained at any time by the brother, child, parent, sister, or spouse of such person as a consequence of the above.

This exclusion will apply:
a. whether you may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of any of the above.

Fair credit 9. based upon or arising out of any actual or alleged violation of the Fair Credit Reporting Act and/or Fair and Accurate Credit Transactions Act, both as may be amended, or any similar federal, state, or local statutes, rules, or regulations in or outside the U.S.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 12 of 19
General Liability Coverage Part (Occurrence)
Intellectual property 10. based upon or arising out of any actual or alleged infringement, use, or disclosure of any intellectual property, including but not limited to copyright, trademark, trade dress, patent, service mark, service name, title, or slogan, or any publicity rights violations, cyber squatting violations, moral rights violations, any act of passing-off, or any misappropriation of trade secret.

However, this exclusion will not apply to:
a. the use of another’s advertising idea in your advertisement; or b. infringement of copyright, trade dress, or slogan in your advertisement.

Lead 11. based upon or arising out of:
a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous properties of lead;
b. any:
(1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effect of lead; or
(2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of lead.

Pollution 12. based upon or arising out of:
a. the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants:
(1) at or from any premises, site, or location which is or was at any time owned or occupied by or rented or loaned to you; however, this subsection will not apply to:
(a) bodily injury if sustained within a building and caused by smoke, fumes, vapor, or soot originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use by the building’s occupants;
(b) bodily injury or property damage for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site, or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the premises, site, or location, and such premises, site, or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured; or
(c) bodily injury or property damage arising out of heat, smoke, or fumes from a hostile fire;
(2) at or from any premises, site, or location which is or was at any time used by you or any other person or organization for the handling, storage, disposal, processing, or treatment of waste;
(3) which are or were at any time transported, handled, stored, disposed of, processed, or treated as waste by or for you or for any person or organization for whom you are legally liable;
(4) at or from any premises, site, or location on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the pollutants are brought onto the premises, site, or location in connection with such operations by you or your contractor or subcontractor.

However, this subsection will not apply to:
(a) bodily injury or property damage arising out of the escape of fuels, lubricants, or other operating fluids necessary to perform the normal Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 13 of 19
General Liability Coverage Part (Occurrence)
electrical, hydraulic, or mechanical functions necessary for the operation of mobile equipment or its parts, if such fuels, lubricants, or other operating fluids escape from a vehicle part designed to hold, store, or receive them.

This exception will not apply if the bodily injury or property damage arises out of the intentional discharge, dispersal, or release of the fuels, lubricants, or other operating fluids or if such fuels, lubricants, or operating fluids are brought onto the premises, site, or location with the intent that they be discharged, dispersed, or released as part of the operations being performed by you or your contractor or subcontractor;
(b) bodily injury or property damage sustained within a building and caused by the release of gases, fumes, or vapors from materials brought into that building in connection with operations being performed by you or your contractor or subcontractor; or
(c) bodily injury or property damage arising out of heat, smoke, or fumes from a hostile fire; or
(5) at or from any premises, site, or location on which you or any contractors or subcontractors working directly or indirectly your behalf are performing operations, if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effects of pollutants; or
b. any:
(1) request, demand, or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize, or in any way respond to or assess the effect of pollutants; or
(2) claim or other proceeding by or on behalf of a governmental authority or others for the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing, or in any way responding to or assessing the effects of pollutants.

However, this subsection will not apply to liability for damages because of property damage you would have in the absence of such request, demand, order, claim, or other proceeding by or on behalf of a governmental authority.

Privacy 13. based upon or arising out of any actual or alleged:
a. unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, or failure to protect any non-public personally identifiable information or confidential corporate information that is in your care, custody, or control; or b. violation of any privacy law or consumer data protection law protecting against the use, collection, or disclosure of any information about a person or any confidential corporate information.

Professional services 14. based upon or arising out of your actual or alleged performance of or failure to perform professional services.

Recall of products, work,
or impaired property

15. based upon or arising out of the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of:
a. your product;
b. your work; or
c. impaired property;
if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it.

Silica 16. based upon or arising out of any actual, alleged, or threaten ed exposure to, inhalation of, or contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or silica, whether alone or in combination with any substance, product, or material.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 14 of 19
General Liability Coverage Part (Occurrence)
Unsolicited telemarketing 17. based upon or arising out of any actual or alleged violation of any federal, state, or local statutes, ordinances, or regulations relating to unsolicited telemarketing, solicitations, emails, faxes, text messages, or any other communications of any type or nature, including but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any “anti- spam” or “do-not-call” statutes, ordinances, or regulations.

Exclusions 8, 12, and 15 of this Section D do not apply to damage by fire to premises while rented to you or temporarily occupied by you with the owner’s permission. However, any payments we make for property damage to such premises will be subject to the Damage to Premises Limit.

