DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
CITY OF RICHMOND
CONTRACT AMENDMENT
Department: Community Development Project Manager: Lina Velasco Project Manager E-mail: Project Manager Phone No:
lina [email protected] (510) 620-6841
P.R. No: Vendor No: 12967 P.O./Contract No: 14073
Description of Services:
SCI Consulting Group will begin to assist the City Manager's Office, Economic Development Division to complete a Cannabis Equity Assessment and to draft a Cannabis Equity Ordinance Amendment No. 3 modifies the: (2" or subsequent amendments attach Amendment History page) /Term, Payment Limit and Service Plan Payment Limit and Service Plan Term and Service Plan Service Plan
The parties to this Contract Amendment do mutually agree and promise as follows:
1. Parties. The parties to this Contract Amendment are the City of Richmond, California, a municipal corporation (City), and the following named Contractor:
Company Name: SCI Consulting Group
Street Address: 4745 Mangels Boulevard
City, State, Zip Code: Fairfield, CA 94534
Contact Person: John Bliss, P.E.
Telephone: (707) 430-4300 Email: [email protected]
Business License No: 4005-6534 / Expiration Date: January 7, 2022 A California / corporation, limited liability corporation general partnership limited partnership, individual. non-profit corporation, individual dba as [specify:]
other [specify:]
2. Purpose. This Contract Amendment is being entered into to amend the Contract between City and Contractor which was approved by the City Council of the City of Richmond or executed by the City Manager on January 31, 2018 , which original term commenced on December 1, 2017 and terminates December 31, 2018 with an original contract payment limit of S9,900.00 Said contract shall hereinafter be referred to as the "Original Contract" and is incorporated herein by reference.
3. Original Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Contract, and any amendments thereto, which are unaffected by this Contract Amendment.
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Original Contract, or any amendment thereto.
5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section 7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.
6. Insurance Coverage Updated and Maintained. Pursuant to the Original Contract. the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.
7. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND, CALIFORNIA CONTRACTOR:
a municipal corporation
• Docusigned by: SCI Consulting Group
By Hermas k. Butt (The Corporation Chairperson of the Board, President or SAA4FEA8538E4C0 Vica-Prysidept should sign on the line below.) Title: eatyrManager Jdun W. Bliss
B
-085FD7087D84BE
I hereby certify that the Original Contract President
Title:
and this Amendment have been approved
by the City Council or executed by the City (The Corporation Chief Financial Officer, Secretary or Manager. Assistant Secretary should sign on the line below.) •DocuSiuned by:
Pamela Cristian
By 00008E51510108 By:
City Clerk
Title:
(NOTE: Pursuant to California Corporations
Approved as to form: Code Section 313, if Contractor is a Docusigned by: corporation or nonprofit organization, this Contract (1) should be signed by the
By_ Chairperson of the Board, President or
+06004E406048
City Attorne Vice-President and the Chief Financial
Officer, Secretary or Assistant Secretary: (2)
List of Attachments: should have both signatures conform to
1. Amendment Provisions designated representative groups pursuant
2. Updated Insurance Certificates to Corporations Code Section 313.
Contract Amendment/EJ/TE 09-26-07
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 Contract Amendment between the City of Richmond and
SCI Consulting Group
Amendment No. P.O./Contract No.
3 (4073
AMENDMENT PROVISIONS (TERM. PAYMENT LIMIT AND SERVICE PLAN) Paragraph 2 (Term) of the Original Contract is hereby amended to extend the Contract term. Paragraph 2 of the Original Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
December 1, 2017
(Insert original contract commencement date)
and it terminates
June 30, 2023
(Insert new contract termination date)
unless sooner terminated as provided herein."
2. Paragraph 3 (Payment Limit) of the Original Contract is hereby amended to increase the payment limit by $ 40,000.00 - Paragraph 3 of the Original Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $ 100,400.00 _ including expenses.*
"The City of Richmond shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.
The Service Plan (Exhibit A) of the Original Contract is hereby amended to include the following tasks and/or services:
1) SCI Consulting Group will create a Cannabis Equity Assessment by collecting data on the current Cannabis sector, conduct stakeholder interviews and present findings during multiple community meetings and City Council Meetings 2) Integrate findings from Equity Assessment, input from Richmond resident and business and direction from City Council to create a Cannabis Equity Ordinance.
Contract Amendment/EJ/TE 9-26-07
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 SC/ConsultingGroup
Public Finance Consulting Services
November 23, 2020
Submitted via electronically
https://spaces.hightail.com/uplink/Procurement
Office of Procurement and Contracting
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Re: RFP #03-21 - Cannabis Equity Assessment
To Whom it May Concern:
SC/ConsultingGroup ("SCI") is pleased to submit this proposal for cannabis-related services to the City of Palm Springs ("City") to conduct an Equity Assessment. SCI understands that the City of Palm Springs was awarded grant funding for the assistance of a cannabis equity assessment per the California Cannabis Equity Act, as amended by AB 97 (Stats. 2019, Ch. 40). SCI also understands the City is seeking a consultant to complete the cannabis social equity assessment with the necessary expertise and experience, to provide very high-quality project work within a very tight timeline.
SCI is one of California's small number of premier firms providing public agency consulting for the implementation of local cannabis regulation - and are the most experienced with cannabis- related equity policy. We have broad and direct experience with California municipalities providing all the services supporting regulated local cannabis policy and businesses. We are currently providing similar equity-related services to the City of Richmond in Contra Costa County and are currently being considered for these services by several other California municipalities.
We believe our expert knowledge of the cannabis industry, coupled with our broad experience providing municipalities with regulation, revenue, and administration consulting services, will serve the City of Palm Springs well. We look forward to this opportunity in assisting the City with this important project and stand ready to proceed. If you have any questions or require additional information, please do not hesitate to contact me. I can be reached at (707) 430-4300 or via e-mail at john. [email protected].
Sincerely.
John Bliss, P.E.
President
SCI Consulting Group | 1745 Mangels Blvd. | Fairfiekd, Califernia 94534 | 1707) 430-4300 | www.sci-cg.com DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 A.2 SCI BACKGROUND AND QUALIFICATIONS
SCI provides cannabis-related advice and broad consulting services to a variety of public agencies in California, Including community support analysis, ordinance development, equity program development, fee studies, taxation, implementation, application process development, review, and scoring, monitoring and compliance, business tax auditing, and community outreach.
Our core philosophy and approach towards implementing local cannabis policy is more broadly balanced than that of our competitors. Our philosophy comes from our genesis as a solution- based engineering firm that has evolved and developed in-house expertise in public policy and community outreach. Although our quantitative and regulatory rigor, and attention to detail, are unsurpassed, we balance this with realistic approaches to real-world challenges. Hence, SCI balances enforcement of local and state code along with the need to support viable cannabis businesses and to shepherd non-compliant businesses into a safe and regulated environment.
We have provided detailed analysis and recommendations for various cannabis policy decisions for virtually all our clients, including cannabis equity programs. As previously stated, we are currently assisting the City of Richmond with the development of an equity program and are being considered by several other California municipalities. We are very familiar with the State of California's Cannabis Equity Grant program.
We encourage you to contact our clients who can attest to the level of service we provide, the long-term relationships we have developed, and our successful cannabis implementation experience. Finally, we have worked extensively in Riverside County, and currently provide, or have provided, engineering and consulting services to numerous Riverside County public agencies.
A.3 SUBCONTRACTORS
SCI will not use any subcontractors on this project.
A.4 KEY TEAM MEMBERS
Below is a brief description of the proposed team for this project: Kyle Tankard, Arcelia Herrera, Sonia Ortega and John Bliss. Kyle will serve as project manager and day-today contact. For the sake of brevity, details regarding their project work is included in the Reference section.
KYLE TANKARD SENIOR CONSULTANT - CANNABIS BUSINESS LEADER Kyle Tankard serves as the Cannabis Business Leader at SCI providing local cannabis policy expertise in California. He plays a diverse role, assisting municipalities with all aspects of local cannabis implementation, including regulatory development, taxation policy and cost recovery, cannabis compliance, application review, and cannabis-related public education, equity and outreach. Mr. Tankard led the community outreach and input process and drafting of the Equity Ordinance for the City of Richmond. Also, he currently leads cannabis policy implementations for the Cities of Coalinga, Dunsmuir, El Monte, Shasta Lake, and San Bernardino. He is a graduate of University of California, Santa Cruz.
CITY OF PALM SPRINGS PAGE 4 oF 15
PROPOSAL FOR RFP #03-21 — CannaBis Eouity AssESSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
ARCELIA HERRERA SENIOR CONSULTANT
Arcelia Herrera serves as a senior Cannabis Consultant at SCI, contributing extensive experience assisting local agencies in developing cannabis policies for regulation, compliance, auditing, and economic development. Ms. Herrera has developed implementation oversight, monitoring and compliance processes for several ethnically diverse jurisdictions in California and contributes comprehensive knowledge of implementing compliance regulations for all cannabis activities.
Ms. Herrera currently leads these efforts in the Cities of Merced, Coalinga and Woodlake. She is a graduate of California State University, Monterey Bay.
SONIA ORTEGA CONSULTANT
Sonia Ortega brings 10 years of project management experience to SCI, working with both large and small businesses. She currently focuses on assisting cities and Special Districts with public opinion research, fees, taxes and assessments, and community outreach. Ms. Ortega currently leads our local cannabis policy work with the City of San Mateo. She has a A.A. in Business Administration.
JOHN BLIsS M.ENG., P.E., PRESIDENT
John Bliss, a professional engineer and President of SCI, specializes in local cannabis policy, and special revenue consulting. He was instrumental in developing the now-standard implementation process used by most municipalities in California to implement local cannabis policy. Mr. Bliss has had a long career developing and implementing equity, diversity and inclusion policy reaching back almost 30 years to the ground-breaking implementation for the City of San Francisco public works construction employment following the Rodney King uprising in 1991. He is a graduate of Brown University with a Bachelor of Science Degree in Engineering. He holds a master's degree in Civil Engineering from The University of California, Berkeley, where he was a Regent's Scholar.
Mr. Bliss is a licensed Professional Civil Engineer in the State of California and is a LEED accredited professional.
A.5 REFERENCES
Some of SCI's most current and recent similar cannabis-related services provided:
City of Coalinga
Cannabis Services: Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Review; Regulatory
Fees; Monitoring and Compliance
Status: Ongoing Contract Amount: $116,640
Contact: Sean Brewer, Community Development Director
[email protected]: (559) 935-1533, ext. 124
City of Merced
Cannabis Services: Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Development and
Review; Application Process; Fees and Implementation;
Regulatory Fees. Monitoring and Compliance.
Status: Ongoing Contract Amount: $285,000
CITY OF PALM SPRINGS PAGE 5 OF 15
PROPOSAL FOR RFP #03-21 - CANNABIs EQuITY ASSESSMENT
By SCiConsultingGroup, November 2020
DocuSign Envelope ID: B88DOD92-6C8E-4A07-93FE-9708D0A5BE53 Contact: Kim Espinoza, Planning Manager
[email protected]; (209) 385-6858
City of Richmond
Cannabis Services: Community Outreach and Stakeholder Engagement; Ordinance Development and Review; Application Process; Fees and
Implementation; Equity Program
Status: Ongoing Contract Amount: $60,400
Contact: Lina Velasco, Planning Manager
[email protected]; (510) 620-6841
City of Shasta Lake
Cannabis Services: Implementation Planning; Community Outreach and Stakeholder Engagement; Ordinance Development and
Review; Application Process and Fees; Regulatory Fees;
Tax Measure; Monitoring and Compliance
Status: Ongoing Contract Amount: $50,000
Contact: John Duckett, City Manager
[email protected]; (530) 275-7427
City of West Hollywood
Cannabis Services: Application Process, Scoring Methodology, and Application Review
Status: Ongoing Contract Amount: $75,000
Contact: John Leonard, Community and Legislative Affairs Manager [email protected]: (323) 848-6446
Additional cannabis clients include:
City of Alameda City of Goleta City of Santa Clara
City of Avalon City of La Mesa City of Vallejo
City of Colfax City of Livingston City of Woodlake
City of Concord City of Lompoc City of Yreka
City of Davis City of San Bernardino County of Alameda
City of Dunsmuir City of San Carlos County of San Benito City of El Monte City of Santa Ana County of San Luis Obispo City of Encinitas
CITY OF PALM SPRINGS PAGE 6 OF 15
PROPOSAL FOR RFP #03-21 — CANNABIs EQuITY AsSESSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 SECTION B:
PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND DEMONSTRATED UNDERSTANDING
OF THE OVERALL PROJECT AND REQUESTED SCOPE OF WORK
B.1 PROPOSAL ORGANIZATION
We have carefully reviewed and verify that our proposal is well organized and follows all of the instructions including proper organization, format, order, and conformance with all requirements, and including any and all required signatures, attachments, acknowledgements, and other documents that are required to be submitted.
B.2 OVERALL PROJECT UNDERSTANDING
Like virtually every municipality in California which allows safe and regulated cannabis businesses, Palm Springs is interested in ensuring that access to these emerging business opportunities is equitable. Long-standing and persistent obstacles to general business opportunities for affected communities (primarily Black/African American, LatinX and indigenous) that exist within our country are even more severe regarding cannabis-related businesses because of the racial targeting associated with the War on Drugs (19905 to the Present.)
Essentially, the City is interested in:
• Better understanding and justifying the data regarding affected local communities • Better understanding of the City's options to address these inequities • Special focus on City's significant year-round LatinX community • Better tools to communicate the challenges and solutions • Better strategies and tactics to implement equity solutions • Fulfillment of grant requirements (per the California Cannabis Equity Act) B.3 KEY ISSUES
From our experience, several of the key issues to complete this project include:
• Identification of and communication with key stakeholders • Commitment and "buy-in" from City staff and elected officials, and larger community • Willingness to consider more creative "out-of-the-box" solutions We have addressed these challenges with our current and previous clients through persistent, detailed, and rigorous communications and education. This is a heavy lift, but it can be done.
Also, with our equity related clients, consistently the biggest challenge for "Equity Ownership" businesses has been access to capital. We have developed some effective approaches for this, but it remains a challenge.
CITY OF PALM SPRINGS PAGE 7 OF 15
PROPOSAL FOR RFP #03-21 - CANNABIs EQuITY AsSESSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 SECTION C:
WORK PROPOSAL
C.1 SCOPE OF WORK
SCI will work with City Staff, elected officials, existing and potential commercial cannabis business owners, and other community stakeholders to complete this project. The intent of this work is to mitigate the barriers to equity within the commercial cannabis marketplace for populations negatively or disproportionately impacted by cannabis criminalization by providing them assistance and opportunity to participate in the cannabis industry. The Equity Assessment will meet/exceed the requirements outlined in the Grant Solicitation provided by the Governor's Office of Business and Economic Development.
SCI will conduct an equity assessment and produce a report analyzing available data related to disparities in the cannabis industry. The equity assessment will examine the local, state, and national history of cannabis regulation, the war on drugs, and its impact on the City. It will review known characteristics of the City's existing cannabis industry and discuss barriers to entry into the industry. Finally, the assessment will provide recommendations regarding policy options meant to inform the creation of the City's Equity Program.
SCI's approach includes several important steps, shown below:
1. Kick-off and project definition
2. Data Collection and Analysis
3. Identification and Development of Potential Solutions
4. Development of Associated Communication Tools
5. Finalization of Findings and Recommendations
For each of these tasks, SCI team members will obtain the fundamental data, analyze that data and make conclusions based upon local, political, administrative, and legal considerations. All conclusions will be practical, and data driven.
Tasks (Including tasks described in the RFP document)
1.) Kick Off
Conduct a "Kick-off Meeting" to discuss and finalize project goals, project timeline and deliverables. Also, identify sources of all data (including Police data) required for the following analyses.
2.) Analysis Tasks
Provide a data-informed look at the history of impacts the illegalization of cannabis had on the community, including an analysis of poverty and Palm Springs Police Department Statistics.
Identify, confirm, and describe impacted communities and populations within the City that have been negatively and/or disproportionately impacted by cannabis criminalization.
CITY OF PALM SPRINGS PAGE 8 OF 15
PROPOSAL FOR RFP #03-21 - CANNABIs EouITY AssESSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 Determine the access of impacted communities and populations to training programs and technical assistance to reduce and remove barriers to ownership of commercial cannabis business activities.
3.) Solution Tasks
Develop recommendations that will help assure that there is equity and diversity in the emerging cannabis industry.
4.) Communication Tools Tasks
Develop maps with Council District overlays that include Palm Springs Police Department and Planning data.
Prepare a validation study to support participation of marginalized community members in the cannabis industry-
5.) Final Tasks
Prepare a technical report to analyze data related to the disparities in the cannabis industry.
Provide recommendations regarding policy options that could foster equitable access to industry participants. The "deliverable" is an equity assessment report and a PowerPoint presentation including recommendations.
CITY OF PALM SPRINGS PAGE 9 OF 15
PROPOSAL FOR RFP #03-21 — CannaBis Eoulty AssEsSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 SECTION D:
PROJECT SCHEDULE
D.1 SCHEDULE
If selected, SCI will conduct a kick-off meeting to discuss and finalize project goals and project timeline and deliverables. Following is a general schedule:
Early December Kick-off and project definition
December thru January 1 Data Collection and Analysis
January 1 thru January 10 Identification and Development of Potential Solutions January 10 thru January 15 City Intermediate Review
January 16 thru January 26 Development of Associated Communication Tools January 16 thru January 26 Finalization of Findings and Recommendations D.2 LINES OF COMMUNICATION
SCI efficiently uses e-mail text, voice, and virtual meetings to communicate with clients and would plan to do so on this project. We copy the entire team (Kyle, Arcelia, Sonia, and John) on all correspondence and would work consistent with the City's communication protocols. We do anticipate any significant communications challenges on this project.
D.3 QUALITY CONTROL
SCI is fully committed to extremely high work standards and SCI's team-based approach includes frequent and scheduled peer-review amongst team members and non-team member SCI employees.
CITY OF PALM SPRINGS PAGE 10 OF 15
PROPOSAL FOR RFP #03-21 — CannaBis Eoulty AssEsSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A58E53 SECTION E:
LOCAL PREFERENCE
E.1 COMPLIANCE WITH ORDINANCE 1756
SCI is not eligible for this preference.
E.2 TEAM MEMBERS WITH LOCAL EXPERTISE
Team member John Bliss has worked with former clients Coachella Valley Mosquito and Vector Control District and CAL FIRE in Coachella Valley and has familiarity of the culture, demographics, local politics, geography, etc. of the area.
CITY OF PALM SPRINGS PAGE 11 OF 15
PROPOSAL FOR RFP #03-21 — Cannanis Eoulty AssessMenT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
ADDITIONAL INFORMATION
Employment Policies
SCI does not and shall not discriminate against any employee in the workplace or any applicant for such employment or any other person because of race, religion, sex, color, national origin, handicap, age, or any other arbitrary basis. SCI Consulting Group ensures compliance with all civil rights laws and other related statutes.
Conflict of Interest Statements
SCI has no known past, ongoing, or potential conflicts of interest for working with the City, performing the Scope of Work, or any other service for this project.
Insurance
SCI carries professional Errors and Omissions insurance for $2 million per occurrence and $2 million aggregate. SCI has general liability insurance for $2 million per occurrence and $4 million aggregate.
Independent Contractor
If selected, SCI shall perform all services included in this proposal as an independent contractor.
Scope of Work
If the City elects to request optional, additive scope of work, SCi will work with the City to negotiate compensation for these additional tasks and execute an addendum to the agreement for these additional services.
Responsibilities of the City
SCI will make every effort to minimize the City's workload but may need assistance, iteratively, with project overview and history, scheduling, and budgeting.
Coordination with the City
SCI will coordinate services with City staff through frequent and concise communications, including face-to-face meetings, virtual meetings, telephone calls, and e-mail.
CITY OF PALM SPRINGS PAGE 12 OF 15
PROPOSAL FOR RFP #03-21 - CANNABIs EQuITy AsSESSMENT
By SC/ConsultingGroup, November 2020
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 ATTACHMENT "C"
REQUEST FOR PROPOSAL (RFP #03-21)
Cannabis Equity Assessment
COST PROPOSAL
Responding to Request for Proposal No. 03-21, Cannabis Equity Assessment and Related Services, IWE agree to provide all work and services as defined in the Scope of Work herein. IWE will accept as payment the following Rates/Fees for providing all labor, supervision, statements and report services to complete the required serives. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver "describe here* as defined in the Scope of Work herein. $40,000
(PRICE IN FIGURES)
Forty-Thousand Dollars
(PRICE IN WORDS)
(Provide any segregated subtask fees if any on separate attached sheet).
NOTE: This page MUST be manually signed.
Certified by: SCI Consulting Group
Firm Name
Spared Alone Boson
John W. Bliss
Printed Name
President
Title
11/17/2020
Date
SCI's hourly rates shown in the table below:
SCI Staff Hourly Rate
John Bliss, President $ 280
Kyle Tankard, Senior Cannabis Consultant $ 280
Arcelia Herrera, Senior Cannabis Consultant $ 280
Sonia Ortega, Cannabis Consultant $ 220
Support Staff $ 70
Incidental costs incurred for the purchase of additional travel and other out-of-pocket expenses will be reimbursed at actual cost, with the total not to exceed $1,500 without prior authorization from the City.
The scope of work includes three face-to-face staff meetings. If required, any additional meetings Page | 15 shall be billed at the rate of $1,050 per person, per meeting DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 Contract Amendment between the City of Richmond and
CCI Caneultinn Arun
Amendment No. P.O./Contract No
3 14073
AMENDMENT PROVISIONS (AMENDMENT HISTORY)
The first Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on June 19, 2018 for one or more of the following provisions (check those that apply):
Increased contract payment limit by $ 50,500.00 _for a payment limit not to exceed $ 60,400.00
Term Amendment (insert new termination date): December 31, 2019 Service Plan
The second Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on January 20, 2020 _ for one or more of the following provisions (check those that apply):
Increased contract payment limit by S _for a payment limit not to exceed $ 60,400.00
Term Amendment (insert new termination date); 6/30/2021 Service Plan
The third Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by $ 40,000.00 for a payment limit not to exceed $ 100,400.00
Term Amendment (insert new termination date): 06/30/2023 Service Plan
The fourth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the following provisions (check those that apply):
Increased contract payment limit by S for a payment limit not to exceed $ 100,400.00
Term Amendment (insert new termination date):
Service Plan
The fifth Contract Amendment was approved by City Council of the City of Richmond or executed by the City Manager on for one or more of the
following provisions (check those that apply):
Increased contract payment limit by S for a payment limit not to exceed $ 100,400.00
Term Amendment (insert new termination date):
Service Plan
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 _Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or Its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which It has agreed to provide Commercial General Liability Insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a walver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers' Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance - the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG D001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (15O Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers' Compensation Insurance as required by the State of California including Employer's Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers' Compensation Insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR'S profession (if required.)
Required Coverage Minimum Limits
Workers' Compensation and Statutory limits as required by the State of California including $1 million Employers* Liability Employers' Liability per accident, per employee for bodily injury or disease.
IF CONTRACTOR Is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- If contractor is a sole proprietor (has no employees) than contractor must sign "Contractor Release of Liability" found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general (primary and excess limits aggregate shall apply separately to this project, service or location or thi combined)
Imit (54 millon ed gregetatin)it shall be twice the per occurrenc olicy shall be endorsed to name the City of Richmond as an additiona nsured per the conditions detailed belov
Type 2 - Page 1 of 3
Revised: September 2011
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 Exhibit F
_ Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors & PROJECT COST REQUIRED LIMIT Omissions Liability - .S. million.pl9
51 million - $5 millior $2 million p/d
Required for all professionals
Over $5 million $5 million p/o
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage:
The City of Richmond, Its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out f the operations by or on behalf of the named insured including bodil njury, deaths and property damage or destruction arising in any resper directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor's insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any the insure ne of the contre tor at in to way reeves the orator from its responsibility to provide insurance
Waiver of Subrogation Contractor's insurer will provide a Waiver of Subrogation in favor of the City Endorsement Form for Workers' Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found a
tttp://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured Any deductible or self-insured retention must be declared to and approved Retentions by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss
A. M. Best Rating A:VIl or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the lability limits, coverage shall be as broad as specified for underlying coverage's and cover those insured in the underlying policies.
Type 2 - Page 2 of 3
Revised: September 2011
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53 Exhibit F
Section 8
City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that Insurance is obtained by CONTRACTOR, and/or CONTRACTOR's subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR ar any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.
The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until Insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City's insurance requirements, the City may take such action as it deems necessary to protect the City's interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days' prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
he insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceabl nly to the minimum extent necessary so that the remaining terms and provisions herein may be consistent wit public policy and thus enforceable.
Type 2 - Page 3 of 3
Revised: September 2011
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
DATE (MM/DD/YYYY)
ACORD CERTIFICATE OF LIABILITY INSURANCE
4/21/2021
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confor rights to the certificate holder in lieu of such endorsements).
CONTACT
PRODUCER
NAME
Arthur J. Gallagher & Co. PHONE [FAI
TAr No. ExtI 925-299-1112 AC. NoT: 925-299-0328
2121 N. California Bivd., Suite 350
E-MAIL
Wainut Creek CA 94596 ADoREss jamie [email protected]
INSURERS) AFFORDING COVERAGE NAIC A
INSURER A : Sentinel Insurance Company Ltd 11000
INSURED SCICONS-D1
INSURER B Gemini Insurance Company 10833
SCI Consulting Group
Consequence Properties INSURER C: Markel Insurance Company 38970 4745 Mangels Boulevard INSURER D:
Fairfield CA 94534-4319 INSURER E
INSURER F:
CERTIFICATE NUMBER: 181282869
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.
INSAT
ILTR
X COMMERCIAL GENERAL LIABILITY 57SBARH8313DX 4/20/2021 4/20/2022 EACH OCCURRENCE $2,000,000
DAMADE TO RENTED
CLAIMS-MADE OCCUR $1,000.0DD
MECI EXP (Any one perton $ 10,000
PERSONAL & ADV INURY $2,000.000
GENL AGGREGATE LIMIT APPLIES PER DENERAL AGGREGATE $4,000,000 POLICY LOC PRODUCTS - COMPIOP AGG $4.000.000
OTHER
AUTOMOBILE LIABILITY 579BARH8313DX 4/20/2021 4/20/2022 OMBINED SINGLE LIME $2,000,000 Fa sciden
ANY AUTO BODILY INJURY (Per person)
OWNED SCHEDULED BODILY INJURY (Feracocont
AUTOS ONLY AUTOS
HIRED NON OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident
UMBRELLA LIAB OCCUR 57SBARH8313DX 4/20/2021 4/20/2022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADIE AGGREGATE $1,000.000
DED RETENTIONS
WORKERS COMPENSATION MWC000353311 4/20/2021 4/20/2022 STATUTE! 19*
AND EMPLOYERS LIABILITY
ANYPROPRIETOR PARTNER/EXECUTIVE EL EACH ACCIDENT 51.000.000 OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) EL DISEASE - EA EMPLOYEE $1,000.000
DESCRIPTION OPERATIONS LAte E.L DISEASE POLICY LIMIT $ 1,000,000 Service & Technical Professional VCPL066555 12/17/2020 12/17:2021 Each Caim $2,000,00D Liabilty - Claims Made Igге0e $2,000.000
Retuacive Date: 12/17/199# $25,000
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required Excess Liability coverage is in excess of General Liability and Auto Liability Only The City of Richmond, Its officers, agents, and employees are included as additional insured per form SS0008 04 05 attached as respects general liability and auto liability. Primary Wording applies per form SS0008 04 05 attached. Written contract required
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Richmond ACCORDANCE WITH THE POLICY PROVISIONS. 450 Civic Center Plaza
Richmond CA 94804 AUTHORIZED REPRESENTATIVE
USA Abst
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
Form SS D0 08 04 05
© 2005, The Hartford
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM Beginning on Page
A. COVERAGES 1
Business Liability 1
Medical Expenses
Coverage Extension - Supplementary Payments
B. EXCLUSIONS 3
C. WHO IS AN INSURED 10
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE 14
E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15
1. Bankruptcy 15
2. Duties in The Event Of Occurrence, Offense. Claim Or Suit 15
3. Financial Responsibility Laws 16
4. Legal Action Against Us 16
5. Separation Of Insureds 16
6. Representations 16
7. Other Insurance 15
8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18
Additional Insureds 18
G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20
Form SS 00 08 04 05
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and is not covered
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured.
Other words and phrases that appear in quotation marks have special meaning Refer to Section G. - Liability And Medical Expenses Definitions.
A. COVERAGES (a) The "bodily injury" or "property
damage" caused by an
1. BUSINESS LIABILITY COVERAGE (BODILY "occurrence" that takes place in the INJURY, PROPERTY DAMAGE, PERSONAL "coverage territory"
AND ADVERTISING INJURY)
(b) The "bodily injury" or "property
Insuring Agreement
damage" occurs during the policy
a. We will pay those sums that the Insured penod; and
becomes legally obligated to pay as (c) Prior to the policy period, no insured damages because of "bodily injury". listed under Paragraph 1. of Section "property damage" or "personal and C. - Who Is An Insured and no advertising injury" to which this insurance "employee" authorized by you to give applies. We will have the right and duty to or receive notice of an "occurrence" defend the insured against any "suit"
or claim, knew that the "bodily injury"
seeking those damages: However, We Will or "property damage" had occurred, have no duty to defend the insured against in whole or in part. If such a listed any "sult" seeking damages for "bodily Insured or authorized "employee" injury". "property damage" or "persorial and knew, prior to the policy period, that advertising injury to which this insurance the "bodily Injury" or "property does not apply. damage" occurred, then any
We may, at our discretion, investigate any continuation, change or resumption "occurrence" or offense and settle any claim of such "bodily injury" or "property or "suit" that may result. But: damage" during or after the policy (1) The amount we will pay for damages is period will be deemed to have been limited as described In Section D. - known prior to the policy period Liability And Medical Expenses Limits (2) To "personal and advertising injury" Of Insurance: and caused by an offense arising out of your (2) Our right and duty to defend ends when business, but only if the offense was we have used up the applicable limit of committed in the "coverage territory" insurance in the payment of judgments, during the policy period settlements or medical expenses to which c. "Bodily injury" or "property damage" will be this insurance applies. deemed to have been known to have No other obligation or liability to pay sums or occurred at the earliest time when any perform acts or services is covered unless insured listed under Paragraph 1. of Section explicitly provided lor under Coverage C. - Who Is An Insured or any "employee" Extension - Supplementary Payments. authorized by you to give or receive notice of an "occurrence" or claim:
b. This insurance applies:
(1) Reports all, or any part, of the "bodily
(1) To "bodily injury" and "property
damage" only if: injury" or "property damage" to us or
any other insurer:
Form SS 00 08 04 05 Page 1 of 24
© 2005, The Hartford
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(2) Receives a wotten or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage": or applicable limit of insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for:
"bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident:
d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury" professional nursing and funeral
8. Incidental Medical Malpractice services.
(1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or fallure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse. emergency "sull" we investigate or settle, or any "sult" medical technician or paramedic shall against an insured we defend:
be deemed to be caused by an
"occurrence", but only if. (1) All expenses we incur.
(a) The physician, dentist, nurse, (2) Up to $1.000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services: and any vehicle to which Business Liability Coverage for "bodily injury" applies. We
(b) You are hot engaged in the do not have to furnish these bonds business or occupation of providing
such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond
(2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical Insurance. We do not have to furnish malpractice, any act Or omission
these bonds.
together with all related acts or
omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be Insured at our request to assist us in the considered one "occurrence". Investigation or defense of the claim or "sull". Including actual loss of earnings
2 MEDICAL EXPENSES
up to $500 a day because of time off
Insuring Agreement Irom work
a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit".
accident (6)
Prejudgment interest awarded against
(1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not
(3) Because of your operations; pay any prejudgment interest based on that period of time after the offer
provided that: All interest on the full amount of any
(7)
(1) The accident takes place in the judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid. policy period offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident, and Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by
physicians of our choice as often as we
reasonably require.
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
b. If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attomeys" fees incured by us in the named as a party to the "sull". we will defense of that indemnitee, necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met: necessary litigation expenses incurred (1) The "suit" against the indemnitee by the indemnitee at our request will be seeks damages for which the insured paid as Supplementary Payments. has assumed the liability of the Notwithstanding the provisions of indemnitee in a contract or agreement Paragraph 1.b.(b) of Section B. - that is an insured contract: Exclusions, such payments will not be (2) This insurance applies to such liability deemed to be damages for "bodily assumed by the insured: injury" and "property damage" and will not reduce the Limits of Insurance.
(3) The obligation to defend, or the cost of
the defense of, that indemnitee, has Our obligation to defend an insured's also been assumed by the insured in indemnitee and to pay for attomeys' fees the same "insured contract"; and necessary litigation expenses 8S Supplementary Payments ends when
(4) The allegations in the "suit" and the
information we know about the (1) We have used up the applicable limit "occurrence" are such that no conflict of insurance in the payment of appears to exist between the interests judgments or settlements: or of the insured and the interest of the (2) The conditions set forth above, or the indemnitee: terms of the agreement described in
(5) The indemnitee and the insured ask Paragraph (6) above, are no longer met. us to conduct and control the defense B. EXCLUSIONS
of that indemnitee against such "suit" 1. Applicable To Business Liability Coverage and agree that we can assign the
same counsel to defend the insured • the in red This insurance does not apply to:
and the indemnitee; and a. Expected Or Intended Injury
(6) The indemnitee: (1) "Bodily Injury" or "property damage" (a) Agrees in writing to: expected or intended from the standpoint of the insured. This
(i) Cooperate with us in the
exclusion does not apply to "bodily
investigation, settlement or
defense of the "suit": injury" or "property damage" resulting from the use of reasonable force to
(il) Immediately send us copies of protect persons or property; or any demands. notices, "Personal and advertising injury arising (2)
summonses or legal papers
received in connection with out of an offense committed by, at the the "suit: direction of or with the consent or
acquiescence of the insured with the
(ill) Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury"
indemnitee: and b. Contractual Liability
(iv) Cooperate with us with (1) "Bodily injury" or "property damage": or respect to coordinating other
applicable insurance available (2) "Personal and advertising injury" to the indemnitee: and for which the insured is obligaled to pay (b) Provides uS with written damages by reason of the assumption of authorization to: liability in a contract or agreement. (i) Obtain records and other This exclusion does not apply to liability information related lo the for damages because of:
"sult; and (a) "Bodily injury". "property damage" or
(il) Conduct and control the "personal and advertising injury" that defense of the indemnitee in the insured would have in the such "suit" absence of the contract or
agreement; or
Form SS 00 08 04 05 Page 3 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed in a contract or agreement conduct of the insured's business, or that is an "insured contract. (2) The spouse, child, parent, brother or provided the bodily injury or sister of that "emplayee" as a "property damage" OcCurS consequence of (1) above.
subsequent to the execution of the
This exclusion applies:
contract or agreement. Solely for
the purpose of liability assumed in (1) Whether the insured may be liable as an "Insured contract" reasonable an employer or in any other capacity; attorneys' fees and necessary and
litigation expenses incumed by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured
(i) Liability to such party for, or for contract.
the cost of, that party's defense f. Pollution
has also been assumed in the
same "insured contract", and (1) "Bodily injury". "property damage" or "personal and advertising injury"
(ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge. dispersal. defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants":
resclution proceeding in which
damages which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any time owned or occupied by, or
c. Liquor Liability rented or loaned to any insured
"Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to:
reason of: (1) "Bodily injury" if sustained within
(1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The fumishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat. under the influence of alcahol; or cool or dehumidify the building. or equipment that is used to
(3) Any statute, ordinance or regulation heat water for personal use, by relating to the saie, gift, distribution or the building's occupants or their use of alcoholic beverages.
guests;
This exclusion applies only if you are in the (il) Bodily injury or "property business of manufacturing. distributing, damage" for which you may be selling, serving or fumishing alcoholic held liable, if you are a beverages. contractor and the owner or
d. Workers' Compensation And Similar lessee of such premises, site or Laws
location has been added to your
Any obligation of the insured under a policy as an additional instired workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that
e. Employer's Liability premises, site or location and
"Bodily injury" to: such premises, site or location
is not and never was owned or
(1) An "employee" of the insured arising
occupied by. or rented or
out of and in the course of:
loaned to any insured, other
(a) Employment by the insured; or than that additional insured; or
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(li) "Bodily injury" or "property released as part of the damage" arising out of heat. operations being performed smoke or fumes from a by such insured, contractor or
"hostile fire": subcontractor;
(b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection
(c) Which are or were at any time with operations being perfarmed transported, handled, stored, by you or on your behalf by a treated, cisposed of, or processed contractor or subcontractor: or as waste by or for: (il) "Bodily injury" or "property
(i) Any insured; or damage" arising out of heat,
smoke or fumes from a
(il) Any person or organization for "hostile fire"; or
whom you may be legally
respons ble; (e) At or from any premises, site or
location on which any insured or any
(d) Al or from any premises, site or subcontractors
contractors Or
location on which any insured or
working directly or indirectly on any
any contractors or subcontractors
insured's behalf are performing
working directly or indirectly on operations if the operations are to any insured's behalf
perorming operations if the test for, monitor, clean up. remove, "pollutants" are brought on or to contain, treat, detoxify or neutralize, or in any way respond to, or assess
the premises, site or location in the effects of, "pollutants". connection with such operations
by such insured, contractor (2) Any loss. cost or expense arising out subcontractor. However, this of any:
subparagraph does not appiy to: (a) Request, demand, order or statutory (I) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others lest for, monitor, escape of fuels, lubricants or clean up. remove: contain, treat. other operating fluids which are detoxify or neutralize, or in any way needed to perfum the normal respond to, or assess the effects of, electrical, hydraulic Or "pollutants"; or
mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority
"mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing. operating fluids escape from a containing, treating, cetoxifying or vehicle part designed to hold. neutralizing. or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of "pollutants" "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or If such fuels,
regulatory requirement, or such claim
lubricants ar other operating "suit" by or on behalf of a fluids are brought on or to the governmental authority
premises, site or location with
intent they be
these hed
discharged, dispersed or
Form SS 00 08 04 05 Page 5 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
g. Aircraft, Auto Or Watercraft (2) The use of "mobile equipment" in, or "Bodily Injury" ur "property damage" arising while in practice or preparation for, a out of the ownership, maintenance, use or prearranged racing, speed entrustment to others of any aircraft, "auto" demolition contest or in any stunting or watercraft owed or operated by or rented activity.
or loaned to any insured. Use includes i. War
operation and "loading or unloading" "Bodily injury". "property damage" This exclusion applies even If the claims "personal and advertising injury. however against any insured allege negligence or caused, arising. directly or indirectly, out of other wrongdoing in the supervision, hiring. (1) War, including undeclared or civil war employment, training or monitoring of others
by that insured. If the 'occurrence" which (2) Warlike action by a military force. caused the "bodily injury" or "property including action in hindering or damage" involved the ownership, defending against an actual or maintenance, use or entrustment to others of expected attack, by any government. any aircraft • "auto" or watercraft that is sovereign or other authority using owned or operated by or rented or loaned to military personnel or other agents: or any insured. (3) Insurrection, rebellion, revolution,
This exclusion does not apply to: usurped power, or action taken by governmental authority in hindering or
(1) A watercraft while ashore on premises defending against any of these. you own or rent:
/- Professional Services
(2) A watercraft you do not own that is:
"Bodily injury". "property damage" or
(a) Less than 51 feet long; and "personal and advertising injury" arising (b) Not being used to carry persons out of the rendering of or failure to render for a charge: any professional service. This includes
Parking an "auto" on, or on the ways but is not limited to:
next to, premises you own or rent, (1) Legal accounting or advertising provided the "auto" is not owned by or services;
rented or loaned to you or the insured; (2) Preparing approving. or failing to (4) Liability assumed under any "insured prepare or approve maps, shop contract" for the ownership. drawings, opinions, reports, surveys, maintenance or use of aircraft or field orders, change orders, designs or watercraft: drawings and specifications:
(5) "Bodily injury" or "property damage" (3) Supervisory, inspection, architectural arising out of the operation of any of or engineering activities; the equipment listed in Paragraph f.(2) (4) Medical, surgical. dental, x-ray or or f.(3) of the definition of "mobile nursing services treatment, advice or equipment: or instruction;
(6) An aircraft that is not owned by any (5) Any health or therapeutic service insured and is hired, chartered or loaned treatment, advice or instruction:
with a paid crew. However, this
(6) Any service. treatment, advice or
exception does nat apply if the insured for
instruction the purpose of
has any other insurance for such "bodily appearance or skin enhancement, hair injury" or "property damage", whether
removal or replacement or personal
the other insurance is primary, excess.
contingent or on any other basis. grooming;
h. Mobile Equipment (7) Optical or hearing aid services including the prescribing, preparation,
"Bodily injury" or "property damage" fitting, demonstration or distribution of arising out of: ophthalmic lenses and similar
(1) The transportation of "mobile equipment" products or hearing aid devices; by an "auto" owned or operated by or
rented or loaned to any insured; or
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(8) Optometry or optometric services Paragraphs (1). (3) and (4) of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing. damage" (other than damage by fire) to preparation, fitting,demonstration or premises, including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products; fewer consecutive days. A separate Limit (9) Апу: of Insurance applies to Damage To
Premises Rented To You as described in
(a) Body piercing (not including ear Section D. - Limits Of Insurance. piercing):
Paragraph (2) of this exclusion does not
(b) Tattooing, including but not limited apply if the premises are "your work" and to the insertion of pigments into or were never occupied, rented or held for under the skin; and
rental by you.
(c) Similar services: Paragraphs (3) and (4) of this exclusion do (10) Services in the practice of pharmacy: not apply to the use of elevators:
and
Paragraphs (3). (4). (5) and (6) of this
(11) Computer consulting, design or exclusion do not apply to lability assumed programming services, including web under a sidetrack agreement. site design. Paragraphs (3) and (4) of this exclusion do Paragraphs (4) and (5) of this exclusion do not apply to "property damage" to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site.
Paragraph 1.e. in Section A. - Coverages. Paragraph (6) of this exclusion does not k. Damage To Property apply to "property damage" included in the "Property damage" to: "products-completed operations hazard". (1) Property you own, rent or occupy. Damage To Your Product including any costs or expenses "Property damage" to "your product" incurred by you, or any other person. arising out of it or any part of it. organization or entity. for repair. m. Damage To Your Work replacement, enhancement,
restoration or maintenance of such "Property damage" to "your work" arising property for any reason, including out of it or any part of it and included in the prevention of injury to a person or "products-completed operations hazard". damage to another's property: This exclusion coes not apply if the (2) Premises you sell, give away or damaged work or the work out of which abandon, if the "property damage" arises the damage arises was performed on your out of any part of those premises, behalf by a subcontractor. (3) Property loaned to you: n. Damage To Impaired Property Or Property Not Physically Injured
(4) Personal property in the care, custody
or control of the insured; "Property damage" to "impaired property" or property that has not been physically
(5) That particular part of real property on injured, arising out of which you or any contractors or
subcontractors working directly or (1) A defect, deficiency, inadequacy or indirectly on your behalf are performing dangerous condition in "your product" operations, if the "property damage" or "your work": or arises out of those operations; or (2) A delay or failure by you or anyone That particular part of any property acting on your behalf to perform a that must be restored, repaired or contract or agreement in accordance replaced because "your work" was with its terms.
incorrectly performed on it. This exclusion does not apply to the lass 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.
Form SS 00 08 04 05 Page 7 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or Impaired (c). Title of any literary or artistic work:
Property (8) Arising out of an offense committed by
Damages claimed for any loss, cost or an insured whose business is:
expense incurred by you or others for the (a) Advertising broadcastng. loss of use, withdrawal, recall, inspection, publishing or telecasting:
repair, replacement, adjustment, removal (b) Desigring or determining content or disposal of: of web sites for others; or
(1) "Your product"; (c] An Internet search,
access,
(2) "Your work": or content or service provider.
(3) "Impaired property": However. this exclusion does not If such product work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising Injury" in Section G. - because of a known or suspected defect. Liability And Medical Expenses deficiency. inadequacy or dangerous Definitions.
condition in it. For the purposes of this exclusion,
p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your website, by itself, is not considered the business
(1) Arising out of oral, written or electronic
of advertising. broadcasting,
publication of material, if done by or at
the direction of the insured with publishing or telecasting:
knowledge of its falsity: (9) Arising out of an electronic chat room or bulletin board the insured hosts,
(2) Arising out of oral, written or electronic awns, or over which the insured publication of material whose first
exercises control:
publication took place before the
beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mal
(3) Arising out of a criminal act committed
address, domain name or metatags, or
by or at the direction of the insured:
any other similar tactics to mislead
(4) Arising out of any breach of contract, another's potential customers; except an implied contract to use
(11) Arising out of the violation of a
another's "advertising idea" in your
"advertisement": person's night of privacy created by
any state or federal act.
(5) Arising out of the failure of goods.
However, this exclusion does not
producis or services to conform with
apply to lability for damages that the
statement of quality or
insured would have in the absence of
performance made in your
"advertisement": such state or federal act;
(12) Arising out of
(6) Arising out of the wrong description of
the price of goods. products or services, (a) An "advertisemen!" for others on your web site:
(7) Arising out of any violation of any
intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenlicity on your web site. Content Includes
However, this exclusion does not information code, sounds, text apply to infringement, in your graphics or images; or
"advertisement" of (d) Computer code, software or
(a) Copyright; programming usec to enable:
(b) Slogan, unless the slogan is also (1) Your website; or a trademark, trade name, service (i) The presentation or functionality mark or other designation of origin of an "advertisement" or other or authenticity; or content on your website;
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(13) Arising out of a violation of any anti- (a) May be awarded or incurred by trust law: reason of any claim or suit
(14) Arising out of the fluctuation in price or alleging actual or threatened injury value of any stocks, bonds or other or damage of any nature or kind to securities: or persons or property which would
not have occurred in whole or in
(15) Arising out of discrimination or part but for the "asbestos hazard"; humiliation committed by or at the
direction of any "executive officer". (b) Arise out of any request, demand, director, stockholder. partner order or statutory or regulatory member of the insured requirement that any insured or
others test for, monitor, clean up.
4. Electronic Data remove, encapsulate, contain,
Damages arising out of the loss of, loss of treat, detoxify or neutralize or in use of, damage to, corruption of, inability any way respond to or assess the to access, or inability to manipulate effects of an "asbestos hazard"; or "electronic data" (c) Arise out of any claim or suit for r. Employment-Related Practices damages because of testing for. "Bocily injury" or "personal and advertising monitoring, cleaning up, removing. injury" to: encapsulating. containing, treating.
(1) A person arising out of any: detoxifying or neutralizing or in any way responding to or assessing the
(a) Refusal to employ that person; effects of an "asbestos hazard" (b) Termination of that person's t. Violation Of Statutes That Govern E- employment: or Mails, Fax, Phone Calls Or Other
(c) Employment-related practices. Methods Of Sending Material Or policies, acts or omissions, such as Information
evaluation. "Bodily injury". "property damage", or
massignment, discipline, "personal and advertising injury" arising defamation, harassment, humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person; or violate:
(2) The spouse, child, parent, brother or (1) The Telephone Consumer Protection sister of that person as a Act (TCPA), inclucing any amendment consequence of "bodily injury" or of or addition to such law; "personal and advertising injury" to the
(2) The CAN-SPAM Act of 2003, Including
person at whom any of the
any amendment of or addition to such
employment-related practices
law; or
described in Paragraphs (a), (b), or (c)
above is directed (3) Any statute ordinance or regulation, other than the TCPA or CAN-SPAM Act
This exclusion applies
of 2003, that prohibits or Imits the
(1) Whether the insured may be lable as sending, transmitting, communicating or an employer or in any other capacity: distribution of material or information and
Damage To Promises Rented To You -
(2) To any obligation to share damages Exception For Damage By Fire, Lightning with or repay someone else who must or Explosion
pay damages because of the injury
Exclusions c. through h. and k. through o. do
s. Asbestos not apply to damage by fire, lightning or
(1) "Bodily injury", "properly damage" or explosion to premises rented to you or "personal advertising injury temporarily occupied by you with permission of arising out of the "asbestos hazard". the owner. A separate Limit of Insurance (2) Any damages, judgments, settlements. applies to this coverage as desorbed in loss, costs or expenses that: Section D. - Liability And Medical Expenses Limits Of Insurance.
Form SS 00 08 04 05 Page 9 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will not pay expenses for "bodily injury". are also insureds, but only with respect to their duties as trustees.
a. Any Insured
To any insured, except "Volunteer workers". 2. Each of the following is also an insured:
b. Hired Person a. Employees And Volunteer Workers
To a person hired to do work for or on behalf Your "volunteer warkers" only while of any insured or a tenant of any insured. performing duties related to the conduct of your business, or your "employees", other
c. Injury On Normally Occupied Premises than ether your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies company) or your managers if you are a d. Workers' Compensation And Similar limited liability company, but only for acts Laws within the scope of their employment by
you or while performing duties related to
To a person, whether or not the conduct of your business. "employee" of any insured, if benefits for
the "bodily injury" are payable or must be However, none of these "employees" or provided under a workers' compensation "volunteer workers" are insureds for or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury":
To a person injured while practicing, (a) To you, to your partners or instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited lability
f. Products-Completed Operations Hazard company), or to a co-"employee" while in the course of his or her
Included with the "products-completed employment or performing duties operations hazard". related lo the conduct of your
g. Business Liability Exclusions business, or to your other "volunteer workers" while
Excluded under Business Liability Coverage.
performing duties related to the
C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An individual, you and your spouse are brother or sister of that co- Insureds, but only with respect to the "employee" or that "volunteer conduct of a business of which you are the worker" as a consequence of sole owner Paragraph (1)(a) above;
b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but anly with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or
c. A limited liability company, you are an
insured. Your members are also insureds. (b) above: or
but only with respect to the conduct of your (d) Arising out of his or her providing business. Your managers are insureds, but or failing to provide professional only with respect to their duties as your health care services. managers If you are not in the business of
d. An organization other than a partnership. providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply are an insured. Your "executive officers" and to any nurse, emergency medical directors are insureds, but only with respect technician or paramedic employed by to their duties as your officers or directors. you to provide such services.
Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply 1o:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees". "volunteer workers". (2) "Personal and advertising injury" any partner or member (if you are
a partnership or joint venture). or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company. organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property f you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability maintenance or use of that property; and However, no person or organization is an insured (2) Until your legal representative has with respect to:
been appcinted a. "Bodily injury" to a co-"emplayee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof. of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or organization responsible for the conduct of
The insurance afforded herein for any
such person is also an insured, but only with
subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft. and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an
person or organization for this liability
insured under another policy or would be
an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to:
limits of insurance a. "Bodily injury" to a co-"emplayee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form. b. "Property damage" to property owned by. other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only unti the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed. in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products;
insured under this provision only for that (f) Demonstration, installation, period of time required by the contract. servicing or repair operations, except such operations performed
agreement or permit.
at the vendor's premises in
However, no such person or organization is an connection with the sale of the additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part. or sale by you, have been labeled or mabeled or used as a
including all persons or organizations added
as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. - Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property
damage" arising out of the sole
Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distribuled acting on its behalf. However, this or sold in the regular course of the vendor's
business and only if this Coverage Part exclusion does not apply to:
provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included withn the Subparagraphs (d) or (f): or "products-completed operations hazard". (il) Such inspections, adjustments, (1) The insurance afforded to the vendor lests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual
course of business. in
This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement or any ingredent, part or container, This exclusion does not apply to entering into,
accompanying or
liability for damages that the containing such products. vendor would have in the absence
of the contract or agreement: b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily
(c) Any physical or chemical change injury". "property damage" or in the product made intentionally "personal and advertising injury" by the vendor;
caused, in whole or in part, by your
(d) Repackaging. except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container:
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit
(2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury". "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply 1o: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard" premises: or f. Any Other Party
(b) Structural alterations, (1) Any other person or organization who construction demolition is not an insured under Paragraphs a. operations performed by or on through e above, but only with behalf of such person or respect to liability for "bodily injury". organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury". "property damage" or "personal on your behalf:
and advertising injury caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf. owned by or rented to you; or
(a) In connection with your premises: (c) In connection with "your work" and ОГ included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you lo to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (i) This Coverage Part provides "bodily injury". "property damage" or coverage for "bodily injury" or "personal and advertising i injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professjonal completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving. or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions. "Bodily injury", "property damage" or reports. surveys, field orders. "personal and advertising injury" change orders. designs arising out of the rendering of, or the drawings and specifications: or failure to render, any professional (b) Supervisory, inspection. architectural, engineerng or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve. apply to "property damage" to premises maps. shop drawings, opinions. while rented to you or temporarily reports, surveys, field orders. occupied by you with permission of the change orders, designs owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory. inspection. 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury".
Insureds are described In Section D. - Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in Insurance is available to an additional insured the Declarations.
Is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. - Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership. joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations
1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the
Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of Limit is the most we will pay under Business Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits" temporarily accupied by you with permission of the owner.
2. Aggregate Limits
The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the
6. How Limits Apply To Additional Insureds
Declarations.
b. Damages because of all other "bodily The most we will pay on behalf of a person or organization who is an additional insured
injury". "property camage" or "personal
and advertising injury". including medical under this Coverage Part is the lesser of:
expenses. is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit Issued by a state or political separately to each of your "locations" subdivision; or
owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations.
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street roadway or right-of-way of a the Declarations and described in this Section:
railroad
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit". the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit":
single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information:
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "sull"; and separately to each consecutive annual penod and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy peried shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES
cost, voluntarily make a payment, assume
GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relleve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity.
You or any additional insured must see to
it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include! permit that this insurance is primary and non-contributory with the additional
(1) How, when and where the "occurrence" insured's own insurance. or offense took place,
f. Knowledge Of An Occurrence, Offense,
(2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and
Paragraphs a. and b. apply to you or to
(3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is Il a claim is made or "sull" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must:
insured is a partnership:
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "sult" and the date received: insured is a limited liability company:
and
(4) Any "executive officer" or insurance
(2). Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards
a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the Insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any lability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the exient of the coverage and limits of 7. Other insurance insurance required by that law.
If other valid and collectible insurance is
b. With respect to "mobile equipment" to cover under this available for a loss we
which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows:
underinsured motorists, no-fault or other
coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages below applies. If other insurance is also
4. Legal Action Against Us primary. we will share with all that other No person or organization has a right under insurance by the method described in c. below
this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the insured; or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unless contingent or on any other basis:
all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work":
against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of
this insurance or thal are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner:
claimant or the claimant's legal representative (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for
Except with respect to the Limits of Insurance. "property damage" to premises rented and any rights or duties specifically assigned
to you or temporarily occupied by you
in this policy to the first Named Insured, this
with permission of the owner;
Insurance applies:
(4) Aircraft, Auto Or Watercraft
a. As if each Named Insured were the only
Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos" or watercraft to a claim is made or "sull" is brought. the extent not subject to Exclusion g. of Section A. - Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. - representations you made to us, and Coverages.
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
That is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance: and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance
this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, the following provisions Declarations af this Coverage Part. appiy to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method desorbed in c. applicable limit of insurance to the total below applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or
part of any payment. including
perit that this insurance is Supplementary Payments we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance s nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit or contribution fram that other
transfer those rights to us and help us
insurance enforce them This cundition does nut
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will against any
recovery person ur
have no duty under this Coverage Part to organization for all or part of any payment. defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we Insured against that "suit. If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
amended to include as an additional insured
If listed or shown as applicable in the Declarations.
one or more of the following Optional Additional the person(s) or organization(s) shown in the Declarations as an Additional Insured
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply. Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured • Lessor Of Leased of Section C.. Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, excepl as shown in the Declarations as an Additional provided below: Insured - Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury". "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or use of equipment leased to you by such
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability person(s) or organization(s) for "bodily injury". "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
b. In connection with your premises owned Leased
by or rented to you. a. WHO IS AN INSURED under Section C. is amended to include as an additional
2. Additional Insured - Managers Or Lessors
Of Premises insured the person(s) or organization(s)
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured - Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that pan Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of
b. With respect to the insurance afforded to
the premises leased to you and shown in the
Declarations. these additional insureds, the following
additional exclusions apply
b. With respect to the insurance afforded to
these additional insureds, the following This insurance does not apply to:
additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or
This insurance does not apply to:
(1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises: or performed by or on behalf of such
person or organization.
(2) Structural alterations.
6. Additional Insured • State Or Political
construction or demolition operations
Subdivision - Permits
performed by or on behalf of such
person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
Insured - State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products:
additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations. except such operations performed
(1) "Bodily injury". "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product;
the state or municipality; or
(2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you, have been labeled
included in the "product-completed or used
or relabeled asa
operations" hazard.
container, part or ingredient of any
7. Additional Insured - Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury or "property Insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or
"property damage" included within the (ii) Such inspections, "products-completed operations hazard" adjustments, tests or servicing as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products.
obligated to pay damages by (2) This Insurance does not apply to any reason of the assumption of Insured person or organization from liability in a contract or agreement whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products
(b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you: WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organizations) shown in the by the vendor, Declarations as an Additional Insured -
(d) Repackaging unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection. their liablity arising out of demonstration; testing or the a. Their financial control of you: or substitution of parts under b. Premises they own. maintain or control instructions from the manufacturer, while you lease or occupy these premises and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. - Limits Of operations performed by or for that person or Insurance. organization How this insurance applies when other insurance
9. Additional Insured - Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other Insurance Condition in Section E. - Organization Liability And Medical Expenses General
a. WHO IS AN INSURED under Section C. Is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured - Owner, Lessees Or Contractors. 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury". "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio:
acts or omissions of those acting on your (2) Television; behalf:
(3) Billboard:
(1) In the performance of your ongoing (4) Magazine;
operations the additional
insured (s); or (5) Newspaper;
(2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard". but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations
hazard" a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or
does not apply to "bodily injury". "property
b. An interactive conversation between or
damage" or "personal an advertising
injury arising out of the rendering of, or among persons through a computer network. the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement", services, including: 3. "Asbestos hazard" means an exposure or (1) The prepanng, approving, or failure to threat of exposure to the actual or alleged prepare or approve. maps, shop properties of asbestos and includes the mere drawings. opinions, reports, surveys. presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehice, trailer or drawings and specifications or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include
10. Additional Insured - Co-Owner Of Insured "mobile equipment" Premises 5. "Bodily injury" means physical:
WHO IS AN INSURED under Section C. Is a. Injury;
amended to include as an additional insured b. Sickness: or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured - Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time:
premises shown in the Declarations. 6. "Coverage territory" means:
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a territories and possessions), Puerto Rica contract or agreement; and Canada; il such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or the injury or damage occurs in the course removal of "your product" or "your work". of travel or transportation between any or
places included in a. above:
b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement damage arises out of;
12. "Insured contract" means.
(1) Goods or products made or sold by you
a. A contract for a lease of premises.
in the territory described in a. above;
However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any is in the territory described in person or organization for damage by fire, above, but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3) "Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section communication D. - Liability and Medical Expenses Limits provided the insured's responsibility to pay of Insurance. damages is determined in the United States of b. A sidetrack agreement:
America (including its territories and c. Any easement or license agreement possessions), Puerto Rico or Canada, in a including an easement or license "sult" on the merits according to the agreement in connection with construction substantive law in such territory, or in a or demolition operations on or within 50 settlement we agree to. feet of a railroad;
7. "Electronic data" means information, facts or d. Any obligation, as required by ordinance. programs: to indemnify a municipality, except in
a. Stored as or on: connection with work for a municipality:
b. Created or used on: or e. An elevator maintenance agreement; or c. Transmitted to or from f. That part of any other contract or computer software, including systems and agreement pertaining to your business applications software, hard or floppy disks, (including an indemnification of a CD-ROMS, lapes, drives, cells. data municipality in connection with work processing devices or any other media: which performed for a municipality) under which are used with electronically controlled you assume the tort liability of another equipment. party to pay for "bodily injury" or "property damage" to a third person or organization.
8. "Employee" includes a "leased worker"
"Employee" does not Include a "temporary provided the "bodily injury" or "property damage" is caused, in whole or in part, by
worker".
you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter, constitution, by-laws or any other contract or agreement. similar govering document.
Paragraph f. includes that part of any
10. "Hostile fire" means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "badily injury" or "property intended to be. damage" arising out of construction or
11. "Impaired property" means tangible property, demolition operations within 50 feet of any other than "your product" or "your work", that railroad property and affecting any railroad cannot be used or is less useful because: bridge or trestle. tracks, road-beds, tunnel. a. It incorporates "your product" or "your wark" underpass or crossing. that is known or thought to be defective, However, Paragraph f. does not include deficient, inadequate or dangerous; or that part of any contract or agreement Form SS 00 08 04 05 Page 21 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of; (2) Road construction or resurfacing (a) Preparing, approving or failing to equipment such as graders, scrapers prepare or approve maps, shop or rollers:
drawings. opinions, reports. e. Vehicles not described in a., b., c., ar d. surveys. field orders, change above that are not self-propelled and are orders, designs or drawings and maintained primarily to provide mobility to specifications; or permanently attached equipment of the (b) Giving directions or instructions. following types:
or falling to give them, If that is the (1) Air compressors, pumps and primary cause of the injury or generators. including spraying. damage: or welding. builcing cleaning.
(2) Under which the insured, if an geophysical exploration. lighting and architect, engineer Or surveyor. well servicing equipment: or assumes lability for an injury or (2) Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure lo render
f. Vehicles not described in a,, b., Cr, or d.
professional services, including those
listed in (1) above and supervisory. above maintained primarily for purposes inspection, architectural other than the transportation of persons or engineering activities cargo.
13. "Leased worker" means a person leased to However, self-propelled vehicles with the you by a labor leasing frm under an following types of permanently attached agreement between you and the labor leasing equipment are not "mobile equipment" but will be considered "autos",
firm, to perform duties related to the conduct of
your business. "Leased worker" does not (1) Equipment of at least 1.000 pounds include a "temporary worker" grass vehicle weight, designed
14. "Loading or unloading" means the handling of primarily for:
property: (a) Snow removal;
a. After it is moved from the place where it is (b) Road maintenance, but not accepted for movement into or onto an construction or resurfacing; or aircraft watercraft or "auto": (c) Street cleaning:
b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices "auto"; or mounted on automobile or truck
c. While it is being moved from an aircraft. chassis and used to raise or lower watercraft or "auto" to the place where it is workers, and finally delivered; (3) Air compressors. pumps and
but "loading or unloading" does not include the generators. including spraying. moverent of property by means of a mechanical welding. building cleaning. device, other than a hand truck, that is not geophysical exploration. lighting and attached to the aircraft, watercraft or "auto" well servicing equipment.
15. "Mobile equipment" means any of the following 16. "Occurrence" means an accident including types of land vehicles, including any attached continuous or repeated exposure to substantially machinery or equipment: the same general harmful conditions. a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury" means injury, other vehicles designed for use principally including consequential "bodily injury", arising off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment; next to premises you own ar rent; b. Malicious prosecution:
c. Vehicles that travel on crawler treads:
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance, into, or invasion of the right of private correction, repair or replacement, but occupancy of a room, dwelling or which is otherwise complete, will be premises that the person occupies. treated as completed. committed by or on behalf of its owner. The "bodily injury" or "property damage" landlord or lessor; must occur away from premises you own d. Oral. written or electronic publication of or rent, unless your business includes the material that slanders or libels a person or selling. handling or distribution of your organization or disparages a person's or product for consumption on premises you organization's goods, products or services: own or rent. e. Oral, written or electronic publication of b. Does not include "bodily injury" or material that violates a person's right of "property damage" arising out of! (1) The transportation of property unless
f. Copying, in your "advertisement'. a the injury or damage arises out of a person's or organization's "advertising condition in or on a vehicle not owned idea" or style of "advertisement": or operated by you, and that cond tion g. Infringement of copyright, slogan, or title of was created by the "loading or any literary or artistic work, in your unloading" of that vehicle by any insured; or
h. Discriminaton or humiliation that results in (2) The existence of tools, uninstalled Injury to the feelings or reputation of a equipment or abandoned or unused natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 20. "Property damage" means:
thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, vapor, soot, fumes, acids, alkalis, chemicals and including all resulting loss of use of that waste. Waste includes materials to be recycled. property. All such loss of use shall be reconcitioned or reclaimed deemed lo occur at the time of the
19. "Products-completed operations hazard": physical injury that caused it: or a. Includes all "bodily injury" and "property b. Loss of use of tang ble property that is not damage" occurring away from premises physically injured. All such loss of use you own or rent and arising out of your shall be deemed to occur at the time of product" or "your work" except: "occurrence" that caused it. (1) Products that are still in your physical As used in this definition, "electronic data" is possession: or not tangible property.
(2) Work that has not yet been completed 21. "Suit" means a civil proceeding in which or abandoned. However, "your work" damages because of "bodily injury". "property will be deemed to be completed at the damage" or "persoral and advertising injury" earliest of the following times: to which this insurance applies are alleged "Suit" includes:
(a) When all of the work called for in
your contract has been completed. a. An arbitration proceeding in which such (b) When all of the work to be done at damages are claimed and to which the the job site has been completed if insured must submit or does submit with our consent: or
your contract calls for work at
more than one job site. b. Any other alternative dispute resolution (c) When that part of the work done at proceeding in which such damages are claimed and to which the Insured submits
a job site has been put to its
with our consent.
intended use by any person or
organization other than another 22. "Temporary worker" means a person who is contractor Or subcontractor fumished to you to substitute for a permanent working on the same project. "employee" on leave or to meet seasonal or short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
Form SS 00 08 04 05 Page 23 of 24
DocuSign Envelope ID: B88D0D92-6C8E-4A07-93FE-9708D0A5BE53
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work: (2) The providing of or failure to provide c. Acts at the direction of and within the wamings or instructions. scope of duties determined by you; and Does not include vending machines d. Is not paid a fee, salary or other her property rented to or located for t compensation by you or anyone else for use of others but not sold. their work performed for you. 25. "Your work":
24. "Your product": a. Means:
a. Means:
1) Work or operations performed by yo
(1) Any goods or products, other than real ir on vour behall, an property, manufactured, sold, handled. (2) Materials, parts equipment distributed or disposed of by: furnished in connection with such work (a) You; or operations
(b) Others trading under your name; b. Includes:
(1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness. business or assets you have quality, durability, performance or use acquired; and of "your work"; and
(2) Containers (other than vehicles). (2) The providing of or failure to provide matenals, equipment warnings or instructions.
furished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness.
quality, durability, performance or use
of "your product": and