VII. Definitions The following definitions apply to this Coverage Part. Additional definitions are contained in the General Terms and Conditions, Section VI. Definitions applicable to all Coverage Parts.

Accident means a sudden and unintended event that causes bodily injury to a third party. This definition applies only to coverage provided under Section I. What is covered, C. Medical payments.

Advertisement means a notice about your goods, products, or services that is published or broadcast to the general public or a specific market segment for the purpose of attracting customers or supporters.

For purposes of this definition:

1. notices that are published include material placed on the internet or on other similar electronic means of communication; and

2. with regard to websites, only that part of the website that is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement.

Auto means:

1. a land motor vehicle, trailer, or semi-trailer designed for travel on public roads, including any attached machinery or equipment, or

2. any other land vehicle subject to a financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged.

However, auto does not include mobile equipment.

Biological agents means any:

1. a. bacteria;
b. mildew, mold, or fungi;
c. other microorganisms; or
d. mycotoxins, spores, or other byproducts of any of the foregoing;

2. viruses or other pathogens (whether or not a microorganism); or

3. colony or group of any of the foregoing.

Bodily injury means physical injury, sickness, or disease sustained by a person, including resulting death, humiliation, mental injury, mental anguish, emotional distress, suffering, or shock, at any time. All such resulting injury will be deemed to occur at the time of the physical injury, sickness, or disease that caused it.

Claim means any:

1. written assertion of liability;

2. written demand for damages; or

3. civil proceeding seeking damages,
for bodily injury, property damage, or personal and advertising injury to which this Coverage Part applies. This includes an arbitration proceeding or any other alternative dispute resolution proceeding in which such damages are sought and to which you submit with our consent.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 15 of 19
General Liability Coverage Part (Occurrence)
Claim expenses means all reasonable and necessary fees, costs, and expenses (including the fees of attorneys and experts) incurred in the investigation, defense, or appeal of a claim.

Coverage territory means anywhere in the world, but this Coverage Part will apply only to a claim brought in the United States, its territories or possessions, or Canada.

Damages means any monetary amount you are ordered to pay by a court, or by an arbitrator in an arbitration to which we have consented.

However, damages does not include any civil, regulatory, or criminal fines, restitution, disgorgement, sanctions, taxes, or penalties, including those imposed by any federal, state, or local governmental authority, or any multiple, punitive, or exemplary damages.

Damages because of bodily injury includes care, loss, or services, or death resulting at any time from the bodily injury.

Employee means any person employed by you, including any leased worker, but does not include a temporary worker.

Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be.

Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because:

1. it incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous; or

2. you have failed to fulfill the terms or conditions of a contract or agreement; if such property can be restored to use by:

1. the repair, replacement, adjustment, or removal of your product or your work; or

2. your fulfilling the terms or conditions of the contract or agreement.

Insured contract means:

1. a contract for the lease of premises, but not any portion of the lease that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner;

2. a sidetrack agreement;

3. an easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;

4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;

5. an elevator maintenance agreement; or

6. any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for such municipality) in which you assume the tort liability of another to pay damages sustained by a third party to which this Coverage Part would apply. Tort liability means liability that would be imposed by law in the absence of any contract or agreement.

However, an insured contract does not include that part of any contract or agreement:

1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations on or within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing;

2. that indemnifies an architect, engineer, or surveyor for damages arising out of:
a. preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs, or specifications; or b. giving or failure to give directions or instructions, if that is the primary cause of the injury or damage; or
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 16 of 19
General Liability Coverage Part (Occurrence)

3. under which an insured who is an architect, engineer, or surveyor assumes the liability for injury or damage arising out of the insured’s rendering of or failure to render professional services of any kind.

Lead means the element lead in any form, including its use or presence in any alloy, compound, byproduct, or other material waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed.

Leased worker means any person leased to you by a labor leasing firm to perform duties related to the conduct of your business. However, leased worker does not include a temporary worker.

Loading or unloading means the handling of property:

1. after it is moved from the place where it is accepted for movement into or onto an aircraft, auto, or watercraft;

2. while it is in or on an aircraft, auto, or watercraft; or

3. while it is being moved from an aircraft, auto, or watercraft to the place where it is finally delivered.

Loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, auto, or watercraft.

Medical expenses means reasonable expenses for necessary:

1. first aid administered at the time of an accident;

2. medical, surgical, x-ray, and dental services, including prosthetic devices; and

3. ambulance, hospital, professional nursing, and funeral services.

Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment:

1. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads;

2. vehicles maintained for use solely on or next to premises owned by or rented to you;

3. vehicles that travel on crawler treads;

4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
a. power cranes, shovels, loaders, diggers, or drills; or b. road construction or resurfacing equipment such as graders, scrapers, or rollers;

5. vehicles not described in 1, 2, 3, or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
a. air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well-servicing equipment; or b. cherry pickers and similar devices used to raise or lower workers; and

6. vehicles not described in 1, 2, 3, or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However, mobile equipment does not include self- propelled vehicles with the following types of permanently attached equipment:
a. equipment designed primarily for:
(1) snow removal;
(2) road maintenance, but not construction or resurfacing; or (3) street clearing or cleaning;
b. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; or
Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 17 of 19
General Liability Coverage Part (Occurrence)
c. air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well-servicing equipment.

Instead, vehicles described in a, b, or c above will be considered autos.

Occurrence means an accident arising out of your business operations, including continuous or repeated exposure to substantially the same general harmful conditions.

Officer means a person holding any of the officer positions created by an organization’s charter, constitution, by-laws, or any other similar governing documents.

Personal and advertising
injury
means injury, including consequential bodily injury, arising out of one or more of the following offenses:

1. false arrest, detention, or imprisonment;

2. malicious prosecution;

3. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor;

4. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products, or services; 5 oral or written publication, in any manner, of material that violates a person’s right to privacy;

6. the use of another’s advertising idea in your advertisement; or

7. infringement of copyright, trademark, trade dress, or slogan in your advertisement.

Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, dust, nanoparticles, fibers, soot, ash, fumes, acids, alkalis, chemicals, and waste. Waste includes, but is not limited to, materials to be recycled, reconditioned, or reclaimed.

Products-completed
operations hazard

1. includes all bodily injury and property damage taking place away from premises owned, occupied by, loaned, or rented to you and arising out of your product or your work, except:
a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times:
(1) when all of the work called for in your contract or agreement has been completed;
(2) when all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site; or (3) when that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.

Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed; and

2. does not include bodily injury or property damage arising out of:
a. the transportation of property, unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloadingof that vehicle by you; or b. the existence of tools, uninstalled equipment, or abandoned or unused materials.

Professional services means professional services customarily provided by an architect, engineer, surveyor, physician, surgeon, dentist, or other healthcare provider, accountant, insurance agent/broker, investment advisor, securities broker/dealer, or attorney, or any other services identified as Covered Professional Services in the Declarations.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 18 of 19
General Liability Coverage Part (Occurrence)
Property damage means:

1. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or

2. loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it.

Tangible property does not include any software, data, or other information in electronic form.

Retention means the amount stated as such under the General Liability Coverage Part section of the Declarations.

Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Temporary worker does not include leased worker.

Volunteer worker means a person who is not your employee, and who donates his or her work and acts at your direction and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their work performed for you.

You, your, or insured means the named insured and any other person or organization expressly described as an insured in Section III. Who is an insured.

Your product 1. means any:
a. goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by:
(1) you;
(2) others trading under your name; or
(3) a person or organization whose assets or business you have acquired; and b. containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products;

2. includes:
a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your product; and
b. the providing of or failure to provide instructions or warnings; and

3. does not include vending machines or other property loaned or rented to or located for the use of others but not sold.

Your work 1. means:
a. work or operations performed by you or on your behalf; and b. materials, parts, or equipment furnished in connection with such work or operations; and

2. includes:
a. representations or warranties made at any time with respect to the durability, fitness, performance, quality, or use of your work; and
b. the providing of or failure to provide instructions or warnings.

Includes copyrighted material of Insurance
Services Offices, Inc., with its permission
WCL P0002 CW (10/14) Page 19 of 19


=E03::
G03@
<1

H
::
&756BA
&3A3@D32
H
H



  I
 EEE
1=E03::
7<AC@3

=E03::
<AC@/<13
53<1G
!!
'B/B3
!713<A3A
6BB>A

1=E03::
7<AC@3
AB/B3 :713<A3A


%=:7173A
C<23@E@7BB3<
0G
=E03::
<AC@/<13
53<1G
/@3
E@7BB3<
0G
'>7<</93@
<AC@/<13
=;>/<G
#

"
3AB
 
F13::3<B
&/B32 3@B7471/B3
=4
<AC@/<13
&7A3
=CA7<5
'=:CB7=<A
<1

#"
#')&
#')&
'((

!-  .,
+"
&!

%$!-
#)"&








"
B=








"
%$!-
%&$
<AC@32
!=1/:
(7;3

/GA%$!-
(&"
(63
=;>/<G
/<2
B63
7<AC@32
A6/::
03
0=C<2
0G
B63
>@=D7A7=<A
=4
B63
>=:71G
=@
>=:7173A
=4
7<AC@/<13
7<
1C@@3<B
CA3
0G
B63
=;>/<G
7<
B63
AB/B3
(67A
7A
B=
13@B74G
B6/B
B63
1/>B7=<32
>=:71G
7<1:C23A
B63
:7;7BA
A>3174732
63@37<
4=@
G03@
<AC@/<13
=D3@/53 (67A
13@B7471/B3
7A
7AAC32
/A
/
;/BB3@
=4
7<4=@;/B7=<
=<:G
/<2
1=<43@A
<=
@756BA
C>=<
B63
13@B7471/B3
6=:23@
=B63@
B6/<
B6=A3
>@=D7232
7<
B63
>=:71G

(67A
13@B7471/B3
7A
#$(
/<
7<AC@/<13
1=<B@/1B
/<2
2=3A
<=B
/;3<2
3FB3<2
=@
/:B3@
B63
1=D3@/53
/44=@232
0G
B63
>=:71G
:7AB32
63@37<

#=BE7B6AB/<27<5
/<G
@3?C7@3;3<B
B3@;
=@
1=<27B7=<
=4
/<G
1=<B@/1B
=@
=B63@
2=1C;3<B
E7B6
@3A>31B
B=
E6716
B67A
13@B7471/B3
;/G
03
7AAC32
=@
;/G
>3@B/7<
B63
7<AC@/<13
/44=@232
0G
B63
>=:71G
23A1@7032
63@37<
7A
AC0831B
B=
/::
B63
B3@;A
3F1:CA7=<A
/<2
1=<27B7=<A
=4
AC16
>=:71G
E6716
;/G
AC0AB/<B7/::G
:7;7B
1=D3@/53
<
B63
3D3<B
B6/B
4=@
E6/B3D3@
@3/A=<
B67A
>=:71G
7A
B3@;7</B32
>@7=@
B=
B63
B3@;7</B7=<
2/B3
A6=E<
/0=D3
E3
/@3
<=B
=0:75/B32
B=
/<2
E7::
<=B
7<4=@;
B63
13@B7471/B3
6=:23@
B6/B
B63
>=:71G
6/A
B3@;7</B32 %$!-
(!'


&
(
!"(




,%&'
$#








"
<AC@32
!=1/:
(7;3
&(&$
(*
%&$

C::
%@7=@
1BA
$*&
'
0 "
'31C@7BG
@3/16
F>3<A3
"
'31C@7BG
@3/16
!7/07:7BG
"
&3AB=@/B7=<
=4
:31B@=<71
/B/
"
FB=@B7=<
(6@3/BA

%C0:71
&3:/B7=<A
F>3<A3

=;>CB3@


C<2A
(@/<A43@

@/C2
"
CA7<3AA
<1=;3

FB@/
F>3<A3
'C0:7;7B  
"

"
'=17/:
<57<33@7<5


!7;7B  

32C1B70:3 

&/<A=;
%/G;3<BA
!7;7B  
"

"

/@2E/@3
&3>:/13;3<B
=ABA


(3:31=;;C<71/B7=<A

@/C2


%=AB
@3/16
&3;327/B7=<
=D3@/53


+30A7B3
"327/
!7/07:7BG

"
WLTR005

THE HARTFORD

BUSINESS SERVICE CENTER
3600 WISEMAN BLVD
SAN ANTONIO TX 78251 June 14, 2023
For Informational Purposes
1990 N CALIFORNIA BLVD STE 20 PMB 1074
WALNUT CREEK CA 94596
Account Information:

Policy Holder Details : Rise Housing Solutions, Inc
Contact Us
Need Help?
Chat online or call us at
(866) 467-8730.

We're here Monday - Friday.

Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns.

Sincerely,
Your Hartford Service Team

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
06/14/2023

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

HUGGINS INSURANCE
52709422
PO BOX 270
SALEM OR 97308
CONTACT NAME:

PHONE
(A/C, No, Ext):
(503) 585-2211 FAX
(A/C, No):

E-MAIL ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Casualty Insurance Company 29424

INSURED

RISE HOUSING SOLUTIONS, INC
1990 N CALIFORNIA BLVD STE 20 PMB 1074
WALNUT CREEK CA 94596
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD

POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/Y YYY) LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY PRO-
JECT

LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
ANY AUTO BODILY INJURY (Per person)

ALL OWNED
AUTOS

SCHEDULED
AUTOS BODILY INJURY (Per accident)
HIRED
AUTOS

NON-OWNED
AUTOS

PROPERTY DAMAGE
(Per accident)

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-
MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
A

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
ANY

PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/ A 52 WEC AL3CHM 04/14/2023 04/14/2024
X PER

STATUTE
OTH-
ER
Y/N E.L. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE - POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION
For Informational Purposes
1990 N CALIFORNIA BLVD STE 20 PMB 1074
WALNUT CREEK CA 94596

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD