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HomeMy WebLinkAbout4648 OriginalAGENDA BILL CITY OF BREMERTON 5GCITYCOUNCIL SUBJECT: Renewal of Agreement with Study Session Date: May 8, 2019 Redflex Traffic Systems, Inc. for Photo Red COUNCIL MEETING Date: May 15, 2019 Light Enforcement Program Department: Police Presenter: Mike Davis Phone: (360) 473-5237 SUMMARY: Redflex Traffic Systems to provide photo enforcement and a school zone program which includes processing of infraction data and issuance of citations in nine locations across the city. The agreement includes two options to renew for periods of two years each. This modification is the exercise of the first, two-year renewal period. ATTACHMENTS: 1) 2-year renewal notice; and 2) Accident & Infraction Statistics FISCAL IMPACTS (Include Budgeted Amount): There is no change to the original contract amount. This contract is cost neutral with a fixed fee of$4,000 per month per camera location, with nine locations, but is capped at the gross receipts received by the City of Bremerton or the fee whichever is less. The program is within budget and included in the general fund. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: Z Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ,N Approve Deny Table [' Continue No Action Form Updated 01/02/2018 I 4 T Mr. Marc A. Carroll Client Services Manager Redflex Traffic Systems, Inc. 5835 Uplander Way, Suite A Culver City, CA 90230-6607 April 10, 2019 Re: 2-Year Renewal Notice Dear Mr. Carroll, Pursuant to the terms of the"Exclusive Agreement Between the City of Bremerton and Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program" and the "First Amendment" thereto, the City of Bremerton hereby exercises its option to renew said agreement for the first two-year renewal period. As the current ten-year initial Term of the Agreement expires on June 29th, 2019, the two-year renewal will be in place from June 30th, 2019 to June 29th, 2021. This notice meets the requirements that, "notice shall be in writing", and at least 30 days prior to expiration of the Initial Term. Please confirm receipt of this notice via email with the Contracts Administrator at: Melinda.monroe@ci.bremerton.wa.us (360)-473-5306 Sincerely, (NILO, 2414ifirtaC.— Melinda Monroe Contracts Administrator Gre eeler, Mayor Cc: Jim Burchett, Chief of Police DeWayne Pitts, Finance Director Finance 1 345 6th Street Ste 100,Bremerton,WA 98337 *Phone(360)473-5306*Fax(360)473-5200 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Contract Number: .4648 Vendor; REDFLEX TRAFFIC SYSTEMS INC Subject: Photo Red Light Enforcement Program Department: Engineering File Glass: LEG 12-1 Begin Date: 09/10/2007 End Date: 06/29/2019 Review Date: 04/01/2019 Vault Date; Comments: Right to extend for 2 additional consecutive & automatic 2 year periods w/written notice no less than 30 days prior to expiration Amendment 41-6/09 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BREMERTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO ENFORCEMENT SERVICES This First Amendment (the "Amendment") is executed this14 day of .fig , 2009 by and between Redflex Traffic Systems, Inc. with offices at 27351 N. 23venue, Phoenix, Arizona 85085 ("Redflex"), and the City of Bremerton a municipal corporation and, with offices at 3,45 6th Street, Suite 600, Bremerton, WA 98337 (the "Customer"). RECITALS WHEREAS, Redflex and the Customer previously entered into an agreement dated September 10th, 2007, to provide automated red light photo enforcement and school zone speed enforcement in the City of Bremerton; WHEREAS, Redflex and the Customer mutually agree it's desirable to modify the terms of the Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Agreement should be amended as follows: AGREEMENT 1. Paragraph 2 of the Agreement, entitled "TERM," is amended in its entirety to read as follows: "From the executed date of the First Amendment, the term of this agreement will continue for a period of ten (10) years (the "Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional, consecutive two (2) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the ("Term"). The Customer may exercise the right to extend the term of this agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial term or the Renewal Term, as the case may be." 2. Exhibit "D' is replaced in its entirety with the attached revised Exhibit "D" signed by Redflex and Customer attesting to the agreed changes. Revised Exhibit "D" shall become operative upon the executed date of this Amendment. 3. All other provisions of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" CITY OF BREMERTON Name: Title:% �1✓� �' Approved as to form: B NEY 2 "Redflex" REDFLEX TRAFFIC SYST S, C., By: m'w— k Name: Aaron Rosenberg, PhD Title: Executive Vice President / EXHIBIT "D" COMPENSATION & PRICING Fixed Photo Red Light System Existing Approaches: Commencing June 1, 2009, each Designated Enforcement Site, Customer shall be obligated to pay Redflex a fixed fee of $4,000 per month for each of the existing Designated Intersection Approaches listed below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: Warren Ave and 11th Street, Westbound Warren Ave and 11 Street, Northbound Callow Ave and 11 th Street, Northbound Kitsap Way and Marine Drive/Adele, Eastbound Kitsap Way and Marine Drive/Adele, Southbound Wheaton Way and Sylvan Way, Westbound Warren Ave and 16th Street, Northbound Warren Ave and 16th Street, Southbound Wheaton Way and Sylvan Way, Northbound New Approaches: Commencing on the date of this First Amendment for each Designated New Enforcement Site, Customer shall be obligated to pay Redflex a fixed fee of $4,850 per month for each new Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement: Fixed Speed School Zone Commencing on the installation date, for each Designated School Zone, Customer shall be obliged to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Tier Fixed Fee Per Month Volume 1 $4,870 Up to 100 Paid Citations 2 $5,870 101-160 Paid Citations 3 $6,870 161+ Paid Citations The "Volume" ranges are based on a monthly extrapolation generated by a mutually agreed to methodology Mobile Speed System Component Commencing on the deployment date, for each Mobile Speed System Unit, Customer shall be obliged to pay Redflex a fixed fee of $7,870 per month ("Fixed Fee") as full remuneration for performing all the services contemplated in this Agreement. 3 Cost Neutrality Not withstanding the Fixed Fee provisions provided herein to the contrary, Redflex assures the Customer that the programs provided hereby shall be cost neutral to the Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee or the gross receipts received by the Customer, whichever is the less. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. Customer shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with standard terms, to the extent of gross receipts to the Customer from automated infractions. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, Customer will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light and speed infractions for a period of up to 12 months from date of termination will be applied to such balance and paid to Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: 1. Redflex construction will be able to utilize existing conduit for installation where space is available. Cost for additional conduit shall be the sole responsibility of Redflex. 2. Each year, beginning January 1, 2010, the pricing will increase by CPI. CPI will be derived from the publication by the US Department of Labor Consumer Price Index for Seattle, and will measure the percentage change in the index from the prior July through June period. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 4. Redflex will collect all payments on Citations and will deposit all payments into a lockbox account operated by and FDIC member bank and designated exclusively for the Customer (the "Lockbox Account"). The Customer shall have controlled access to the Lockbox Account. Redflex shall provide a full accounting to the Customer on a monthly basis in accordance with the specifications set forth in the Contract Documents. 5. Redflex will offer the following payment methods: 5.1. By Mail: When paying a Citation by mail, individuals will be asked to enclose the Citation and personal check, money order or cashier's check for the penalty amount indicated on the front of the Citations. Checks will be made payable as directed by the Customer and will be mailed to specified address 5.2. Walk-in Payments: Walk-in payments by personal check, money order, cashier's check or credit card will be accepted at Customer facilities (i.e. Court). If the Customer receives a payment for a Citation, the Customer will forward the payment to Redflex's lockbox institution. 4 5.3. By Phone: Credit card payments will be accepted over the telephone by Redflex. 5.4. Pay -by -Web: Credit card payments will be accepted by Redflex via the Internet. "Customer" CITY OF BREMERTON t By: -Zi � �+-,�-y Name: � ,�^ 'Z �✓� ��,`�, Title: UUUU;� Approved as to form: ATTORNEY 5 "Redflex" REDFLEX TRAFFIC SYST C., By: - 14-1 l Name: Aaron Rosenberg, PhD Title: Executive Vice President. Contract Number 4648 Vendor REDFLEX TRAFFIC SYSTEMS INC Subject Photo Red Light Enforcement Program Department Engineering Status Code SVC File Class LEG 12-1 Amount $ Begin Date 09/10/2007 End Date 10/31/2007 Review Date 09/01/2007 Insurance GL $2000000.00 Insurance Total $5000000.00 AL $1000000.00 Insurance Review Date 03/01/2008 E&O $2000000.00 Comments Right to extend for 2 additional consecutive & automatic 2 year periods w/written notice no less than 30 days prior to expiration EXCLUSIVE AGREEMENT BETWEEN THE CITY OF BREMERTON AND REDFLEX TRAFFIC SYSTEMS, INC. FOR PHOTO RED LIGHT ENFORCEMENT PROGRAM This Agreement ( "Agreement") is made as of this lay of kgs, 2007 by and between Redflex Traffic Systems, Inc. with offices at 6047 Bristol Parkway 1St Floor, Culver City, California 90230 ("Redflex"), and The City of Bremerton a municipal corporation, with offices at 345 6th Street, Suite 600, Bremerton, WA 98337 "Customer"). RECITALS WHEREAS, Redflex has exclusive knowledge, possession and ownership of certain equipment, licenses, applications, and citation processes related to digital Photo Red Light and Speed enforcement systems; and WHEREAS, the Customer desires to engage the services of Redflex to provide certain equipment, processes and back office services so that authorized city staff of the Customer are able to monitor, identify and enforce red light running and school zone speeding infractions; and WHEREAS, it is a mutual objective of both Redflex and the Customer to reduce the incidence of vehicle collisions at the traffic intersections, city streets and school zones that will be monitored pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. DEFINITIONS. In this Agreement, the words and phrases below shall have the following meanings: 1.1. "Authorized Officer" means the Law Enforcement Project Manager and/or such other individual(s) as the Customer shall designate to review Potential Infractions and to authorize the Issuance of Citations with respect thereto, and in any event, a sworn peace officer or a qualified employee of the City of Bremerton. 1.2. "Authorized Infraction" means each Potential Infraction in the Infraction Data for which authorization to issue a citation in the form of an Electronic Signature is given by the Authorized City Staff by using the Redflex System. 1.3. "Citation" means the notice of an Infraction, which is mailed or otherwise delivered by Redflex to the violator on the appropriate Enforcement Documentation in respect of each Authorized Infraction. 1.4. "Confidential or Private Information" means, with respect to any Person, any information, matter or thing of a secret, confidential or private nature, whether or not so labeled, which is connected with such Person's business or methods of operation or concerning any of such Person's suppliers, licensors, licensees, customers or others with whom such Person has a business relationship, and which has current or potential value to such Person or the unauthorized disclosure of which could be detrimental to such Person, including but not limited to: 1.4.1. Matters of a business nature, including but not limited to information relating to development plans, costs, finances, marketing plans, data, procedures, business opportunities, marketing methods, plans and strategies, the costs of construction, installation, materials or components, the prices such Person obtains or has obtained from its clients or customers, or at which such Person sells or has sold its services; and 1.4.2. Matters of a technical nature, including but not limited to product information, trade secrets, know -how, formulae, innovations, inventions, devices, discoveries, techniques, formats, processes, methods, specifications, designs, patterns, schematics, data, access or security codes, compilations of information, test results and research and development projects. For purposes of this Agreement, the term "trade secrets" shall mean the broadest and most inclusive interpretation of trade secrets. 1.4.3. Notwithstanding the foregoing, Confidential Information will not include information that: (i) was generally available to the public or otherwise part of the public domain at the time of its disclosure, (ii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission by any party hereto in breach of this Agreement, (iii) was subsequently lawfully disclosed to the disclosing party by a person other than a party hereto, (iv) was required by a court of competent jurisdiction to be described, or (v) was required by applicable state law to be described. 1.5. "Designated Enforcement Sites" means the Enforcement Sites set forth on Exhibit A attached hereto, and such additional Enforcement Sites as Redflex and the Customer shall mutually agree from time to time. 1.6. "Electronic Signature" means the method through which the Authorized Officer indicates his or her approval of the issuance of a Citation in respect of a Potential Infraction using the Redflex System. 1.7. "Enforcement Documentation" means the necessary and appropriate documentation related to the Photo Red Light and Speed Enforcement Program, including but not limited to warning letters, citation notices (using the specifications of the Bremerton Municipal Court and the City, a numbering sequence for use on all citation notices (in accordance with applicable court rules), instructions to accompany each issued Citation (including in such instructions a description of basic court procedures, payment options and information regarding the viewing of images and data collected by the Redflex System), chain of custody records, criteria regarding operational policies for processing Citations (including with respect to coordinating with the Department of Motor Vehicles), and technical support documentation for applicable court and judicial officers . 1.8. "Eq_uipment" means any and all cameras, sensors, equipment, components, products, software and other tangible and intangible property relating to the 2 Redflex Photo Red Light and Speed System(s), including but not limited to all camera systems, housings, radar units, severs and poles. 1.9. "`Fine" means a monetary sum assessed for Citation, excluding suspended fines. 1.10. "Governmental Authority" means any domestic or foreign government, governmental authority, court, tribunal, agency or other regulatory, administrative or judicial agency, commission or organization, and any subdivision, branch or department of any of the foregoing. 1.11. "Installation Date of the Photo Red Light and Speed Program" means the date on which Redflex completes the construction and installation of at least one (1) Intersection Enforcement Site in accordance with the terms of this Agreement so that such Intersection Enforcement Site is operational for the purposes of functioning with the Photo Red Light and Speed Program. 1.12. "Intellectual Property" means, with respect to any Person, any and all now known or hereafter known tangible and intangible (a) rights associated with works of authorship throughout the world, including but not limited to copyrights, moral rights and mask -works, (b) trademark and trade name rights and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing), of such Person. 1.13. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes from the curb originating from one direction (e.g., northbound, southbound, eastbound or westbound) on which at least one (1) system has been installed by Redflex for the purposes of facilitating Redlight Photo Enforcement by the Customer. 1.14. "Operational Period" means the period of time during the Term, commencing on the Installation Date, during which the Photo Red Light and Speed Enforcement Program is functional in order to permit the identification and prosecution of Infractions at the Designated Enforcement Sites by a sworn peace officer of the Customer and the issuance of Citations for such approved Infractions using the Redflex System. 1.15. "Person" means a natural individual, company, Governmental Authority, partnership, firm, corporation, legal entity or other business association. 1.16. "Police Project Manager" means the project manager appointed by the Customer in accordance with this Agreement, which shall be a sworn peace officer and shall be responsible for overseeing the installation of the Enforcement Sites and the implementation of the Photo Red Light and Speed Program, and which manager shall have the power and authority to make management decisions relating to the Customer's obligations pursuant to this Agreement, including but not limited. to change order authorizations, subject to any limitations set forth in the Customer's charter or other organizational documents of the Customer or by the city counsel or other governing body of the Customer. 3 1.17. "Potential Infraction" means, with respect to any motor vehicle passing through a Designated Intersection Approach, the data collected by the Redflex System with respect to such motor vehicle, which data shall be processed by the Redflex System for the purposes of allowing the Authorized City Staff to review such data and determine whether a Red Light Infraction has occurred. 1.18. "Proprietary Property" means, with respect to any Person, any written or tangible property owned or used by such Person in connection with such Person's business, whether or not such property is copyrightable or also qualifies as Confidential Information, including without limitation products, samples, equipment, files, lists, books, notebooks, records, documents, memoranda, reports, patterns, schematics, compilations, designs, drawings, data, test results, contracts, agreements, literature, correspondence, spread sheets, computer programs and software, computer print outs, other written and graphic records and the like, whether originals, copies, duplicates or summaries thereof, affecting or relating to the business of such Person, financial statements, budgets, projections and invoices. 1.19. "Redflex Marks" means all trademarks registered in the name of Redflex or any of its affiliates, such other trademarks as are used by Redflex or any of its affiliates on or in relation to Photo Red Light and Speed Enforcement at any time during the Term this Agreement, service marks, trade names, logos, brands and other marks owned by Redflex, and all modifications or adaptations of any of the foregoing. 1.20. "Redflex Project Manager" means the project manager appointed by Redflex in accordance with this Agreement, which project manager shall initially be Jack Weaver or such person as Redflex shall designate by providing written notice thereof to the Customer from time to time, who shall be responsible for overseeing the construction and installation of the Designated Enforcement Sites and the implementation the Photo Red Light and Speed Enforcement Program, and who shall have the power and authority to make management decisions relating to Redflex's obligations pursuant to this Agreement, including but not limited to change -order authorizations. 1.21. "Redflex Photo Red Light and Speed System" means, collectively, the SmartCamTM System, the SmartOpsTM System, the Photo Red Light and Speed Program, and all of the other equipment, applications, back office processes and digital red light traffic enforcement cameras, sensors, components, products, software and other tangible and intangible property relating thereto. 1.22. "Photo Red Light and Speed Enforcement Program" means the process by which the monitoring, identification and enforcement of Infractions is facilitated by the use of certain equipment, applications and back office processes of Redflex, including but not limited to cameras, flashes, central processing units, signal controller interfaces and detectors (whether loop, radar or video loop) which, collectively, are capable of measuring Infractions and recording such Infraction data in the form of photographic images of motor vehicles. 1.23. "Infraction Criteria" means the standards and criteria by which Potential Infractions will be evaluated by Authorized City Staff of the Customer, to 4 determine a infraction was committed, all of which shall be in compliance with all applicable laws, rules and regulations of Governmental Authorities. 1.24. "SmartCamTM System" means the proprietary digital redlight photo enforcement system of Redflex relating to the Photo Red Light and Speed Enforcement Program. 1.25. "SmartOpsTM S.. sem" means the proprietary back-office processes of Redflex relating to the Photo Red Light and Speed Enforcement Program. 1.26. "SmartSceneTM System" means the proprietary digital video camera unit, hardware and software required for providing supplemental infraction data. 1.27. "Traffic Signal Controller Boxes" means the signal controller interface and detector, including but not limited to the radar or video loop, as the case may be. 1.28. "Infraction" means any traffic infraction contrary to the terms of the RCW (Revised Code of Washington)or any applicable rule, regulation or law of any other Governmental Authority, including but not limited to operating a motor vehicle contrary to traffic signals, and operating a motor vehicle without displaying a valid license plate or registration. 1.29. "Infractions Data" means the images and other Infractions data gathered by the Redflex System at the Designated Enforcement Sites. 1.30. "Warning Period" means the period of thirty (30) days after the Installation Date of the first intersection approach. 2. TERM. The term of this Agreement shall commence as of the date hereof and shall continue for a period of five (5) years after the Installation Date (the "Initial Term"). The Customer shall have the right, but not the obligation, to extend the term of this Agreement for up to two (2) additional consecutive and automatic two (2) year periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term"). The Customer may exercise the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redflex not less than thirty (30) days prior to the last day of the Initial Term or the Renewal Term, as the case may be. 3. SERVICES. Redflex shall provide the Photo Red Light and Speed Enforcement Program to the Customer, in each case in accordance with the terms and provisions set forth in this Agreement. 3.1. INSTALLATION. With respect to the construction and installation of the Designated Enforcement Sites and the installation of the Redflex System at such Designated Enforcement Sites, the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit B attached hereto. 3.2. MAINTENANCE. With respect to the maintenance of the Redflex System at the Designated Enforcement Sites the Customer and Redflex shall have the respective rights and obligations set forth on Exhibit C attached hereto. 3.3. INFRACTION PROCESSING. During the Operational Period, Infractions shall be processed as follows: 3.3.1. All Infractions Data shall be stored on the Redflex System; 5 3.3.2. The Redflex System shall process Infractions Data gathered from the Designated Enforcement Sites into a format capable of review by the Authorized City Staff via the Redflex System; 3.3.3. The Redflex System shall be accessible by the Authorized City Staff through a virtual private network in encrypted format by use of a confidential password on any computer equipped with a high-speed internet connection and a web browser; 3.3.4. Redflex shall provide the Authorized City Staff with access to the Redflex System for the purposes of reviewing the pre-processed Infractions Data within seven (7) days of the gathering of the Infraction Data from the applicable Designated Enforcement Sites 3.3.5. The Customer shall cause the Authorized Officer to review the Infractions Data and to determine whether a citation shall be issued with respect to each Potential Infraction captured within such Infraction Data, and transmit each such determination in the form of an Electronic Signature to Redflex using the software or other applications or procedures provided by Redflex on the Redflex System for such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED CITY STAFF AND SHALL BE MADE IN SUCH AUTHORIZED CITY STAFF'S SOLE DISCRETION (A "CITATION DECISION"), AND IN NO EVENT SHALL REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A CITATION DECISION; 3.3.6. With respect to each Authorized Infraction, Redflex shall print and mail a Citation within six (6) days after Redflex's receipt of such authorization; provided, however, during the Warning Period, warning infraction notices shall be issued in respect of all Authorized Infractions; 3.3.7. Redflex shall provide a toll-free telephone number for the purposes of answering citizen inquiries. The number shall be printed on the infraction including times and time zone as to when this number can be reached. 3.3.8. Redflex shall permit the Authorized City Staff to generate monthly reports using the Redflex Standard Report System. 3.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to the Standard Reports, Redflex shall provide, without cost to the Customer, reports regarding the processing and issuance of Citations, the maintenance and downtime records of the Designated Enforcement Sites and the functionality of the Redflex System with respect thereto to the Customer in such format and for such periods as the Customer may reasonably request; provided, however, Redflex shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to the Customer; 3.3.10. Upon the Customer's receipt of a written request from Redflex, the Customer shall provide, without cost to Redflex, reports regarding the prosecution of Citations and the collection of fines, fees and other monies in respect thereof in such format and for such periods as Redflex may G reasonably request; provided, however, the Customer shall not be obligated to provide in excess of six (6) such reports in any given twelve (12) month period without cost to Redflex; 3.3.11. During the six (6) month period following the Installation Date and/or upon Redflex's receipt of a written request from the Customer at least fourteen (14) calendar days in advance of court proceeding, Redflex shall provide expert witnesses for use by the Customer in prosecuting Infractions; provided, however, the Customer shall use reasonable best efforts to seek judicial notice in lieu of requiring Redflex to provide such expert witnesses. Following the initial six (6) month period, Redflex will provide expert witnesses to the Customer at no charge for the first two (2) requests in a calendar year, and will be reimbursed for all travel related expenses for any additional requests for expert witness testimony within the calendar year; and 3.3.12. During the three (3) month period following the Installation Date, Redflex shall provide such training to law enforcement personnel as shall be reasonably necessary in order to allow such personnel to act as expert witnesses on behalf of the Customer with respect to the Redlight Enforcement Program. The initial training session will consist of two days of instruction. 3.4. PROSECUTION AND COLLECTION• COMPENSATION. The Customer shall prosecute Citations and the collection of all Fines in respect thereof, and Redflex shall have the right to receive, and the Customer shall be obligated to pay, the compensation set forth on Exhibit D attached hereto. When any infraction is contested or a request is made by the defendant to allow for payments or delay of payment then the Bremerton Municipal Court shall collect and account for all collection of fines. Redflex may request a report of the infractions and status of collections on a monthly basis. If the fines collected by Redflex do not meet the compensation as set forth in Exhibit D then Redflex may request the customer to compensate Redflex from the funds collected by the municipal court for photo enforcement up to the amount set forth in Exhibit D. 3.5. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of the other rights and obligations set forth in this Agreement, Redflex and the Customer shall have the respective rights and obligations set forth on Exhibit E attached hereto. 3.6. CHANGE ORDERS. The Customer may from time to time request changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement by providing written notice thereof to Redflex, setting forth in reasonable detail the proposed changes (a "Change Order Notice"). Upon Redflex's receipt of a Change Order Notice, Redflex shall deliver a written statement describing the effect, if any, the proposed changes would have on the pricing terms set forth in Exhibit D (the "Change Order Proposal"), which Change Order Proposal shall include (i) a detailed breakdown of the charge and schedule effects, (ii) a description of any resulting changes to the specifications and obligations of the parties, (iii) a schedule for the delivery and other performance obligations, and (iv) any other information relating to the proposed changes reasonably requested by the Customer. Following the Customer's receipt of the Change Order Proposal, the parties shall negotiate in good faith and agree to a plan and schedule for implementation of the proposed changes, the time, manner and amount of payment or price increases or decreases, as the case may be, and any other matters relating to the proposed changes; provided, however, in the event that any proposed change involves only the addition of equipment or services to the existing Designated Enforcement Sites, or the addition of Enforcement Sites to be covered by the terms of this Agreement, to the maximum extent applicable, the pricing terms set forth in Exhibit D shall govern. Any failure of the parties to reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with Section 10. 4. License; Reservation of Rights. 4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby grants the Customer, and the Customer hereby accepts from Redflex upon the terms and conditions herein specified, a non-exclusive, non -transferable license during the Term of this Agreement to: (a) solely within the City of Bremerton, access and use the Redflex System for the sole purpose of reviewing Potential Infractions and authorizing the issuance of Citations pursuant to the terms of this Agreement, and to print copies of any content posted on the Redflex System in connection therewith, (b) disclose to the public (including outside of the City of Bremerton that Redflex is providing services to the Customer in connection with Photo Red Light and Speed Enforcement Program pursuant to the terms of this Agreement, and (c) use and display the Redflex Marks on or in marketing, public awareness or education, or other publications or materials relating to the Photo Red Light and Speed Enforcement Program, so long as any and all such publications or materials are approved in advance by Redflex. 4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees that: (a) Redflex is the sole and exclusive owner of the Redflex System, the Redflex Marks, all Intellectual Property arising from or relating to the Redflex System, and any and all related Equipment, (b) the Customer neither has nor makes any claim to any right, title or interest in any of the foregoing, except as specifically granted or authorized under this Agreement, and (c) by reason of the exercise of any such rights or interests of Customer pursuant to this Agreement, the Customer shall gain no additional right, title or interest therein. 4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not (a) make any modifications to the Redflex System, including but not limited to any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any of the Redflex Marks in any way which might prejudice their distinctiveness, validity or the goodwill of Redflex therein, (d) use any trademarks or other marks other than the Redflex Marks in connection with the Customer's use of the Redflex System pursuant to the terms of this Agreement without first obtaining the prior consent of Redflex, or (e) disassemble, de -compile or otherwise perform any type of reverse engineering to the Redflex System, the Redflex System, including but not limited to any Equipment, or to any, Intellectual Property or 8 Proprietary Property of Redflex, or cause any other Person to do any of the foregoing. 4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever action it deems necessary or desirable to remedy or prevent the infringement of any Intellectual Property of Redflex, including without limitation the filing of applications to register as trademarks in any jurisdiction any of the Redflex Marks, the filing of patent application for any of the Intellectual Property of Redflex, and making any other applications or filings with appropriate Governmental Authorities. The Customer shall not take any action to remedy or prevent such infringing activities, and shall not in its own name make any registrations or filings with respect to any of the Redflex Marks or the Intellectual Property of Redflex without the prior written consent of Redflex. 4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give Redflex prompt notice of any activities or threatened activities of any Person of which it becomes aware that infringes or violates the Redflex Marks or any of Redflex's Intellectual Property or that constitute a misappropriation of trade secrets or act of unfair competition that might dilute, damage or destroy any of the Redflex Marks or any other Intellectual Property of Redflex. Redflex shall have the exclusive right, but not the obligation, to take action to enforce such rights and to make settlements with respect thereto. In the event that Redflex commences any enforcement action under this Section 4.5, then the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex, and Redflex shall be entitled to any damages or other monetary amount that might be awarded after deduction of actual costs; provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. 4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of any action or claim action or claim, whether threatened or pending, against the Customer alleging that the Redflex Marks, or any other Intellectual Property of Redflex, infringes or violates any patent, trademark, copyright, trade secret or other Intellectual Property of any other Person, and the Customer shall render to Redflex such reasonable cooperation and assistance as is reasonably requested by Redflex in the defense thereof, provided, that Redflex shall reimburse the Customer for any reasonable costs incurred in providing such cooperation and assistance. If such a claim is made and Redflex determines, in the exercise of its sole discretion, that an infringement may exist, Redflex shall have the option to procure for the Customer the right to keep using the allegedly infringing items, modify them to avoid the alleged infringement or replace them with non - infringing items. 5. Representations and Warranties. 5.1. Redflex Representations and Warranties. 5.1.1. Authority. Redflex hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.1.2. Professional Services. Redflex hereby warrants and represents that any and all services provided by Redflex pursuant to this Agreement shall be 0 performed in a professional and workmanlike manner and, with respect to the installation of the Redflex System, subject to applicable law, in compliance with all specifications provided to Redflex by the Customer. 5.2. Customer Representations and Warranties. 5.2.1. Authority. The Customer hereby warrants and represents that it has all right, power and authority to execute and deliver this Agreement and perform its obligations hereunder. 5.2.2. Professional Services. The Customer hereby warrants and represents that any and all services provided by the Customer pursuant to this Agreement shall be performed in a professional and workmanlike manner. 5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE FOREGOING NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE DESIGNATED ENFORCEMENT SITES OR THE REDFLEX SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A TIMELY MANNER. 6. Termination. 6.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state or local statutes or ordinances are amended to prohibit or substantially change the operation of Photo Red Light and Speed enforcement systems; (ii) any court having jurisdiction over City rules, or state or federal statute declares, that results from the Redflex System of Photo Red Light and Speed enforcement are inadmissible in evidence; or (iii) the other party commits any material breach of any of the provisions of this Agreement. In the event of a termination due to Section 6.1(i) or 6.1(ii) above, Customer shall be relieved of any further obligations for payment to Redflex other than as specified in Exhibit "D". Either party shall have the right to remedy the cause for termination (Sec 6.1) within forty-five (45) calendar days (or within such other time period as the Customer and Redflex shall mutually agree, which agreement shall not be unreasonably withheld or delayed) after written notice from the non -causing party setting forth in reasonable detail the events of the cause for termination. 10 6.2. The rights to terminate this Agreement given in this Section 6.1 shall be without prejudice to any other right or remedy of either party in respect of the breach concerned (if any) or any other breach of this Agreement. 6.3. PROCEDURES UPON TERMINATION. The termination of this Agreement shall not relive either party of any liability that accrued prior to such termination. Except as set forth in Section 6.3, upon the termination of this Agreement, all of the provisions of this Agreement shall terminate and: 6.3.1. Redflex shall (i) immediately cease to provide services, including but not limited to work in connection with the construction or installation activities and services in connection with the Photo Red Light and Speed Enforcement Program, (ii) promptly deliver to the Customer any and all Proprietary Property of the Customer provided to Redflex pursuant to this Agreement, (iii) promptly deliver to the Customer a final report to the Customer regarding the collection of data and the issuance of Citations in such format and for such periods as the Customer may reasonably request, and which final report Redflex shall update or supplement from time to time when and if additional data or information becomes available, (iv) promptly deliver to Customer a final invoice stating all fees and charges properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination, and (v) provide such assistance as the Customer may reasonably request from time to time in connection with prosecuting and enforcing Citations issued prior to the termination of this Agreement. 6.3.2. The Customer shall (i) immediately cease using the Photo Red Light and Speed Enforcement Program, accessing the Redflex System and using any other Intellectual Property of Redflex, (ii) promptly deliver to Redflex any and all Proprietary Property of Redflex provided to the Customer pursuant to this Agreement, and (iii) promptly pay any and all fees, charges and amounts properly owed by Customer to Redflex for work performed and Citations issued by Redflex prior to the termination. 6.3.3. Unless the Customer and Redflex have agreed to enter into a new agreement relating to the Photo Red Light and Speed Enforcement Program or have agreed to extend the Term of this Agreement, Redflex shall remove any and all Equipment or other materials of Redflex installed in connection with Redflex's performance of its obligations under this Agreement, including but not limited to housings, poles and camera systems, and Redflex shall restore the Designated Enforcement Sites to substantially the same condition such Designated Enforcement Sites were in immediately prior to this Agreement. 6.4. SURVIVAL. Notwithstanding the foregoing, the definitions and each of the following shall survive the termination of this Agreement: (x) Sections 4.2 (Reservation of Rights), 5.1 (Redflex Representations and Warranties), 5.2 (Customer Representations and Warranties), 5.3 (Limited Warranty), 7 (Confidentiality), 8 (Indemnification and Liability), 9 (Notices), 10 (Dispute Resolution), 11.1 (Assignment), 11.17 (Applicable Law), 11.16 (Injunctive Relief; Specific Performance) and 11.18 (Jurisdiction and Venue), and (y) those I1 provisions, and the rights and obligations therein, set forth in this Agreement which either by their terms state, or evidence the intent of the parties, that the provisions survive the expiration or termination of the Agreement, or must survive to give effect to the provisions of this Agreement. 7. CONFIDENTIALITY. Customer agrees to keep confidential any proprietary or confidential information to the extent permitted by law, including laws pertaining to public records, specifically RCW 42.56. Redflex shall be responsible for clearly and conspicuously identifying specific information it believes to be confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under Washington State or federal law. If the Customer receives a demand from any person for disclosure of any information designated by Redflex as confidential, Customer shall, so far as consistent with applicable law, advise contractor of such request and provide contractor with a copy of the written request by the party demanding access to such information within a reasonable time. 8. Indemnification and Liability. 8.1 Indemnification by Redflex. Redflex hereby agrees to defend and indemnify the Customer and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and each of their affiliates, and all persons acting by, through, under or in concert with them, or any of them (individually a "Customer Party" and collectively, the "Customer Parties") against, and to protect, save and keep harmless the Customer Parties from, and to pay on behalf of or reimburse the Customer Parties as and when incurred for, any and all liabilities, obligations, losses, damages, penalties, demands, claims, actions, suits, judgments, settlements, costs, expenses and disbursements (including reasonable attorneys', accountants' and expert witnesses' fees) of whatever kind and nature (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of Redflex contained in this Agreement, or (b) the negligence or willful misconduct of Redflex, its employees or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Customer Party. 8.2 Indemnification by Customer. The Customer hereby agrees to defend and indemnify Redflex and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them, or any of them (individually a "Redflex Party" and collectively, the "Redflex Parties") against, and to protect, save and keep harmless the Redflex Parties from, and to pay on behalf of or reimburse the Redflex Parties as and when incurred for, any and all Losses which may be imposed on or incurred by any Redflex Party arising out of or in any way related to (a) any material misrepresentation, inaccuracy or breach of any covenant, warranty or representation of the Customer contained in this Agreement, (b) the willful misconduct of the Customer or its employees, which result in death or 12 bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the willful misconduct of any Redflex Party. 9. NOTICES. Any notices to be given hereunder shall be in writing, and shall be deemed to have been given (a) upon delivery, if delivered by hand, (b) three (3) days after being mailed first class, certified mail, return receipt requested, postage and registry fees prepaid, or (c) one Business Day after being delivered to a reputable overnight courier service, excluding the U.S. Postal Service, prepaid, marked for next day delivery, if the courier service obtains a signature acknowledging receipt, in each case addressed or sent to such party as follows: 9.1 Notices to Redflex: Redflex Traffic Systems, Inc. 15020 North 74th Street Scottsdale, AZ 85260 Attention: Ms. Karen Finley Facsimile: (480) 607-5552 9.2 Notices to the Customer: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Attention: Michael Mecham, P.E. City Engineer Facsimile: (360) 473-5398 13 10. DISPUTE RESOLUTION. Upon the occurrence of any dispute or disagreement between the parties hereto arising out of or in connection with any term or provision of this Agreement, the subject matter hereof, or the interpretation or enforcement hereof (the "Dispute"), the parties shall engage in informal, good faith discussions and attempt to resolve the Dispute. In connection therewith, upon written notice of either party, each of the parties will appoint a designated officer whose task it shall be to meet for the purpose of attempting to resolve such Dispute. The designated officers shall meet as often as the parties shall deem to be reasonably necessary. Such officers will discuss the Dispute. If the parties are unable to resolve the Dispute in accordance with this Section 10, and in the event that either of the parties concludes in good faith that amicable resolution through continued negotiation with respect to the Dispute is not reasonably likely, then the parties may mutually agree to submit to binding or nonbinding arbitration or mediation. If these options have been exhausted and no agreement has been reached, the parties may pursue other legal remedies. 11. Miscellaneous. 11.1 Assignment. Neither party may assign all or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed; provided, however, The Customer hereby acknowledges and agrees that the execution (as outlined in Exhibit F), delivery and performance of Redflex's rights pursuant to this Agreement shall require a significant investment by Redflex, and that in order to finance such investment, Redflex may be required to enter into certain agreements or arrangements ("Financing Transactions") with equipment lessors, banks, financial institutions or other similar persons or entities (each, a "Financial Institution" and collectively, "Financial Institutions"). The Customer hereby agrees that Redflex shall have the right to assign, pledge, hypothecate or otherwise transfer ("Transfer") its rights, or any of them, under this Agreement to any Financial Institution in connection with any Financing Transaction between Redflex and any such Financial Institution, subject to the Customer's prior written approval, which approval shall not be unreasonably withheld or delayed. The Customer further acknowledges and agrees that in the event that Redflex provides written notice to the Customer that it intends to Transfer all or any of Redflex's rights pursuant to this Agreement, and in the event that the Customer fails to provide such approval or fails to object to such Transfer within forty-five (45) business days after its receipt of such notice from Redflex, for the purposes of this Agreement, the Customer shall be deemed to have consented to and approved such Transfer by Redflex. Notwithstanding the above, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto, and their respective successors or assigns. 11.2 RELATIONSHIP BETWEEN REDFLEX AND THE CUSTOMER. Nothing in this Agreement shall create, or be deemed to create, a partnership, joint venture or the relationship of principal and agent or employer and employee between the parties. The relationship between the parties shall be that of independent contractors, and nothing contained in this Agreement shall create the relationship of principal and agent or otherwise permit either party to incur any debts or liabilities or obligations on behalf of the other party (except as specifically provided herein). 14 11.3 AUDIT RIGHTS. Each of parties hereto shall have the right to audit the books and records of the other party hereto (the "Audited Party") solely for the purpose of verifying the payments, if any, payable pursuant to this Agreement. Any such audit shall be conducted upon not less than forty-eight (48) hours' prior notice to the Audited Party, at mutually convenient times and during the Audited Party's normal business hours. Except as otherwise provided in this Agreement, the cost of any such audit shall be borne by the non -Audited Party, including reimbursement for reasonable travel expenses. In the event any such audit establishes any underpayment of any payment payable by the Audited Party to the non -Audited Party pursuant to this Agreement, the Audited Party shall promptly pay the amount of the shortfall, and in the event that any such audit establishes that the Audited Party has underpaid any payment by more than twenty five percent (25%) of the amount of actually owing, the cost of such audit shall be borne by the Audited Party. In the event any such audit establishes any overpayment by the Audited Party of any payment made pursuant to this Agreement, non -Audited Party shall promptly refund to the Audited Party the amount of the excess. 11.4 FORCE MAJEURE. Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, or Governmental Authorities approval delays which are not caused by any act or omission by Redflex, and unusually severe weather. The party whose performance is affected agrees to notify the other promptly of the existence and nature of any delay. 11.5 ENTIRE AGREEMENT This agreement represents the entire agreement between the parties and there are no other agreements (other than invoices and purchase orders) whether written or oral, with the exception of Exhibits A thru F contained herein, which affects its terms. This agreement may be amended by the parties only by a subsequent written agreement signed by both parties. 11.6 SEVERABILITY. If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision. 11.7 WAIVER. Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof. 11.8 CONSTRUCTION Except as expressly otherwise provided in this Agreement, this Agreement shall be construed as having been fully and completely negotiated and neither the Agreement nor any provision thereof shall be construed more strictly against either party. 11.9 HEADINGS. The headings of the sections contained in this Agreement are included herein for reference purposes only, solely for the convenience of the parties hereto, and shall not in any way be deemed to affect the meaning, interpretation or applicability of this Agreement or any term, condition or provision hereof. 15 11.10 EXECUTION AND COUNTERPARTS. This Agreement maybe executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and such counterparts together shall constitute only one instrument. Any one of such counterparts shall be sufficient for the purpose of proving the existence and terms of this Agreement, and no party shall be required to produce an original or all of such counterparts in making such proof. 11.11 COVENANT OF FURTHER ASSURANCES. All parties to this Agreement shall, upon request, perform any and all acts and execute and deliver any and all certificates, instruments and other documents that may be necessary or appropriate to carry out any of the terms, conditions and provisions hereof or to carry out the intent of this Agreement. 11.12 REMEDIES CUMULATIVE. Each and all of the several rights and remedies provided for in this Agreement shall be construed as being cumulative and no one of them shall be deemed to be exclusive of the others or of any right or remedy allowed by law or equity, and pursuit of any one remedy shall not be deemed to be an election of such remedy, or a waiver of any other remedy. 11.13 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding upon all of the parties hereto and their respective executors, administrators, successors and permitted assigns. 11.14 COMPLIANCE WITH LAWS. Nothing contained in this Agreement shall be construed to require the commission of any act contrary to law, and whenever there is a conflict between any term, condition or provision of this Agreement and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the term, condition or provision of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the requirement of the law, provided that such construction is consistent with the intent of the Parties as expressed in this Agreement. 11.15 NO THIRD PARTY BENEFIT. Nothing contained in this Agreement shall be deemed to confer any right or benefit on any Person who is not a party to this Agreement. 11.16 INJUNCTIVE RELIEF; SPECIFIC PERFORMANCE. The parties hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 (Restricted Use) or 7 (Confidentiality) of this Agreement would result in severe and irreparable injury to the other party, which injury could not be adequately compensated by an award of money damages, and the parties therefore agree and acknowledge that they shall be entitled to injunctive relief in the event of any breach of any material term, condition or provision of this Agreement, or to enjoin or prevent such a breach, including without limitation an action for specific performance hereof. 11.17 APPLICABLE LAW. This Agreement shall be governed by and construed in all respects solely in accordance with the laws of the State of Washington, United States. 11.18 JURISDICTION AND VENUE. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction and venue of the 16 courts located in the County of Kitsap State of Washington and both parties specifically agree to be bound by the jurisdiction and venue thereof. (The remainder of this page is left intentionally blank) 17 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. "Customer" CITY O By: v - v Name: C r 8e)ZICenak) Title: /" la uo r Ap to Form:: erto ty Attorney "Redflex" REDFLEX TRAFFIC SYSTEMS, INC., By: 1� Name: Karen Finley Title: President and CEO Attest: 0" . City Clerk 18 EXHIBIT "A" Designated Enforcement Sites The contract is for the implementation of up to 12 (twelve) intersections. Identification of Enforcement Sites, including designated school zones will be based on mutual agreement between Redflex and the City as warranted by community safety and traffic needs. 19 EXHIBIT "B" Construction and Installation Obligations Timeframe for Installation: Photo Red Light and Speed Enforcement System Redflex will have each specified intersection installed and activated in phases in accordance with an implementation plan to be mutually agreed to by Redflex Traffic Systems and the Customer. Redflex will use reasonable commercial efforts to install the system in accordance with the schedule set forth in the implementation plan that will be formalized upon project commencement. Redflex will use reasonable commercial efforts to install and activate the first specified intersection within forty-five (45) to sixty (60) days subsequent to formal project kick- off. The Customer agrees that the estimated timeframe for installation and activation are subject to conditions beyond the control of Redflex and are not guaranteed. In order to provide the client with timely completion of the photo enforcement project Redflex Traffic Systems requires that the City assist with providing timely approval of City permit requests. The City acknowledges the importance of the safety program and undertakes that in order to keep the project on schedule the customer is to provide city engineers review of Redflex permit requests and all documentation in a timely manner. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): I.I. Appoint the Redflex Project Manager and a project implementation team consisting of between one (1) and four (4) people to assist the Redflex Project Manager; 1.2. Conduct traffic investigations to determine the appropriate location for photo enforcement. 1.3. Request current "as -built" electronic engineering drawings for the Designated Enforcement Sites (the "Drawings") from the city engineer; 1.4. Develop and submit to the Customer for approval construction and installation specifications in reasonable detail for the Designated Enforcement Sites, including but not limited to specifications for all radar sensors, pavement loops, electrical connections and traffic controller connections, as required; and 1.5. Seek approval from the relevant Governmental Authorities having authority or jurisdiction over the construction and installation specifications for the Designated Enforcement Sites (collectively, the "Approvals"), which will include compliance with City permit applications. 1.6. Finalize the acquisition of the Approvals; 1.7. Submit to the Customer a public awareness strategy for the Customer's consideration and approval, which strategy shall include media and educational materials for the Customer's approval or amendment (the "Awareness Strategy"); 1.8. Develop the Infraction Criteria in consultation with the Customer; 20 1.9. Develop the Enforcement Documentation for approval by the Customer, which approval shall not be unreasonably withheld; 1.10. Complete the installation and testing of all necessary Equipment, including hardware and software, at the Designated Enforcement Sites (under the supervision of the Customer); 1.11. Cause an electrical sub -contractor to complete all reasonably necessary electrical work at the Designated Enforcement Sites, including but not limited to the installation of all related Equipment and other detection sensors, poles, cabling, telecommunications equipment and wiring, which work shall be performed in compliance with all applicable local, state and federal laws and regulations; 1.12. Install and test the functionality of the Designated Enforcement Sites with the Redflex System and establish fully operational Infraction processing capability with the Redflex System; 1.13. Implement the use of the Redflex System at each of the Designated Enforcement Sites; 1.14. Deliver the Materials to the Customer; and 1.15. Issue citation notices for Authorized Infractions; 1.16. Redflex shall provide training (i) for up to fifteen (15) personnel of the Customer, including but not limited to the persons who Customer shall appoint as Authorized City Staff and other persons involved in the administration of the Redlight Photo Enforcement Program, (ii) for at least sixteen (16) hours in the aggregate, (iii) regarding the operation of the Redflex System, which training shall include training with respect to the Redflex System and its operations, strategies for presenting Infractions Data in court and judicial proceedings and a review of the Enforcement Documentation; 1.17. Interact with court and judicial personnel to address issues regarding the implementation of the Redflex System, the development of a subpoena processing timeline that will permit the offering of Infractions Data in court and judicial proceedings, and coordination between Redflex, the Customer and juvenile court personnel; and 1.18. Provide reasonable public relations resources and media materials to the Customer in the event that the Customer elects to conduct a public launch of the Photo Red Light and Speed Enforcement Program. 1.19. Citation processing and citation re -issuance 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 2.1.1. Appoint the Project Manager; 2.1.2. Assist Redflex in obtaining the Drawings from the relevant Governmental Authorities; 2.1.3. Notify Redflex of any specific requirements relating to the construction and installation of any Enforcement Sites or the implementation of the Photo Red Light and Speed Enforcement Program; 21 2.1.4. Provide assistance to Redflex in obtaining access to the records data of the Department of Motor Vehicles in Redflex's capacity as an independent contractor to the Customer; and 2.1.5. Assist Redflex in seeking the Approvals 2.1.6. Provide reasonable access to the Customer's properties and facilities in order to permit Redflex to install and test the functionality of the Designated Enforcement Sites and the Photo Red Light and Speed Enforcement Systems; 2.1.7. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.1.8. Seek approval or amendment of Awareness Strategy and provide written notice to Redflex with respect to the quantity of media and program materials (the "Materials") that the Customer will require in order to implement the Awareness Strategy during the period commencing on the date on which Redflex begins the installation of any of the Designated Enforcement Sites and ending one (1) month after the Installation Date; 2.1.9. Assist Redflex in developing the Infraction Criteria; and 2.1.10. Seek approval of the Enforcement Documentation. Timeframe for Installation: Mobile Sneed System Redflex shall provide the Customer provide a fully equipped vehicle for mobile school zone photo speed enforcement. Redflex shall use reasonable commercial efforts to acquire and configure the vehicle or fixed enforcement site within the first sixty (60) days subsequent to providing in writing a formal Notice to Proceed. The Customer acknowledges that the estimated timeframe for acquisition, equipping and delivery of the vehicle are subject to conditions beyond the control of Redflex and are not guaranteed. 1. Redflex Obligations. Redflex shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Redflex's sole expense): 1.1. Supply a fully equipped vehicle for mobile photo speed enforcement. 1.2. Complete the installation and testing of all necessary Equipment, including hardware and software, in the designated vehicle 1.3. Install and test the functionality of the Designated Vehicle with the Redflex System and establish fully operational Violation processing capability with the Redflex System; _1.4. Issue citation notices for Authorized Violations; 1.5. Redflex shall provide program training 2. CUSTOMER OBLIGATIONS. The Customer shall do or cause to be done each of the following (in each case, unless otherwise stated below, at Customer's sole expense): 22 2. 1. Provide resources to deploy the vehicle at a minimum of five (5) hours per day. 2.2. Appoint the Police Project Manager; 2.3. Provide reasonable access to the personnel of the Customer and reasonable information about the specific operational requirements of such personnel for the purposes of performing training; 2.4. City will be responsible for all scheduled maintenance limited to oil changes every 3,000 miles or 3 months, whichever comes first, gasoline, tires and regular cleanings both to the interior and exterior of the vehicle. 23 EXHIBIT "C" Maintenance 1. All repair and maintenance of Photo Red Light and Speed Enforcement systems and related equipment will be the sole responsibility of Redflex, including but not limited to maintaining the casings of the cameras included in the Redflex System and all other Equipment in reasonably clean and graffiti -free condition. Redflex will strive to correct maintenance issues within 48 -hours of notification. 2. Redflex shall not open the Traffic Signal Controller Boxes without a representative of city Traffic Engineering present. 3. The provision of all necessary communication, broadband and telephone services to the Designated Enforcement Sites will be the sole responsibility of the Redflex 4. The provision of all necessary electrical services to the Designated Enforcement Sites will be the sole responsibility of the Customer 5. In the event that images of a quality suitable for the Authorized City Staff to identify Infractions cannot be reasonably obtained without the use of flash units, Redflex shall provide and install such flash units. 6. The Redflex Project Manager (or a reasonable alternate) shall be available to the Police Project Manager each day, on a reasonable best efforts basis. 24 EXHIBIT "D" COMPENSATION & PRICING Fixed Photo Red Light System Commencing on the installation date, for each Designated Enforcement Site, Customer shall be obligated to pay Redflex a fixed fee of $4,850 per month for each Designated Intersection Approach ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Fixed Speed School Zone Commencing on the installation date, for each Designated School Zone, Customer shall be obligated to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. ................................................................................................................................................................................. Tier Fixed Fee Per Month ....................................................................................................................................................................................... Volume ......................................................................................................................... ............................... Up to 100 Paid Citations ............................................................................................................ . ............................... 101-160 Paid Citations ................................................;............................ ...................................................... ...... ...... ..... , 161+ Paid Citations The "Volume" ranges are based on a monthly extrapolation generated by a mutually agreed to methodology. Mobile Photo Speed System Component Commencing on the deployment date, for each Mobile Speed Unit, Customer shall be obligated to pay Redflex a fixed fee as outlined in the Pricing Table below ("Fixed Fee") as full remuneration for performing all of the services contemplated in this Agreement. Redflex provided vehicle = $7,870.00 per month Cost Neutrality Notwithstanding the Fixed Fee provisions provided herein to the contrary, Redflex assures the Customer that the programs provided hereby shall be cost neutral to Customer. The maximum compensation that Customer shall be obligated to pay to Redflex each month is the Fixed Fee or the gross receipts received by the Customer, whichever is less. The Customer agrees to pay Redflex within thirty (30) days after the invoice is received. City shall be obligated to pay the cumulative balance invoiced by Redflex, in accordance with standard terms, to the extent of gross receipts to the city from automated infractions. In the event that a balance remains unpaid due to a deficit in gross receipts compared to invoiced amounts, 25 City will provide to Redflex with each monthly payment, an accounting of such gross receipts supporting the amount withheld. In the event that the contract ends or is terminated and an invoiced balance is still owed to Redflex, all subsequent receipts from automated red light infractions for a period of up to 12 months from date of termination will be applied to such balance and paid to Redflex up to the amount of said balance. BUSINESS ASSUMPTIONS FOR ALL PRICING OPTIONS: I. Redflex construction will be able to utilize existing conduit for installation where space is available. 2. Each year the pricing will increase by the CPI. CPI will be derived from the publication of the U.S. Department of Labor Consumer Price Index for Seattle. 3. Except where a balance remains unpaid due to a deficit in the gross cash received as described herein, Customer agrees to pay Redflex within thirty (30) days after the invoice is received. A monthly late fee of 1.5% is payable for amounts remaining unpaid 60 days from date of invoice. 4. Redflex will collect all payments on Citations and will deposit all payments into a lockbox account operated by an FDIC member bank and designated exclusively for the City (the "Lockbox Account"). The City shall have controlled access to the Lockbox Account. Redflex shall provide a full accounting to the City on a monthly basis in accordance with the specifications set forth in the Contract Documents. 5. Redflex will offer the following payment methods: 5.1. By Mail: When paying a Citation by mail, individuals will be asked to enclose the Citation and a personal check, money order or cashier's check for the penalty amount indicated on the front of the Citation. Checks will be made payable as directed by the City and will be mailed to a specified address. 5.2. Walk-in Payments: Walk-in payments by personal check, money order, cashier's check or credit card will be accepted at City facilities (i.e Court). If the City receives a payment for a Citation, the City will forward the payment to Redflex's lockbox institution. 5.3. By Phone: Credit card payments will be accepted over the telephone by Redflex. 5.4. Pay -by -Web: Credit card payments will be accepted by Redflex via the Internet. Exhibit "E" Additional Rights and Obligations 26 Redflex and the Customer shall respectively have the additional rights and obligations set forth below: 1. Redflex shall commit to scheduling video surveys to quantify the extent of red light infractions at intersections within the City that the Customer has determined are candidates for photo enforcement. Surveys will be twelve (12) hours in length and be conducted on a week day. Redflex shall provide the Customer with a summary of the infractions recorded during the initial survey within 60 days of the execution of this agreement. Additional surveys will be conducted by mutual agreement of the Customer and Redflex. The Customer shall not deny reasonable access to intersections for the purpose of conducting the video survey(s). 2. Redflex shall assist the Customer in public information and education efforts, including but not limited to the development of artwork for utility bill inserts, press releases and schedules for any public launch of the Redlight Photo Enforcement Program (actual print and production costs are the sole responsibility of the Customer). 3. Redflex shall be solely responsible for installing such Signage. The Redflex shall be solely responsible for the fabrication of any signage, notices or other postings required pursuant to any law, rule or regulation of any Governmental Authority ("Signage"), including but not limited to the Vehicle Code, and shall assist in determining the placement of such Signage. 4. The Redflex Project Manager and the Police Project Manager shall meet on a weekly basis during the period commencing as of the date of execution hereof and ending on the Installation Date, and on a monthly basis for the remainder of the Term, at such times and places as the Redflex Manager and the Customer Manager shall mutually agree. 5. The Customer shall not access the Redflex System or use the Redlight Photo Enforcement Program in any manner other than prescribe by law and which restricts or inhibits any other Person from using the Redflex System or the Redflex Photo Enforcement Program with respect to any Enforcement Sites constructed or maintained by Redflex for such Person, or which could damage, disable, impair or overburden the Redflex System or the Redflex Photo Enforcement Program, and the Customer shall not attempt to gain unauthorized access to (i) any account of any other Person, (ii) any computer systems or networks connected to the Redflex System, or (iii) any materials or information not intentionally made available by Redflex to the Customer by means of hacking, password mining or any other method whatsoever, nor shall the Customer cause any other Person to do any of the foregoing. 6. The Customer shall maintain the confidentiality of any username, password or other process or device for accessing the Redflex System or using the Redlight Photo Enforcement Program. 7. Each of Redflex and the Customer shall advise each other in writing with respect to any applicable rules or regulations governing the conduct of the other on or with respect to the property of such other party, including but not limited to rules and regulations relating to the safeguarding of confidential or proprietary information, and when so advised, each of Redflex and the Customer shall obey any and all such rules and regulations. 27 8. The Customer shall promptly reimburse Redflex for the cost of repairing or replacing any portion of the Redflex System, or any property or equipment related thereto, damaged directly or indirectly by the Customer, or any of its employees, contractors or agents. 28 Insurance 1. During the Term, Redflex shall procure and maintain at Redflex's sole cost and expense the following insurance coverage with respect to claims for injuries to persons or damages to property which may arise from or in connection with the performance of work or services pursuant to this Agreement by Redflex, and each of Redflex's subcontractors, agents, representatives and employees: 2. Commercial General Liability Insurance. Commercial General Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage; 3. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) combined single limit per accident for bodily injury or property damage, including but not limited to coverage for all automobiles owned by Redflex, hired by Redflex, 4. Professional Liability (Errors and Omissions) Insurance. Redflex will use its commercial best efforts to procure and maintain Professional Liability (Errors and Omissions) Insurance with coverage of not less than One Million Dollars ($1,000,000) per claim and in the aggregate. 5. Workers' Compensation and Employer's Liability Insurance. Workers' Compensation Insurance with coverage of not less than that required by the Labor Code of the State of (insert name), and Employer's Liability Insurance with coverage of not less than One Million Dollars ($1,000,000) per occurrence. 6. With respect to the insurance described in the foregoing Section of this Exhibit E, any deductibles or self-insured retentions must be declared to and approved by the Customer and any changes to such deductibles or self-insured retentions during the Term must be approved in advance in writing by the Customer. 7. With respect to the Commercial General Liability Insurance the following additional provisions shall apply: 8. The Customer Parties shall be covered as additional insureds with respect to any liability arising from any act or omission of any Redflex Parties pursuant to this Agreement, and such coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. 9. The insurance coverage procured by Redflex and described above shall be the primary insurance with respect to the Customer Parties in connection with this Agreement, and any insurance or self-insurance maintained by any of the Customer Parties shall be in excess, and not in contribution to, such insurance. 10. Any failure to comply with the reporting provisions of the various insurance policies described above shall not affect the coverage provided to the Customer Parties, and such insurance policies shall state the such insurance coverage shall apply separately with respect to each additional insured against whom any claim is made or suit is brought, except with respect to the limits set forth in such insurance policies. 11. With respect to the insurance described in the foregoing Section of this Exhibit E, if any of the Redflex Parties are notified by any insurer that any insurance coverage will be cancelled, Redflex shall immediately provide written notice thereof to the Customer and shall take all necessary actions to correct such 29 cancellation in coverage limits, and shall provide written notice to the Customer of the date and nature of such correction. If Redflex, for any reason, fails to maintain the insurance coverage required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement, and the Customer shall have the right, but not the obligation and exercisable in its sole discretion, to either (i) terminate this Agreement and seek damages from Redflex for such breach, or (ii) purchase such required insurance, and without further notice to Redflex, deduct from any amounts due to Redflex pursuant to this Agreement, any premium costs advance by the Customer for such insurance. If the premium costs advanced by the Customer for such insurance exceed any amounts due to Redflex pursuant to this Agreement, Redflex shall promptly remit such excess amount to the Customer upon receipt of written notice thereof. 12. Redflex shall provide certificates of insurance and additional insured endorsements evidencing the insurance required pursuant to the terms of this Agreement, which certificates shall be executed by an authorized representative of the applicable insurer, and which certificates shall be delivered to the Customer prior to Redflex commencing any work pursuant to the terms of this Agreement. 30 Exhibit F FORM OF ACKNOWLEDGMENT AND CONSENT This Acknowledgement and Consent, dated as o o , 2007, is entered into by and between the City ofel,,,,�e "City") and Re flex Traffic Systems, Inc., ("Redflex"), with reference to the Agreement between the city of 42..x,,.1 t&,) and Redflex Traffic Systems, inc. for Photo Red Light and Speed enforcement program, dated as of t`7 X007 , by and between the City and Redflex (the "Agreement"). 1. Redflex has entered into a Credit Agreement, dated as of August 3, 2003 (the "Harris-Redflex Credit Agreement"), with Harris Trust and Savings Bank (the "Bank"), pursuant to which the Bank has provided certain working capital credit facilities to Redflex. Such credit facilities will provide Redflex the working capital that it needs to perform its obligations to the City under the Agreement. 2. Pursuant to the Harris-Redflex Credit Agreement, Redflex has granted Harris a security interest in all of Redflex's personal property as collateral for the payment and performance of Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. Such security interest applies to and covers all of Redflex's contract rights, including, without limitation, all of Redflex's rights and interests under the Agreement. 3. Redflex will not, by virtue of the Harris-Redflex Credit Agreement, be relieved of any liability or obligation under the Agreement, and the Bank has not assumed any liability or obligation of Redflex under the Agreement. 4. The City hereby acknowledges notice of, and consents to, Redflex's grant of such security interest in favor of the Bank in all of Redflex's rights and interests under the Agreement pursuant to the Harris-Redflex Credit Agreement. 5. The City further acknowledges and agrees that this Acknowledgement and Consent shall be binding upon the City and shall inure to the benefit of the successors and assigns of the Bank and to any replacement lender which refinances Redflex's obligations to the Bank under the Harris-Redflex Credit Agreement. kE IN WITNESS WHEREOF, the City and Redflex have caused this Acknowledgement and Consent to be executed by their respective duly authorized and elected officers as of the date first above written. .................... .................................................... ................................... .......................................................................................................... ............................................................................................................................. ...............; The City: Redflex: CITY OF BREMERTON, a nici al REDFLEX TRAFFIC SYSTEMS, INC., Corporation a Delaware Corporation By: By: Name: Karen Finley Name: ' Title: President and CEO Title: AnorGmt1fiag to Form; / Attest: Attorney City Clerk 32 4 (, cl , ?- ACO1RDO CERTIFICATE OF LIABILITY INSURANCE DATE(MMroDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 3/3112016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department D Arthur J. Gallagher & Co. Insurance Brokers PHONE 825-cate 12 Fax 825-2 -0328 a/c of California, Inc. LIC #0726293 EMAIL Ess: CertRequests@ajg.com 3697 Mt. Diablo Blvd., Suite 300 INSURER(S) AFFORDING COVERAGE NAIC/f Lafayette CA 94549 RECEIVED INSURER A: Liberty Insurance Corporation 424 4 INSURED REDFTRA-02 APR O 8 2016 INSURERB:Westchester Surplus Lines Insuranc 101J2 INSURER c: Liberty Mutual Fire Insurance Coma 2 35 Redflex Traffic Systems, Inc. 5651 W. Talavi Blvd., Suite 200 INSURER D:First Liberty Insurance Cor oration 33588 Glendale, AZ 85306 City of Bremerto E: Risk Managerner tINSURER INSURER F: COVFRAGFS CFRTIFICATF NIIMRFR• 812658816 RFVICION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DDNYYY POLICY EXP MWDDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y TB5Z91453980036 4/1/2016 4/1/2017 EACH OCCURRENCE $1,000,000 ' CLAIMS -MADE ❑X OCCUR PREMISES(EEaoccurrence) $1,000,000 MED EXP (Any one person) $10,000 X $25K BI/PD DED PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ X OTHER: CAP of $25M C AUTOMOBILE LIABILITY AS2Z91453980026 4/1/2016 4/1/2017 Eaaccident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNEDS AUTOSULED BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGS_ Per accident $ X COMP/COLL X DED': $5,000 <-'HAPD Ded $ A X UMBRELLA LIAB X OCCUR TH7Z91453980046 4/1/2016 4/1/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$$10,000 $ D WORKERS COMPENSATIONWC6Z91453980076 AND EMPLOYERS' LIABILITY Y / N ANY PRO PRIETOR/PARTNER/EXECUTIVE 4/1/2016 4/1/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 OFFICERWEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B PROFESSIONAL & CYBER LIABILITY G27435075003 4/1/2016 4/1/2017 Each Claim $2,000,000 [See attached Remarks Page] 9 A ggregate $2,000,000 Sl -Each Claim $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): City of Bremerton, WA its agents, representatives and employees as required per Written contract. CERTIFICATE HOLDER CANCELLATION © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton Financial Services ACCORDANCE WITH THE POLICY PROVISIONS. 345 Sixth Street, Suite 600 Bremerton WA 98337-1873 USA AU�THOORIZEED, REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC M AC Ro® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY CRIME/FIDELITY COVERAGE Carrier: TRAVELERS CAS & SURETY CO OF AMER [A+,XV] NAIC # 31194 Policy #: 1055812961 Effective: 04/01/2016 to 04/01/2017 Limit $500,000 Aggregate limit for Employee Theft of Client Property I Retention: $50,000 PROPERTY COVERAGE Carrier: LIBERTY MUTUAL FIRE INS CO [AM BEST: A,XV] NAIC# 23035 Policy#: YU2-L9L-453980-066 Effective: 04101/2016 to 04/01/2017 Blanket Personal Property: $19,600,000 1 Installation- PP/PPO: $1,000,000 Transit: $10,000 (Blanket Personal Property includes Personal Property of Others and Valuable Papers and records at insured locations). Misc. Locations $2,000,000 per occurrence Mobile Equipment $100,000 (1) item/$1,000,000 Any one occurrence. GENERAL LIABILITY: • Additional Insured if required by written contract per attached form LCO443 0512 *Coverage is Primary & Non -Contributory if required by written contract perform LCO443 0512 *Waiver of Subrogation if required by written contract per attached form LCO443 0512 *Notice of Cancellation if required by written contract per attached form LM9901 0511 • Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) AUTOMOBILE LIABILITY: • Designated Insured if required by written contract per attached form CA20481013 • Coverage is primary if required by written contract per policy form CA 00 01 (03110) *Waiver of Subrogation if required by written contract per attached form CA 04 44 10 13 *Notice of Cancellation if required by written contract per attached form LIM 99 02 08 11 • Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) • CA 99 48 10 13 and MSC90 Endorsements included. *Medical Payments $5,000 Limit- Subject to Statutory Laws WORKERS' COMPENSATION: • Waiver of Subrogation if required by written contract per attached form WC04036 0484 (California) • Waiver of Subrogation if required by written contract per attached form WC000313 484 (Other States) *Waiver of Subrogation if required by written contract per attached form WC4203 048 (Texas) *Notice of Cancellation if required by written contract per attached form WM9018 0611 EXCESS LIABILITY: *Underlying Policies: General Liability, Automobile Liability, and Employers' Liability *Notice of Cancellation if required by written contract per attached form LM9901 0511 *Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) DOMESTIC TRANSIT: Carrier: Liberty Mutual Ins. Co Policy# SFOMC10043107 Transit Limit: $250,000 ACORD 101 (2008/01) [Am Best Rated A,XV] NAIC # 23043 © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TB5Z91453980036 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co -Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured — Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability - Railroads Item 1. Reasonable Force Exclusion a. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You - Expanded Coverage A. The final paragraph of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n, do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the .contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section II - Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); LC 04 43 0612 © 2012 Liberty Mutual Insurance. All rights reserved. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (3) To your members (if you are a limited liability company); or (4) To a co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company), or (4) To a co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent cr serious peril, provided the attempt is not recklessly made. However, none of these "employees" (including supervisory or management "employees") or "volunteer workers" are insureds for the providing or failure to provide professional health care services. B. The insurance provided by this Item 4. will not apply if the injured person's sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary,' excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraphs 2.a.(1)(a) and (d) of Section II - Who Is An Insured do not apply to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional health care services by any "employee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or "personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V - Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Knowledge of an "occurrence" by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" or other third party designated by you to notify us of "occurrences" has knowledge of the "occurrence". Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV - Conditions, you refers to an "executive officer" of the Named Insured or to the "employee" designated by the insured to give us notice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury' means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments - Increased Limits Paragraphs 1.b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of exclusion j. of Section I — Coverage A — Bodily Injury and Property Damage Liability only apply to: 1. "Property damage" to borrowed equipment, or 2. "Property damage" to property in your care, custody and control while in transit. B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of "Mobile Equipment" in Section V — Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section II — Who Is An Insured is replaced by the following: Any organization, other than a partnership or joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II - Who Is An Insured is amended to add the following: e. Additional Insured by Written Contractor Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy.- (1) olicy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury', "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; or 3_ Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC 04 43 0512 4 2012 Liberty Mutual Insurance. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Does not apply to any person or organization for any "bodily injury', "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the "bodily injury", "property damage" or "personal and advertising injury"; (3) Applies only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 15. Blanket Additional Insured —Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However, this insurance does not apply to - 1 . o:1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury', "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Item 18. Contractual Liability —Railroads Paragraph 9. of Section V - Definitions is replaced by the following 9. "Insured Contract' means: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement, f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1)`above and supervisory, inspection, architectural or engineering activities. LC 04 43 0512 4 2012 Liberty Mutual Insurance. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: IAS2Z91453980026, TB5Z91453980036, TH7Z91453980046 Issued by Llberty Mutual Flre Insurance Company, Liberty Insurance Corporation, Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) ! Organization(s); Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FILE WITH THE COMPANY 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER. AS2-Z91-453980-026 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2Z91453980026 CONVERCIAL-AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement mollies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. IPremlum: $ Incl Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss' under a contract with that person or organization. CA 04 441013 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number: AS2Z91453980026 Issued By: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)f Organizatlon(s): Per Schedule on File with Company Email Address: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical after notifying the first Named Insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged, LIM99 02 0811 © 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-Z91-453980-026 CO MIVERCIAL AUTO CA 99 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY -- BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO; AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.I. above, Excfusion B.b. Care, Custody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of. 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning UP, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the 'pollutants' or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto": or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. Premium: INCL % of Premium: Class Code: 7971 CA 99 481013 O Insurance Services Office, Inc., 2011 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish a waiver provided you excuted the contract before the loss. Issued by: 1 First Liberty Insurance Corporation For attachment to Policy No WC6Z9 1 453980076 Effective Date 104101/2016 Premium $ Issued to: Redflex Traffic Systems, Inc. WC 00 03 13 © 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 411!1984 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH A WAIVER PROVIDED YOU EXECUTED THE CONTRACT PRIOR TO THE LOSS Issued by First Liberty Insurance Corporation Job Description AS REQUIRED BY WRITTEN CONTRACT For attachment to Policy No. WC6Z91453980076 rective Date 04/01/2016 Issued to Redflex Traffic Systems, Inc. WC 04 03 06 Ed. 04/1984 Premium $ Page 1 of 1 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium; The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Issued by First Liberty Insurance Corporation For attachment to Policy No. wc6z91453980076 Effective Date 4/1/2016 Premium $ Issued to Redfex Traffic Systems, Inc. WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 All Rights Reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Name of Other Person(s) / Organization(s): PER SCHEDULE ON FILE WITH THE COMPANY SCHEDULE Email Address or mailing address PER SCHEDULE ON FILE WITH THE COMPANY All other terms and conditions of this policy remain unchanged. Issued by First Liberty Insurance Corporation For attachment to Policy No. WC6Z91453980076 Effective Date 04/01/2016 Issued to Redflex Traffic Systems, Inc. Number Days Notice: Premium $ 30 WM 9018 06 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved ACORL70DATE CERTIFICATE OF LIABILITY INSURANCE (MM/DDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 4/3/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME_ — CertlflCate Department Arthur J. Gallagher & CO. Insurance Brokerof California, Inc. LIC #0726293 RECEIVED PHONE FAX c NeE)- 925-299-1 1_1 2 (mac No . 925-299-0328 EMAIL J9_com CertRe uests@a ADDRESS: _--_ q _- INSURER(S)AFFORDINGCOVERAGE NAIC# 3697 Mt. Diablo Blvd., Suite 300 Lafayette CA 94549 y APR 2 5 2018 INSURER A:Liberty Insurance Corporation 42404 INSURED REDFTRA-02 INSURERB:Westchester Surplus Lines Insurance Co 10172 City ofBrentertcn Redflex Traffic Systems, Inc.INSURER Fi)skManagemeM c: First Liberty Insurance Corporation - ----- '33588 _.--- 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 INSURERD LM Insurance Corporation 33600 INSURER E Emplo�rers Insurance Compa�of Wausau ,'21458 INSURER F: COVERAGES CERTIFICATE NUMBER: 351652096 REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITR TYPE OF INSURANCE — ` INSD WVD PO LICY EFF POLICY EXP POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS XCO RAL LIABILITY MCLAIMS-MADE Y Y !i TB5-Z91-453980-038 4/1/2018 4/ 2019 EACH OCCURRENCE $1 000 0 -- OCCUR �� , rMAGEDATO RAYED -- PREMISES (Ea occurrence) --- - $1000,000 �X$2 DED _' MED MED EXP (Any one person)- $10,000 PERSONAL & ADV INJURY +I!} $1 000, 00 -V- -- GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC �� JECT GENERAL AGGREGATE PRODUCTS - COMP/OP AGG -- -+ $2 000,000 $2,000,000 X OTHER: CAP of $25M $ C I AUTOMOBILE LIABILITY Y Y AS6-Z91-453980-028 4/1/2018 4/1/2019 1 COMBINED SINGLE LIMIT$1,000,000z (Ea accident_ -_ X 1 ANY AUTO BODILY INJURY (Per person)$ OWNED AUTOS ONLY �� AUTOSULED HIRED - NON BODILY INJURY (Peraccdent) I $ -DAMAGE -OWNED AUTOS ONLY AUTOS ONLY PROPERrYT $ X r COMP/COLL X DED`: $5,000 _(Per _ <- 'RAPD Ded $ A X j UMBRELLA UAB X OCCUR i TH7-Z91-453980-048 4/1/2018 4/1/2019 EACH OCCURRENCE $5,000,000 ---- - - ---- EXCESS LIABr--- CLAIMS -MADE AGGREGATE $5,000,000 DED RETENTION$ E WORKERS COMPENSATIONY/N Y WCC -Z91-453980-078 :4/1/2018 4/1/2019 X LS_TATUTE PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A ER_.__ _ �, E.L. EACH ACCIDENT $1,000, 00 - ------- (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,0 _ -— DESCRIPTION OF OPERATIONS below �L. DISEASE - POLICY LIMIT $1,000,000 B PROFESSIONAL & CYBER LIABILITY G27435075005 4/1/2018 4/1/2019 'Each Claim $2,000,0 Aggregate $2,000,0 Retention- Each Claim $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): City of Bremerton, WA its agents, representatives and employees as required per written contract. l.tKIIr It Alt MULULK L;ANL;E LLAI IUN City of Bremerton Financial Services 345 Sixth Street, Suite 600 Bremerton WA 98337-1873 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE k4_ t © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC # ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY CRIME/FIDELITY COVERAGE: Carrier: Travelers Casualty and Surety Co. of American (AM Best rated A++XV) NAIC #31194 Policy #105581296 - Effective 4M/2018 - 4/1/2019 'Limit $500,000 Aggregate limit for Employee Theft of Client Property - Retention; $50,000 PROPERTY COVERAGE: Carrier: Liberty Mutual Fire Ins. Co. (AM Best rated A XV) NAIC #23035 Policy #YU2-Z91-453980-068 - Effective 4/1/2018 - 4/1/2019 'Blanket Personal Property - Special Form: $9,900,0001 Installation Personal Property/Personal Property of Others: $1,000,0001 Transit: $100,000 *Blanket Personal Property includes Personal Property of Others and Valuable Papers and Records *Misc. Locations: $2,000,000 per occurrence *Mobile Equipment: $100,000 (1) item - $1,000,000 any one occurrence GENERAL LIABILITY: Carrier: LM Insurance Corporation (AM Best rated A XV) *Additional Insured if required by written contract per attached Form LC 20 58 01aI *Coverage is Primary & Non -Contributory per attached Form LC 20 58 01.17' *Waiver of Subrogation if required by written contract per attached Form L 04 43 01 17 *Notice of Cancellation 9 required by written contract per attached Form LIM 99 01 05 11 *Separation of Insureds applies per policy form (Severability of Interest/Cross Liability Clause) AUTOMOBILE LIABILITY: Carrier: First Liberty Insurance Co. (AM Best rated A XV) *Designated Insured if required by written contract per attached Form CA 20 48 10 13 'Coverage is Primary on owned autos only per policy form CA 00 01 10 13 *Waiver of Subrogation is required by written contact per attached Form CA 04 44 1013 *Notice of Cancellation if required by written contract per attached Form LIM 99 02 08 11 *Separation of Insureds applies per policy form (Severability of Interest/Cross Liability Clause) 'CA 99 48 10 13 and MSC90 Endorsements included. 'Medical Payments $5,000 limit - Subject to State Statutory Laws. WORKERS COMPENSATION: Carrier: Employers Insurance Company of Wausau (AM Best rated A XV) *Waiver of Subrogation is required by written contract per attached Form WC 04 03 06 4/84 (California) 'Waiver of Subrogation is required by written contract per attached Form WC 00 03 13 4/84 (Other States) *Waiver of Subrogation is required by written contract per attached Form WC 42 03 04 B (Texas) 'Notice of Cancellation if required by written contract per attached Form WM 99 20 75 11/1/2011 EXCESS LIABILITY: Carrier: Liberty Insurance Company (AM Best rated A XV) *Excess Liability policy follows the primary General Liability, Auto Liability & Employer Liability 'Notice of Cancellation if required by written contract per attached Form LM9 9 01 0511 'Coverage is Primary and Non -Contributory for Additional Insureds per attached Form LCU 99 04 11 10 'Separation of Insureds applies per policy form (Severability of Interest/Gross Liability Clause) DOMESTIC TRANSIT: Carrier: Liberty Mutual Insurance Company (AM Best rated A XV) NAIL #23043 Policy #SFOMC10043109 - Effective 4/1/2018 to 4/1/2019 Transit Limit: $250,000 AGORD 101 (2008/01) U 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: TH7-Z91-453980-048 Endorsement #:21 Issued by: LIBERTY INSURANCE CORPORATION End, Eff. Date: 04/01/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSURE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM The following is added to definition 16. of SECTION V - DEFINITIONS: "Other insurance" does not include insurance issued to or on behalf of an additional insured on this policy if you have agreed in writing that your umbrella or excess liability insurance will respond before any liability insurance policy issued to or on behalf of that additional insured, and we will not seek contribution from that insurance. LCU 99 0411 10 Q 2010 Liberty Mutual Group of Companies. All rights Page 1 of 1 reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number TB5-Z91-453980-038 Issued by LM Insurance Corporation THIS ENDORSEWNT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. CONNERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3. Damage To Premises Rented To You — Expanded Coverage Rem 4. Bodily Injury To Co -Employees Rem 5. Health Care Professionals As Insureds Rem 6. Knowledge Of Occurrence Or Offense Rem 7. Notice Of Occurrence Or Offense Item 8. Unlntentionat Failure To Disclose Item 9. Bodily Injury Redefined Rem 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Rem 12. Nbbile Equipment Redefined Rem 13. Newly Formed Or Acquired Entities Rem 14. Waiver Of Right Of Recovery By Written Contract Or Agreement Rem 15. Contractual Liability — Railroads Rem 1. Reasonable Force Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You _ Expanded Coverage A. The final paragraph of 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: LC 04 43 0117 Q 2015 Liberty Mutual Insurance Page 1 of 6 Induces copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises whilie rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $3011,000: or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section W — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporanly occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I — Coverage A -- Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section it — Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to 'bodily injury": (1) To you, (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co -"employee' or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you).. Paragraph 2.a.(1)(a) of Section 11-- Who Is An Insured does not apply to 'bodily injury" for which insurance is provided by this paragraph. LC 04 43 01 17 0 2016 Liberty Mutual Insurance Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co "employee" or "volunteer worker" will not apply if the injured co -"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As insureds A. Paragraph 2.a.(1)(d) of Section 11— Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker` of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (u) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to 'employees' and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section t — Coverage B ,- Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law: (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics: (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act: or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V — Definitions: "Designated health care provider" means any "employee" or 'volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses. emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an 'occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 04 43 0117 0 2016 Liberty Mutual Insurance Page 3 of 6 Includes copyrighted material oflnsurance Services Office. Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury' in Section V — Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section I — Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence' regardless of the number of persons or organizations who sustain damage because of that "occurrence'. LC 04 43 01 17 ® 2016 Liberty Mutual Insurance Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. Item 12, IVbbile Equipment Redefined The definition of "mobile equipment" in Section V — Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other sirnnilar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Section 1 — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section lV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage' occurs, or offense giving rise to "personal and advertising injury' is committed subsequentto the execution of the written contract or agreement. LC 04 43 01 17 0 2016 Liberty Mutual Insurance Page 5 of 6 Includes copyrighted material of Insurance Services Office, !nc., with its permission. Item 15. Contractual Liability — Railroads Paragraph 9. of Section V — Definitions is replaced by the following: 9. 'Insured contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports. surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 01 17 0 2016 Liberty Mutual Insurance Page 6 of 6 Includes copyrighted material oflnsurance Services Office, Inc., with its permission. Policy Number TB5-Z91-453980-038 Issued by LM Insurance Corporation THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. COMVERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEWNTFOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional insured Where Required By Written Agreement,/ Paragraph 2. of Section II — Who Is An Insured is amended to add the following: i Additional Insured by Written Agreement The following are insureds under the policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence` which takes place after the equipment lease expires. 7. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 01 17 0 2016 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence' which takes place after you cease to be a tenant in that premises or to lease that land: b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. Nbrtgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). -/. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury', "property damage' or 'personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work' included in the 'products -completed operations hazard' unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve. maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omissions) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage' or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 01 17 0 2015 Liberty Mutual Insurance Page 2 of 4 includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications-, or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a, In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1 through 5 above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the 'bodily injury" or "property damage', or the offense which caused the "personal and advertising injuryinvolved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Kern 1: 1. Applies to the extent permitted by law: 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy: 3. Does not apply to any person(s) or organization(s) for any "bodily injury", 'property damage" or "personal and advertising injury' if any other additional insured endorsement attached to this policy applies to such person($) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury' is committed, subsequentto the execution of the written agreement and S. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 01 17 0 2016 Liberty Mutual insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following; Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required: and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the state, municipality or political subdivision: 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard', except when required by written agreement initiated prior to loss: or 3. "Bodily injury", "property damage" or "personal and advertising injury', unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section N — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section rV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LC 20 58 01 17 0 2016 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:,TBS-Z91-453980-038,TH7-Z91-453980-048 Issued by LIVI Insurance Corporation, Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FXCFSS rnmlkAFRCIAI_ GFNFRAI_ l_IARILITY CCVFRAGF PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) f Organization(s): Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FI_E WITH THE COMPANY 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation o` coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy_ All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 Q 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: A56Z91453980028 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following - AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) wno are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Bianket as required by written contract. Information required to complete this Schedule. if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage. but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section IC — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 (r) Insurance Services Office; Inc. 2011 Page 1 of 1 POLICY NUMBER:,A56-Z91-453980-028 COMVERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Names) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ Incl Information required to c this Schedule, if not shown above, will be shown in the Deciaratior The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" ar the 'loss' under a contract with that person or organization. CA 04 441013 (1) Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:.AS6491-453980-028 CO11INERCIALAUTO CA 99 48 10 13 THIS ENDORS`.!ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM WAh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.I. above, Exclusion B.6. Care, Custody Or Control does not apply. 8. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants": or 2. Any claim or "suk' by or on behalf of a governmental authorky for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. Before the "pollutants' or any property in which the 'pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto": or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered 'auto' to the place where they are Bally delivered, disposed of or abandoned by the "insured'. Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants' not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset. overturn or damage. Premium: INCL % of Premium: Class Codc: 7971 CA 99 481013 0 Insurance Services Office, Inc., 2011 page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enrurce uut Nyhl dydirtsl the persun ui ui9driizdtiun named n the Schedule. (This ayieernenl dpplies unly lu ltie extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish a waiver provided you excuted the contract before the loss. Issued by Employers Insurance Company of Wausau For attachment to Policy No WCC_Z91-453980-078 Effective Date, 04/01/2018 Premium $ Issued to: Redflex Traffic Sys*ems, Inc. WC 00 03 13 ® 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 4/1/1984 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Issued by Employers Insurance Company of Wausau For attachment to Policy N^ WCC -Z91-453980-078 'Effective Date: 04/01/2018 Premium $ Issued to Redfiex Traffic Systems, Inc. WC 42 03 04 B CO Copyright 2014 National Council on Compensation Insurance, Inc. Paye 1 of 1 All Rights Reserved. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or malting address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s) ! Email Address or mailing address: Number Days Notice: Organization(s): Per schedule on file with company All other terms and conditions of this policy remain unchanged. Issued by Employers Insurance Company of Wausau 30 Fo, attachment to Policy No. WCC -Z91-453980-078 Effective Date 04/01/2018 Premum $ Issued to Redflex, Traffic Systems Inc. WC 99 20 75 C 2016 L'rerty Mutuaf Insurance Page 1 of 1 EC. 12/0112016 Policy Number: AS6-291-453980-028 Issued By: First Liberty Insurance Corporation THIS ENDQR5F=WN r umANut:b i ht POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART ' rySchedule Name of Other Person(s)1 Organization(s): Email Address: Per schedule on file i i A, If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical after notifying the first Named Insured. B, This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 02 08 11 Q 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CAL.IFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH A WAIVER PROVIDED YOU EXECUTED THE CONTRACT PRIOR TO THE LOSS Issued by Employers Insurance Company of Wausau Job Description AS REQUIRED BY WRITTEN CONTRACT For attachment to Policy No. WCC -Z91-453980-078 Effective Date: 04/01/2018 Issued to Redflex Traffic Systems, Ir!— WC 04 03 06 Fd 0411984 Premium $ Page 1 of 1 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 3697 Mt. Diablo Blvd, Suite 300 Lafayette, CA 94549 937 5 MB 1.542 �'I�11i��I�'11�1�1�1111�1'ilk"IIIIIIII1��11�1�1'I�'lll�"�11�1'I CITY OF BREMERTON FINANCIAL SERVICES 345 6TH ST STE 600 BREMERTON, WA 98337-1873 10-937 i ® A� h CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND .CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is.an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed., If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. LIC #0726293 of 3697 Mt.. Diablo Blvd., Suite 300 CONTACT NAME: Certificate Department My, a 925 299-0328 E-MAIL ADDRESS: CertRequests@ajg.com INSURER(S) AFFORDING COVERAGE NAIC 9 Lafayette CA 94549 INSURER A: Liberty Insurance Corporation 42404 TB5Z91453980037 INSURED REDFTRA-02 INSURERB:Westchester Surplus Lines Insurance 10172 INSURER c: Liberty Mutual Fire Insurance.Com 23035 Redflex Traffic Systems, Inc. 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 INSURER D: First Liberty Insurance Cor ora 33588 INSURER E: INSURER F: DAMAGE TO RENTE PREMISES Ea occurrence $1,000,000 r`I=DTIl:1r1kTG IUIIMRGD• 842484736 DF\/ICIf11U A11111AR11:112• 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 CONTRACTOR 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. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE, AWLIbULIK INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y TB5Z91453980037 4/1/2017 4/1/2018 EACH OCCURRENCE $1,000,000 ►� CLAIMS -MADE, 7 OCCUR DAMAGE TO RENTE PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 X $25K BI/PD DED PERSONAL & ADV INJURY $1,000,000 t✓ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE . $2,000,000 RO- X POLICY PRO ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ X OTHER: CAP of $25M C .AUTOMOBILE LIABILITY Y Y A82Z91453980027 4/1/2017 ` 4/1/2018 COMBINED SINGM-CRTT— Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) E HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Per accident $ <- `HAPD Ded $ X COMP/COLL X DED': $5,000 A X UMBRELLA LIAB X OCCUR TH7Z91453980047 4/1/2017 4/1/2018 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION $ $10,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� Y. WC6Z91453980077 4/1/2017 4/1/2018 X STATUTE ORH 'E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYE $1,000,000 ✓ If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT $1,000,000 y B PROFESSIONAL & CYBER LIABILITY G27435075004 4/1/2017 4/1/2018 Each Claim •. $2,000,000 Aggregate $2,000,000 SIR - Each Claim $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): City of Bremerton, WA its agents, representatives and employees as required per written contract. CFRTIFICATF HAI nFR CANCFI I ATION ® 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton Financial Services THE EXPIRATION, DATE THEREOF, NOTICE. WILL BE DELIVERED IN 345 Sixth Street, Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98337-1873 USA AUTHORIZED REPRESENTATIVE ® 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC A�ORO . ADDITIONAL REMARKS .SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUDI I IUNAL KtMAKKS' THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY CRIMEIFIDELITY COVERAGE Carrier: TRAVELERS CAS & SURETY CO OF AMER [A+,XV] NAIC # 31194 Policy #: 1055812961 Effect vc, 64101/2017-04/01/2018 'Limit $500,000 Aggregate limit for Employee Theft of Client Property I Retention: $50,000 PROPERTY COVERAGE Carrier: LIBERTY MUTUAL FIRE INS CO [AM BEST: A,XV] NAIC# 23035 Policyii. YU2Z91453980067 Effective 04/01/2017-04/01/2018 Blanket Personal Property: $19,120.000 1 Installation- PP/PPO: $1,000,000 Transit'. $10,000 (blanket tiersonal vroperty Incluoes Personal Property of Others and Valuable Papers and records at insured locations). Misc. Locations $2,000,000 per occurrence Mobile Equipment $100,000 (1) item/$1,000,000 Any one occurrence. GENERAL LIABILITY: Liberty Insurance Corporation (AM Best Rated A XV) • Additional Insured if required by written contract per attached form LCO443 0512 ✓ `Coverage is Primary & Non -Contributory if required by written contract per form LCO443 0512 ✓ *Waiver of Subrogation if required by written contract per attached form LCO443 0512 'Notice of Cancellation 4 required by written contract per attached form LM9901 0511 • Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) AUTOMOBILE LIABILITY: Liberty Mutual Fire Ins. Company (AM Best Rated A XV) • Designated Insured if required by written contract per attached form CA20481013 • Coverage is primary on owned autos only per.policy form CA 00 01(03/10) 'Waiver of Subrogation if required by written contract per attached torm CA 04 44 10 13 'Notice of Cancellation if required by written contract per attached form LIM 99 02 08 11 • Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) • CA 99 48 10 13 and MSC90 Endorsements included. `Medical Payments $5,000 Limit—Subject to Statutory Laws WORKERS' COMPENSATION: First Liberty Insurance Corporation (AM Best Rated A XV) • Waiver of Subrogation if required by written contract per attached form WC04036 0484 (California) • Waiver of Subrogation if required by written contract per attached form WC000313 484 (Other States) 'Waiver of Subrogation if required by written contract per attached form WC4203 04B (Texas) `Notice of Cancellation if required by written contract per attached form WM9018 0611 EXCESS LIABILITY: Liberty Insurance Corporation (AM Best Rated A XV) `Underlying Policies: General Liability, Automobile Liability, and Employers' Liability `Notice of Cancellation if required by written contract per attached form LM9901 0511 'Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause). DOMESTIC TRANSIT: Carrier: Liberty Mutual Ins. Co. [Am Best Rated A,XVJ NAIC # 23043 Policy# : SFOMC10043108 Transit Limit: $250,000 ACORD 101 (20091011 Oc 200A ACORD CORPORATION. All riahts raAarved. The ACORD name and logo are registered marks of ACORD Policy Number TB5Z91453980037 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1.. Reasonable Force Item 2. Non -Owned Watercraft Extension Item. 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co -Employees. Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition . Item 10, Supplementary Payments — Increased Limits . Item 11. Property In Your Care, Custody Or Control Item 12.. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured — Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability - Railroads . Item 1. Reasonable Force Exclusion a. of Section I Coverage A = Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from .the standpoint of the insured. This exclusion does not apply to "bodily injury" or. "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I - Coverage A - Bodily .Injury And Property. Damage Liability is replaced by the following: (2) A watercraft you do not own that is: LC 04 43 0612 CSS 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office; Inc., with its permission. Page 1 of 9 (a) Less than 55 feet long; and (b)Not being used to carry persons or property for a charge; . Item 3, Darinage'To Premises Rented To You - Expanded Coverage . A. The final paragraph of 2. Exclusions of Section l - Coverage.A Bodily Injury And Property Damage. Liability is replaced by the. fallowing: Exclusions c. through n. do not apply to. damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including,water .damage. to premises while. rented to you or. temporarily occupied by you with permission of the owner: A separate limit 'of insurance appliesto this coverage as described in Section III - Limits Of Insurance: B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to. Paragraph 5. above, the Damage To Premises. Rented To You Limit is the most we will. pay under Coverage A for damages because of "property damage" to any one premises, while rented to you,. or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by youwith permission of the owner. The. Damage To Premises Rented To You Limit is the greater of. a. .$3()0,000; or b.. The Damage To Premises Rented To You Limit shown on the Declarations..' C: Paragraph 9:a, of the, definition of "insured contract' in Section V -.Definitions is replaced by the following` . a. A contract for a. lease of premises. However, that portion of the contracl for a lease of premises that indemnifies any person or organization for damage by fire, lightning; explosion or subsequent damages. resulting from such. fire, lightning or explosion including water damage to premises while recited to you or. temporarily occupied by with permission of the owner is not an "insured contract D; The paragraph immediately following Paragraph (6)of exclusion j. of.Section 1 - Coverage A Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of .this exclusion do not apply to "property damage" (other than damage by fire;. lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you fora period of 7 or fewer consecutive days. A separate limit of insurance applies.to Damage To Premises Rented To.You as described in Section III Limits of Insurance. Item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section 11 - Who Is An Insured is amended to include: Each.of'the following is also an insured`. Your supervisory or management "employees" (other than either your "executive officers" (if you are ,an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited, liability company)) . are, insureds while, in the course of their employment ,or. while. performing duties . related.to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners.or. members (if,you,are a partnership or joint venture); LC 04 43 06.12 0 2012 Liberty Mutual Insurance: All rights reserved: Page 2 of 9 Includes copyrighted material of Insurance Services Office.. Inc., With its permission... (3) . To your members (if you are a limited liability.company); or (4) ,To a co -"employee." or "volunteer worke(. while .that co-"employee".`or, "Volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business . (including participation in any recreatioria{ activities sponsored by you). Your '"employees" (other than either your "executive officers", (if you are ,an organization other than a partnership, joint.venture or limited liability company) or your managers (if, you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members ,(if you are a limited liability company); or (4) Toa co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the ; course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by u). A Good Samaritan Act means an attempt to rescue. or aid a person in imminent or serious peril, provided the attempt.is not recklessly made. However, none of these "employees" (including supervisory or management "employees") or. "volunteer. . workers" are insureds for the providing or failure to provide professional health care services. S. The.insurance provided .by this Item 4. will not apply,if the, injured .person's sole remedy for. such injury is provided under a workers'. compensation law or any similar. law: ' C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraphs 2.a.(1)(a) and (d) of Section II - Who Is An Insured do not apply, to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional healthcare services by any "ernployee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury' or "personal, and advertising injury' occurs in the course and scope of.the "designated health care provider's", . employment by the Named Insured, B: With respect to "employees" and."volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property . Damage Liability and Paragraph 2. Exclusions of. Section I _ Coverage B -. Personal And Advertising Injury Liability This insurance does not apply to (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3). Liability arising out of the providing of any professional health care;services while in anyr degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 0 2012 Liberty Mutual insurance. All rights reserved. Page,3 of 9. Includes copyrighted'material of Insurance Services. Office; Inc.; with its permission: (5) Punitive or exemplary damages, fines or. penalties: C. The following definition is added to Section.V - Definitions: "Designated health care provider" means any "employee" or."volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical. technicians or designated first.aid personnel. D.: Other Insurance The insurance provided by this Item 5. is excess over any other valid and.collectible insurance. available to the insured, whether primary, excess, contingent or on any other basis: Item 6. Knowledge Of Occurrence Knowledge of an :"occurrence" by your agent, servant or "employee" will not in itself. constitute knowledge, by you unless your "executive officer or "employee" or other third party designated by you to notify us of "occurrences has knowledge of the "occurrence". Item 7. Notice Of Occurrence. For purposes of Paragraph 2.a. of Section IV - Conditions, you refers to an '.executive officer" of. the Named Insured or to the "employee" designated by the insured to give us notice: Item 8. Unintentional Errors And Omissions. Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any: coverage afforded by this: policy. However, you must'report such an error or omission to us as, soon as practicable. after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or, non- renewal.' Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: ",Bodily injury"' means: a: Bodily injury,. sickness or disease sustainedi by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or, humiliation arising. out ofinjury as defined in Paragraph a.. above. Mental anguish. means any type of.mental or emotional illness or distress: Item 10. Supplementary Payments - Increased Limits Paragraphs. 1:b., and 1.d.. of. Section I -. Supplementary Payments, - Coverages A And B, are replaced by ,the. following: . b.' Up to $3,000 for cost of.bail bonds required because of accidents or traffic lave violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us' in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work.. LC 0443 0612 Q 2012 Liberty Mutual Insurance. Ali rights reserved: Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 11. Property In Your Care, Custody Or. Control A. Paragraphs (3) and (4) of exclusion j. of Section I - Coverage A -Bodily. Injury and Property Damage Liability only apply to: . 1. "Property damage" to borrowed equipment, or 2. "Property damage" to property in your care, custody and control while in transit, . B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2., 3,, and .5. of Section III - Limits. Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: S10;000 Each Occurrence Limit S25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one :'occurrence". regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will. pay for the sum of all damages under this Item 11. Item 1.2. Mobile Equipment Redefinition The definition of "Mobile Equipment" in Section V Definitions is amended to include self-propelled vehicles with permanently attached equipment less than.1000 pounds gross. vehicle weight that are primarily designed for (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization, other than a partnership ' or joint venture, you newly acquire or form 'and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that. organization. a. Coverage under this provision is afforded only until (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for -the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights. reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office; Inc.; with its permission_ c. Coverage B does not apply to "personal and advertisinginjury" arising.outof an offense. committed before you.acquired or formed the organization. Item 1,4. ' Blanket Additional: Insured Where Required By Written Contract Paragraph 2. of Section II - Who Is An Insured is amended to add the following: . e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in.a written'contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The perscd,(s) or organization(s) from. whom you lease equipment, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' . caused, in whole or, in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization (s) (2) Managers or Lessors of Premises: Any manager or lessor of premises leased. to you in which the written lease agreement obligates you to procure additional insured: coverage. The coverage afforded to the additional insured is limited . to liability in connection with the ownership; ' maintenance or use of the premises leased to you and caused, in whale or in par(,. by some negligent acts or omissions of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising aut of the sole negligence of the additional insured or those:acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the. additional insured's sole negligence, then the.coverage for the additional insured shall conform to the agreement, but only. if the. applicable law would allow you to indemnify the additional insured for liability arising out of the . additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that, premises or to lease that land; or (b) .Any premises for which coverage is.excluded by endorsement:, (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s), with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your'premises_. This insurance does not apply to structural alterations, new construction and demolition operations 1. performed by or.for that person or organization. (4) . Owners, Lessees. or. Contractors: any persons) or.organization(s) to whom .you are, obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily . injury", "property damage" or "personal and advertising injury" caused, .in whole or in part, by your acts or omissions or the acts. or omissions .of your "employees", your agents, or .your, subcontractors,. in, the performance of your ongoing operations. This insurance does not apply to "bodily injury',."property damage"., or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required . to provide such coverage for the additional insured by the written agreement,: and then only for the period of time required by the written agreement and only for liability caused,, in whole or in, part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors: There is .no coverage for the additional. insured for liability arising out of the sole negligence of the: additional insured or those acting on behalf of the additional insured, except.as provided below: Lc 04 43 0512 p 2.012 Liberty Mutual Insurance: All, rights reserved. Page.6 of 9 Includes copyrighted material of Insurance Services Office, Inc. with its permission: If. the written agreement obligates you to ' procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the. additional insured for liability arising out the additional insured's sole negligence. This insurance does.not apply to "bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to.prepare or. approve, maps, shop drawings, opinions, reports,. . surveys, field orders, change orders.or drawings and specifications; or . (b) Supervisory, inspection' architectural, orengineering activities.. (5). Architects, Engineers or Surveyors: any architect,. engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in Whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) Jn.the performance of your ongoing operations. . This insurance does not apply to "bodily injury", "property damage" or "personal and advertising.injury" arising out of the rendering of or the.failure to render any professional services by or for you, including: (a) .The preparing, approving, or failing to prepare or approve, maps, :shop drawings,, opinions, reports,'. surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities: .(6) Any Person or Organization Other Than a'Joint Venturer Any person or organization (other thana joint venture of which you are a member) for whom you are. obligated by a written agreement to procure additional insured coverage, but only. with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" .caused, in whole or in part, by. your acts or omissions orthe acts or omissions of those acting on your behalf: (a} In the performance of your ongoing operations; or (b) In connection with premises owned by you.. This insurance does not apply to: 1. Any construction, renovation; demolition: or installation operations performed by'or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or `approval of maps, drawings, opinions, reports, surveys, change.'orders, designs,. specification or the performance.of any other professional services by such person or organization; or 3. Any person.or organization more specifically. covered in Paragraphs e.(1) through (5) above: . The insurance afforded to any person or organization as an insured under this Paragraph 2.e.': (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or;the limits of insurance provided by this policy; LC 04.43 0612 0 2012 Liberty Mutual Insurance. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office; Inc:; With its permission. (2) Does not apply to any person or organization for any "bodily, injury"' "property damage" or "personal and advertising injury' if any other additional insured endorsement attached to this policy applies to that. person or organization with regard to the "bodily injury", "property damage" or "personal and advertising injury"; (3) Applies only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the:time the "bodily injury"or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 1.5. Blanket Additional Insured — Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or.political subdivision has issued a permit. However, this insurance does not apply to: 1.. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations, performed for. the state, municipality or political subdivision; 2. Any "bodily injury"' or "property damage" included within the "products -completed operations hazard", except when required by written contract or agreement initiated prior to. loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently.caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights 'Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement.to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. )Item17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional insured on this, policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern.. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". Item 18. 'Contractual Liability — Railroads Paragraph 9. of Section V - Definitions is replaced by the following: 9. "Insured Contract" means: LC 04 43 0512 4 2012 Liberty Mutual. Insurance. All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that. portion' of the contract for. a lease of premises that indemnifies any person or organization for damage by fire to premises while: rented to you or temporarily occupied by you with permission of the owner is nonan 'insured contract • b. A sidetrack agreement; c. Any easement.or license agreement; d. An obligation, as required by ordinance., to indemnify a municipality, except in .connection with work for a municipality; .. e. An elevator maintenance agreement; f. That part of any other contractor agreement pertaining to your business (including an indemnification.of a. municipality in. connection with work performed for amunicipality) under which you assume the tort liability - Of another party to pay for "bodily injury" or "property damage" to a .third person or organization. Tort liability means a liability that would be,imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement (1) That indemnifies an architect, engineer or:surveyor for injury or damage arising out of: . (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change. orders or drawings. and.specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineeror surveyor, assumes liability for an injury or damage arising out of the insured's rendering .or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities,. LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services'Office; Inc.; with its permission. POLICY NUMBER:AS2Z91453980027,TB5Z91453980037,TH7Z91453980047 Issued by Llberty Mutual Flre Insurance Company, Liberty Insurance Corporation, Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE.READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FXCFSS rOMMF_RCIAL GENERAL LIABILITY COVFRAGF PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY. -UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) / Organ izations Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FILE WITH THE COMPANY 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days. or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the.first named insured. B. This advance notification of a pending cancellation of coverage is intended as,e courtesy only. Our failure to provide such advance notification will not extend the policy.cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 C 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER. AS2Z91453980027 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY..PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following` AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form, SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract. Information required to complete this Schedule. if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos . Coverages of the Auto Dealers Coverage Form. CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUOROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions .of the Coverage, Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage. occurring. Premium: $ incl `Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss' under a contract with that person or. organization. CA04441013 0 Insurance Services Office,.lnc., 2011 Page 1 of 1 I. Policy Number: AS2Z91453980027 - Issued By: Liberty Mutual fire Insurance Co: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY; NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY.COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s)/ Emall Address: Organization(s): Per Schedule on File with Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above by email as soon as practical, after notifying the first Named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 02 0811 0 2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.. with its permission.. -POLICY NUMBER:AS2Z91453980027 COMVERCIAL AUTO. CA 99 46 10 13 THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED. COVERAGE FOR COVERED AUTOS -- BUSINESS. AUTO AND MOTOR. CARRIER COVERAGE FORMS This endorsement modes insurance provided under the following: . BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the. Coverage Form apply unless modified by the endorsement. A Cowered Autos Uability Coverage is changed as, "Covered pollution cost or expense" does not follows: include any cost or expense. arising out .of the :. 1. Paragraph a. of the Pollution. Exclusion applies actual, alleged or threatened discharge, only to liability assumed under a contract or dispersal, 'seepage, migration, release. or "pollutants": agreement. escape of 2. With respect to the. coverage afforded by a. Before the "pollutants' or any property in . `pollutants' Paragraph A.I.. above, Exclusion B.6. Care, which the are contained are Custody Or. Control does not apply. moved from the place .where they are . "insured" accepted by the for. movement 8. Changes In Definitions into or onto the covered "auto'; at For the purposes of this endorsement, Paragraph b. After.the "pollutants" orany property in D. -of the Definitions Section is replaced by the . which the "pollutants" are contained are following: moved from the covered "auto" to the D. "Covered pollution cost or expense' means any place where they are finally. delivered, . . cost or expensearisingout of:. `.. disposed ` of . or abandonedby the . 1. Any request, demand, order or statutory.or "insured'. regulatory requirement. that any "insured" or Paragraphs a, and b. above do not apply to others test for, monitor, clean up, remove, "accidents' that occur away from premises contain, treat, detoxify or neutralize, or in any owned by or. rented to an "insured" with way respond to, or assess. the effects of respect to "pollutants" not in or upon a "pollutants": or covered"auto".if: 2. Any claim or. "suit" by or on behalf of a (1) The °pollutants" or any property in governmental authority . for damages which the "pollutants" are contained because of testing for, monitoring, cleaning are upset; overturned or damaged, as Lip. 1.removing, containing, treating, a. result of the maintenance or use of. detoxifying or neutralizing, or In any way a covered "auto":.and responding to or assessing the effects of (2) The discharge, dispersal, seepage, "pollutants. migration, release or.escapeof the "pollutants" is caused directly by such : upset, overturn or damage. Premium: INCL Wof Premium: . Class Code: 7971 CA 99 48 10 13 ® Insurance Services Office, Inc., 2011._ Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover aur :payments frorn anyone liable for an injury covered by'this policy. We will not enforce our dght. against. the person or organization named in the.Schedule. (This agreement applies only to the TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS.ENDORSEMENT This endorsement applies only to the insurance,provided by the policy because. Texas is shown in Item 3.A. of the Information Page.. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out *of the operations described in the Schedule where you are required by a written contract to. obtain this waiver from us; This endorsement shalt not, operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule . 1. ( )Specific Waiver Name of person or organization ( X) Blanket Waiver Any. person. or organization for whom the Named Insured has agreed by writtencontract to furnish this waiver. 2.. Operations: 3. ` Premium,- The remium:The premium charge for this endorsement shall be percent of.the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described., .4. Advance Premium: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . NOTICE OF CANCELLATION TO THIRD PARTIES A If we cancel this policy for any reason other than nonpayment. of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days; or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) ! Email Address or mailing address: Number Days Notice: Organization(s): PER SCHEDULE ON FILE WITH PER SCHEDULE ON FILE WITH 30 THE COMPANY THE COMPANY All other terms and conditions of this policy remain unchanged. Issued by First Liberty Insurance Corporation For attachment to Policy No. WC6Z91453980077 Effective Date; 04/01/2017 Premium $ Issued to Redflex Traffic System:. Inc. WM 90 18 06 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1. . Ed. 06/01/2011 All Rights Reserved AGENDA BILL CITY OF BREMERTON 5G CITY COUNCIL SUBJECT: Renewal of Agreement with Study Session Date: May 8, 2019 Redflex Traffic Systems, Inc. for Photo Red COUNCIL MEETING Date: May 15, 2019 Light Enforcement Program Department: Police Presenter: Mike Davis Phone: (360) 473-5237 SUMMARY: Redflex Traffic Systems to provide photo enforcement and a school zone program which includes processing of infraction data and issuance of citations in nine locations across the city. The agreement includes two options to renew for periods of two years each. This modification is the exercise of the first, two-year renewal period. ATTACHMENTS: 1) 2-year renewal notice; and 2) Accident & Infraction Statistics FISCAL IMPACTS (Include Budgeted Amount): There is no change to the original contract amount. This contract is cost neutral with a fixed fee of$4,000 per month per camera location, with nine locations, but is capped at the gross receipts received by the City of Bremerton or the fee whichever is less. The program is within budget and included in the general fund. STUDY SESSION AGENDA: Z Limited Presentation [Ti Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business LI Public Hearing RECOMMENDED MOTION: Move to approve and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue n No Action Form Updated 01/02/2018 ACORL1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `..►'-' 4/1/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J. Gallagher&Co. NAME:HCertificate Department FAX Insurance Brokerof California, Inc. I LIC#0726 R (A/C.No.Ext): 925-299-1112 (A/c,No):925-299-0328 3697 Mt. Diablo Blvd., Suite 3000EIVED E-MAILDRESS: CertRequests@ajg.com Lafayette CA 94549 INSURER(S)AFFORDING COVERAGE NAIC# INSURED REDFTRA-MAY 2 0 2019 INSURERA: Liberty Insurance Corporation 42404 INSURER B:Westchester Surplus Lines Insurance Co 10172 Redflex Traffic Systems, Inc. 5651 W. Talavi Blvd., Suite 200 V INSURER C:First Liberty Insurance Corporation 33588 Glendale, AZ 85306 City of Bremerton INSURER D: LM Insurance Corporation 33600 O,��'c�)1r /(�. /, �'/� Risk Management INSURER E: Employers Insurance Company of Wausau 21458 k W\ (S O s.a .'9 INSURER F: COVERAGE CERTIFICATE NUMBER:975526426 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS �j' D X COMMERCIAL GENERAL LIABILITY Y TB5-Z91-453980-039 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,OJJ(7 CLAIMS-MADE X OCCUR DAMAGE TO RENTED X � ! PREMISES(Ea occurrence) $1,00 000 $25K BI/PD DED v Vit MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000 0 i GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JE X LOC PRODUCTS-COMP/OPAGG $2,000,000 X OTHER: CAP of$25M $ C AUTOMOBILE LIABILITY AS6-Z91-453980-029 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $1,000 OOV (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ — X COMP/LOLL X DED*:$5,000 <_*RAPD Ded $ A X UMBRELLA LIAB X OCCUR TH7-Z91-453980-049 4/1/2019 4/1/2020 EACH OCCURRENCE _ $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ E WORKERS COMPENSATION WCC-Z91-453980-079 4/1/2019 4/1/2020 X AND EMPLOYERS'LIABILITY Y/N STATUTE OTH- ER /f ANYPROPRIETOR/PARTNERJEXECUTIVE E.L.EACH ACCIDENT $1,000,0#9 OFFICER/MEMBEREXCLUDED? N/A "''aaaa//// (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liability G27435075006 4/1/2019 4/1/2020 Each Claim $2,000,00/0 Aggregate $2,000,04A Retention-Each Claim $50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Activities performed by or on behalf of the permittee or contractor as required by contract.ADDITIONAL INSURED(S): City of Bremerton,WA its agents,representatives and employees as required per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton Financial Services Noe ACCORDANCE WITH THE POLICY PROVISIONS. 345 Sixth Street, Suite-6,0a 1 pp Bremerton WA 98337-1873 AUTHORIZED REPRESENTATIVE USA I 44,4`K/Itc,,tteL4...... ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ARE) ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY CRIME/FIDELITY COVERAGE: Carrier:Travelers Casualty and Surety Co.of American(AM Best rated A++XV)NAIC#31194 Policy#105581296-Effective 4/1/2019-4/1/2020 Limit$1,000,000 Aggregate limit for Employee Theft of Client Property-Retention:$50,000 PROPERTY COVERAGE: Carrier:Liberty Mutual Fire Ins.Co.(AM Best rated A XV)NAIC#23035 Policy#YU2-Z91-453980-069-Effective 4/1/2019-4/1/2020 "Blanket Personal Property-Special Form:$9,900,000 Installation Persona I Property/Persona I Property of Others:$1,000,0001 Transit:$100,000"Blanket Personal Property includes Personal Property of Others and Valuable Papers and Records "Misc.Locations:$2,000,000 per occurrence "Mobile Equipment:$100,000(1)item-$1,000,000any one occurrence GENERAL LIABILITY: Carrier:LM Insurance Corporation(AM Best rated A XV) "Additional Insured if required by written contract per attached Form LC 20 58 11 18 •coverage is Primary&Non-Contributory per attached Form LC 20 58 11 18 "Waiver of Subrogation if required by written contract per attached Form LC 04 43 11 18 "Notice of Cancellation if required by written contract per attached Form LIM 99 01 05 11 •separation of Insureds applies per policy form(Severability of Interest/Cross Liability Clause) AUTOMOBILE LIABILITY: Carrier:First Liberty Insurance Co.(AM Best rated A XV) "Designated Insured if required by written contract per attached Form CA 20 48 10 13 •coverage is Primary on owned autos only per policy form CA 00 01 10 1 3 "Waiver of Subrogation is required by written contact per attached Form CA 04 44 10 13 "Notice of Cancellation if required by written contract per attached Form LIM 99 01 05 11 •separation of Insureds applies per policy form(Severability of Interest/Cross Liability Clause)"CA 99 48 10 13 and MSC90 Endorsements included. "Medical Payments$5,000 limit-Subject to State Statutory Laws. WORKERS COMPENSATION: Carrier: Employers Insurance Company of Wausau(AM Best rated A XV) "Waiver of Subrogation is required by written contract per attached Form WC 04 03 06 4/84(California)"Waiver of Subrogation is required by written contract per attached Form WC 00 03 13 4/84(Other States)"Waiver of Subrogation is required by written contract per attached Form WC 42 03 04 B(Texas) "Notice of Cancellation if required by written contract per attached Form WM 99 20 75 12/01/2016 EXCESS LIABILITY: Carrier:Liberty Insurance Company(AM Best rated A XV) "Excess Liability policy follows the primary General Liability,Auto Liability&Employer Liability"Notice of Cancellation if required by written contract per attached Form LCU 99 16 01 18 •Coverage is Primary and Non-Contributory for Additional Insureds as required by written contract per the attached Form LCU 00 01 01 18 •separation of Insureds applies per policy form(Severability of Interest/Cross Liability Clause) DOMESTIC TRANSIT: Carrier:Liberty Mutual Insurance Company(AM Best rated A XV)NAIC#23043 Policy#SFOMC10043110-Effective 4/1/2019 to 4/1/2021 Transit Limit:$250,000 CYBER LIABILITY: Carrier:North American Capacity Insurance Company(AM Best Rated A XV)NAIC#25038 Policy#C4LRU-164119-Cyber-2019-Effective 02/14/2019 to 04/01/2020 $10,000,000 Network and Information Security Liability $10,000,000 Aggregate Policy Limit of Liability-Retention:$25,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we wilt notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any. before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per schedule on file with 30 company All other terms and conditions of this policy remain unchanged. Issued by Employers Insurance Company of Wausau For attachment to Policy No.WCC-Z91-453980-079 Effective Da 4/1/2019 Premium $ Issued to Redflex Traffic Systems InL. WC 99 20 75 ®2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 Ii Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You— Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments—Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefined Item 13. Newly Formed Or Acquired Entities Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You— Expanded Coverage A. The final paragraph of 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance Exclusions c.through n.do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III—Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of"insured contract" in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I—Coverage A—Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section II—Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership,joint venture or limited liability company) or your managers (if you are a limited liability company)) or"volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II—Who Is An Insured does not apply to"bodily injury"for which insurance is provided by this paragraph. LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance B. The insurance provided by this Item 4.for"bodily injury"to a co-"employee"or"volunteer worker"will not apply if the injured co-"employee's" or"volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II—Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee"or"volunteer worker"of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury"and "personal and advertising injury"that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's"or"volunteer worker's"employment by the Named Insured. B. With respect to"employees"and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I —Coverage A— Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an"occurrence"or offense by your agent,servant or"employee"will not in itself constitute knowledge by you unless your"executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the"occurrence" or offense. LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer"or"employee"that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of"bodily injury" in Section V—Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments—Increased Limits Paragraphs 1.b. and 1.d. of Section I — Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage"to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that"occurrence". LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of"mobile equipment" in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II—Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I — Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or"property damage"that occurred before you acquired or formed the organization; and c. Section I—Coverage B—Personal And Advertising Injury Liability does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or"your work" included in the "products-completed operations hazard"that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury"or"property damage"occurs, or offense giving rise to"personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured—Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II—Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any"occurrence"which takes place after the equipment lease expires. 2. Managers or Lessors of Premises:Any manager(s)or lessor(s)of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s)or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s)or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your"employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or"personal and advertising injury"arising out of"your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s)or omission(s)of your"employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insur@d's sole negligence. This insurance does not apply to "bodily injury", "property damage"or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing,approving,or failing to prepare or approve, maps,shop drawings,opinions,reports,surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your act(s)or omission(s) or the act(s)or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance a. The preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture:Any person(s)or organization(s)(other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your act(s)or omission(s) or the act(s) or omission(s)of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s)or organization(s) more specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation,demolition or installation operations performed by or on behalf of you,or those operating on your behalf; or c. Any person(s)or organization(s)whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s)as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any"bodily injury", "property damage" or"personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s)with regard to the "bodily injury", "property damage"or"personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or"property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number TB5-Z91-453980-039 Issued by Liberty Mutual Insurance Item 2. Blanket Additional Insured—Grantor Of Permits Paragraph 2. of Section II—Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s)or organization(s)that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV— Commercial General Liability Conditions will not apply.Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or"suit". LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number: TH7-Z91-453980-049 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or Mailing Address: Number of Days Notice: Organization(s): Per Schedule on File with the Company Per Schedule on File with the 30 Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99 16 01 18 ©2017 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: AS6-Z91-453980-029 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement, This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Blanket as required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage. but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. • CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER:,AS6-Z91-453980-029 COMMERCIAL AUTO CA 99 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY -- BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Covered Autos Liability Coverage is changed as "Covered pollution cost or expense" does not follows: include any cost or expense arising out of the 1. Paragraph a. of the Pollution Exclusion applies actual, alleged or threatened discharge, only to liability assumed under a contract or dispersal, seepage, migration, release or agreement. escape of"pollutants': 2. With respect to the coverage afforded by a, Before the 'pollutants' or any property in Paragraph Al. above, Exclusion B.6. Care, which the "pollutants` are contained are Cmoved from the place where they are Custody Or Control does not apply. accepted by the "insured" for movement B. Changes In Definitions into or onto the covered"auto";or For the purposes of this endorsement, Paragraph b. After the "pollutants" or any property in D. of the Definitions Section is replaced by the which the "pollutants" are contained are following: moved from the covered "auto" to the D. "Covered pollution cost or expense" means any place where they are finally delivered, cost or expense arising out of: disposed of or abandoned by the 1. Any request, demand, order or statutory or "insured". regulatory requirement that any "insured" or Paragraphs a. and b. above do not apply to others test for, monitor, clean up, remove, "accidents" that occur away from premises contain,treat, detoxify or neutralize, or in any owned by or rented to an "insured" with way respond to, or assess the effects of respect to "pollutants" not in or upon a "pollutants': or covered "auto"if: 2. Any claim or "suit' by or on behalf of a (1) The "pollutants" or any property in governmental authority for damages which the "pollutants" are contained because of testing for, monitoring, cleaning are upset, overturned or damaged as up, removing, containing, treating, a result of the maintenance or use of detoxifying or neutralizing, or in any way a covered "auto"; and responding to or assessing the effects of (2) The discharge, dispersal, seepage, "pollutants". migration. release or escape of the "pollutants" is caused directly by such upset,overturn or damage. Premium: INCL %of Premium: Class Code: 7971 CA 99 48 1013 ®Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER:, AS6-Z91-453980-029 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY L AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium: $ Incl Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 4 Insurance Services Office, Inc„ 2011 Page 1 of 1 POLICY NUMBER:,'TB5-Z91-453980-07 ,TH7-Z91-453980-049 , AS6-Z91-453980-029 Issued by IM Insurance Corporation, Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)1 Email Address or mailing address: Number Days Notice: Organization(s): PER SCHEDULE ON FILE WITH PER SCHEDULE ON FILE WITH 30 THE COMPANY THE COMPANY A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy_ All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR AS REQUIRED BY WRITTEN CONTRACT WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH A WAIVER PROVIDED YOU EXECUTED THE CONTRACT PRIOR TO THE LOSS Issued by Employers Insurance Company of Wausau For attachment to Policy";c WCC-Z91-453980-079 Effective Dat ?04/1/2019 Premium S Issued to Redflex Traffic Systems, WC 04 03 06 Page 1 of 1 Ed. 0411984 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization warned in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish a waiver provided you excuted the contract before the loss. Issued by: Employers Insurance Company of Wausau For attachment to Policy Nc WCC-Z91-453980-079 Effective Date:04/1/2019 Premium $ Issued to: Redflex Traffic Sys*ems, Inc. WC 00 03 13 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed.4/1/1984 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( )Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Issued by Employers Insurance Company of Wausau For attachment to Policy Nr: WCC-Z91-453980-079 'Effective Date:4/1/2019 Premium$ Issued to Redflex Traffic Systems, Inc. WC 42 03 04 B 0 Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 All Rights Reserved. TH7-Z91-453980-049 d. The total applicable limits of all underlying insurance do not decrease, except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements; and e. You notify us in writing, as soon as practicable, if any underlying insurance is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However, in the event of such failure, we will only be liable to the same extent that we would have been, had you fully complied with these requirements. 10. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for: (1) All premiums due under this policy; and (2) Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 11. Other Insurance v This insurance is excess over, and will not share or contribute with any other insurance whether primary, excess, contingent or on any other basis. However, this insurance will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured on such other insurance; b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available; c. Underlying insurance includes the person or organization as an additional insured; and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. 12. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate, complete and based on information and representations you provided or made to us; b. We have issued this policy in reliance upon your information and representations. 13. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured,this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 17 of 24 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. APPROVED 4/21/2020 - SNO DATE(MMIDDlYYYY) ��'R�® CERTIFICATE OF LIABILITY INSURANCE � 312612021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THiS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(les) muss have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #07262�eCEIVE[� 3697 Mt. Diablo Blvd., Suite 300 CV Lafayette CA 94549 INSURED Redflex Traffic Systems, Inc. 5651 W. Talavi Blvd., Suite 200 Glendale, AZ 85306 COVERAGES _ APR 1 3 �-(}�� _ REDFTRA-02 City of Bremerton Risk M�rlagemetlt CERTIFICATE NUMBER:707251761 Certificate Depan �n. 925-299-1112 a: Westchester Su INSURER C .. r .n Lines Insurance Co a Corooration INsuRERD: LM Insurance Corporation INsuRER E : Employers Insurance Company of Wausau REVISION NUMBER: 925.299-0328 10172 _ _ 33600 21458 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. ILTR I TYPEOFINSURANCE INSDL WVD POLICYNUrABER MM/DD/YYYY � MMroDYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y TB5-Z91.453980-030 4l1/2020 711/2021 EACHOCCl1RRENCE $1,000,000 CLAIMS•MADE n OCCUR PREMIGSESO(Ee oceuE enco} _ $ 1,000,000 X 510K BIIPD DED MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,OOD,000 GEN'L AGGREGATE LIMIT APPLIES PER: AGGREGATE $ 2,DOD,000 POLICY a j� � u LOC _GENERAL PRODUCTS - COMPlOP AGG $ 2,000,000 X OTHER: CAP of S25M $ C AUTOMOBILE LIABILITY _ AS8-Z91-453980.020 41112020 7/1/2021 COMBINED SINGLE LIMIT (Ea accident) _ _ _ _ __ _ $1,000,000 _ _ _ _ _ X ANY A11T0 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTYDAA7AGE (Per accidonp $ _ _ HIRED NON OWNED AUTOS ONLY AUTOS ONLY X COMPlCOLL !( DED': 55,000 <-'HAPD Ded § A X UMBRELLA LIAR X OCCUR TH7-Z91-053980.040 4!1l2020 7/112021 EACH OCCURRENCE $ 8,000,000 EXCESS LIAR CLAIMS•MADE AGGREGATE § 8,000,000 DED RETENTION$ $ E E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNEFUEXECUTIVE � OFFICER�MEMBEREXCLUDED? (Mandatory In NH) N 1 A WCC-Z91-453980.070 AOS) WCC-Z91-453980.071 �MN) 4l112020 4/1/2021 71112021 7/1/2021 X STATUTE EORH E.L. EACH ACCIDENT — -" E.L. DISEASE - EA EMPLOYEE § 1,000,000 $ 1,000,000 11 yes, describe undor DESCRIPTION OF OPERATIONS bebw E.L. DISEASE -POLICY LIMIT $ 1,000,000 e Professional Liability G27435075 007 4l1l2020 7/1/2021 Each Claim Aggregate Retentlon•Each Claim $2,000,000 $2,000,000 $50,000/ $250,000" DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required) *$250,000 Retention Applies to Class Action Claims RE: Activities performed by or on behalf of the permlttee or contractor as required by contract, ADDITIONAL INSURED(S): City of Bremerton, WA its agents, representatives and employees as required per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton Financial Services ACCORDANCE WITH THE POLICY PROVISIONS. 345 Sixth Street, Suite 600 Bremerton WA 98337-1873 AU%THO%RIZE�DREPRESENTATIVE USA ��i� �:tiu�-� ACORD 25 (2016l03) ©1988.2015 AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 2' of 22 5184 • 4, AGENCY �NAMEDIN3URED CARRIER (NAIC CQDE EFFECTIVE DATE; %N! ♦ � "` * *. PARTY CRIMEIFIDELITY COVERAGE; Twin City Fire Insurance Co, (AM Best rated A+ XV) NAIC #29459 Policy #57KB0347477 20 -Effective 2/1012020 - 7/1/2021 000 Aggregate limit for Employee Theft of Client Property off Premises -Retention: $50,000 ?ROPERTY COVERAGE: arrler: Liberty Mutual Fire Ins. Co. (AM Beat rated A XV) NAIC #23035 Polioy #YU2-Z91-453980-060 -Effective 4/1/2020 - 711I2021 `Blanket Personal Property Limit -Spacial Farm: $16,036,000/Installation of Property of Others: $1,000,000 LimitlT'ransit: $10U,UU0 Limit `Blanket Personal Property includes Personal Property of Others and Valuable Papers and Records `Misc. Locations; $2,000,000 per occurrence `Mobile Equipment; $100,000 {1) item - $1,000,000 any one occurrence GENERAL LIABILITY: Carrier: LM Insurance Corporation (AM Best rated A XV) *Additional Insured if required by written contract per attached Form LC 20 58 11 18 "Coverage is Primary &Nnn-Contributory if required by written contract per attached Form LC 20 58 11 18 *Waiver of Subrogation if required by written can#root par attached Form LC p4 43 11 18 *Notice of Cancellation if required by written contract per attached Form LIM 99 01 05 11 `Separation of Insureds applies per policy form (Severability of Interest/ Cross Liability Clause) AUTOMOBILE LIABILITY; Carrier: Tho First Liberty Insurance Corporation. (AM Best rated A XV) "Designated Insured if required by written contract per attached Fonn CA 20 48 10 13 'Coverage is Primary on owned autos cnly per policy fomt CA 00 01 10 13 "Waiver of Subrogation is required by written contact per attached Form CA 04 44 10 13 "Notice of Cancellation if required by written contract per attached Form LIM 99 01 05 11 "Separation of Insureds applies per policy form (Severabiilty of InterestlCross Llabtlity Clause) "Pollution Liability —Broaden Coverage for Covered Autos Motor Carrier Form as per attached Form CA 99 48 1013 *Medical Payments $5,000 limit - Subject to State Statutory Laws. COMPENSATION: Carrier: Employers Insurance Company of Wausau (AM Best rated A XV) "Waiver of Subrogation Is required by written contract per attached Form WC 04 03 06 4/84 (California) *Waiver of Subrogation is required by written contract per attached Form WC 00 03 13 4184 (Other States) *Waiver of Subrogation is required by written contract per attached Form WC 42 03 04 B (Texas) "Notice of Cancellation if required by written contract per attached Form WM 99 20 75 12/01/2016 EXCESS LIABILITY: Carr(er: Liberty Insurance Corporation (AM Best rated A XV) *Exoess Liability policy follows the primary General Liability, Auto Liability &Employer Liability *Notice of Cancellation if required by written contract per attached Farm LCU 99 16 01 18 `Coverage is Primary and Non -Contributory for Additional Insureds as required by written contract per the aitaohed Form LCU 00 01 0118 "Separation of Insureds applies per policy form (Severability of Interest/Cross Liability Clause) DOMESTIC TRANSIT: Carrier: Liberty Mutual Insurance Company (AM Best rated A XV) NAIC #23043 Policy #SFOMC10043110 -Effective 4/1/2019 to 7I1/2021 'ransit Limit; CYBER UABILITY`. Carrier: North American Capacity Insurance Company (AM Best Rated A XV) NAIC #25D38 Polioy #C4LRU-1 G4119 - Cyber - 2020 -Effective 411/2D20 to 7/1/2021 -Primary Limits; $5,000,000 Network and Information Security Liability $5,000,000 Aggregate Polioy Limit of Liability -Retention; $25,000 Carrlar: Scottsdale Insurance Company (AM Best Rated A XV) NAIC #41297 Policy #EKI3328994 -Effective 04/1/2020 to 7I112021 $5,000,000 Excess $5,000,000 Aggregate Policy Limit of Lability 3' of 22 5184 This endorsement modifies insurance provided under the following: Index of modified items: • • ^• • • ,.•^ • i • � • • • 1 • • • li A The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy; 1. Lessors of Leased �quipmeni: The persan(s) or organization(s)frnm wham you lease equipment, but only with respect #o liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organizatian(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires, 2. Managers or L®ssors of Premises: Any managers) or lessors) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage, The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts} or amissian(s) of you, your "employees", year agents ar your subcontractors. There is na coverage far the additional insured far liability arising out of the sole negligence of the additional insured or those acting an behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage far the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 5>3 11 1� U 201$ Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Ciffice, Inc., with its permission. a� or z2 sisa "• �' 2 ► � • 1 1 1 This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Morigagees, �4ssignees or F�eceivers: Any persons) or organizations) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance ar use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such persons) or organization(s). 4. owners, Lessees or Contractors: Any persons) or organizations) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole ar in part, by your acts) or omissions) or the acts) or omissions) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts) or amission(s) or the acts) or omissions) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured far liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural ar engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", ar the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services, 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts) or omissions) or the acts) or omissions) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury"', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or far you, including: LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 2 of � Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5' of 22 5184 �• • •- a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "badily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. any Person ®r organization tither Phan a J®int Venture: Any persons) or arganization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole ar in part, by your acts) or ornissian(s) or the acts) or omissions) of those acting an your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by ar rented to you. This insurance does not apply to: a. Any persons) or organizations) more specifically covered in Paragraphs �. through 5. above; b. Any construction, renovation, demolition ar installation operations performed by or an behalf of you, or thaw operating an your behalf; or c. Any persons) or organization(s)whow profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering af, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving ar failing to prepare ar approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "badily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or an behalf of you, or those operating on your behalf. The insurance afforded to any persons) or organizations) as an insured under this teem 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any persons) or organizations) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such persons) or organizatian(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the #ime the offense giving rise to the "personal and advertising injury" is committed. Lc 20 5>3 11 18 U 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6" of 22 5184 a• � w Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and io which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respeck to the state, municipality or political subdivision: �. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. this insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed far the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "producis-completed operations hazard", except when required by written agreement initiated prior to lass; ar 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in park, by you or Chase acting on your behalf. -1 • - ' - t - If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any persons) or organizations) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. ®Cher Insurance of section IV — Cammercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Gther Insurance of Section IV — Cammercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured far which it is also covered as an additional insured for the same "occurrence", claim ar "suit". LC 20 58 11 18 ©2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 7` of 22 5184 '• This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: y- � -. s ��� • s . ,,... �, x ... +. - r - � � � �t�t� ���� �► t �� - " :. � . • r + • . � Exclusion a. of section 1 — C®verage A — bodily Injury And Prnperiy damage Liability is replaced by the following; a. Expected ®r Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply ka "bodily injury" or "property damage" resulting from the use of reasonable force to protect persans or property. -..... . . . - � . - ,.- � � ..- r. .- .. -• . . . (2) A watercraft you do not awn that is: (a) Less than 55 feet long; and (b) Not being used to carry persans or property for a charge; LC t)4 4� 11 1 & ©2018 Liberty Mutual Insurance @age 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 8' of 22 5184 'i i^ ' 1 1 1 i •' Exclusions c, through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III —Limits ®f Insurance. Paragraph 6. of Section I11—Limits ®f Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the pamage To Premises Rented To You Limit is the mosk we will pay under Coverage � for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented Ta You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. �. Paragraph 9.a. of the definition of "insured contract" in Section V — Definiticans is replaced by the following: a. A contract for a lease of premises. However, tl7at portion of the contract far a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; l - •. .• .• - • • • .• • � i • • .. � � .r- � �i w .�- � .•- • -• - i - • • i Paragraphs (1), (3) and (4} of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you far a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III —Limits of Insurance. :.� Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company}) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": {1} To you; (2} To your partners or members (if you are a partnership or joint venture); {3} To your members (if you are a limited liability company); or (4} To a co -"employee" or "volunteer worker" while that co"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business {including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a} of Section II — VUho la An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC D4 43 11 18 O 2018 t_iber#y Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 9' of 22 5184 .� �• �' The insurance provided by this Item 4. for "bodily injury" to a co"employee" or "volunteer worker" will not apply if the injured co -"employee's" or "volunteer worker's" sole remedy for such Injury is provided under a workers' oornpensation law ar any similar law, The insurance provided by this Item 4, is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent ar on any other basis, (d) Arising out of his or her providing or failure to provide professional health care services, However, any "employee" or "volunteer worker" of the Named Insured who is eating as a Good Samaritan in response to a public ar medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" ar "volunteer worker's" employment by the Named Insured, .;c • * .�- +� This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; {2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; {4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. �. The following definition is added to Section V d Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties Include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any ether basis, Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 10" of 22 5184 "'•' '� •� F ':M • �1 ^• • •' �, � . � � �. �'ar purposes of Paragraph 2.a. of Section IV —Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. �• r Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. The definition of "bodily injury" in Section V — definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental ar emotional illness or distress. Item 10. Supplementary Payments —Increased Limits Paragraphs 1.b. and 1.d. of Section I —Supplementary Payments — Coverages A And � are replaced by the following: b. Up to $3,000 for the cast of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bands. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual Toss of earnings up to $500 a day because of time off from work, . ,- « - • .. � .. s •- *�r s Coverage provided by this endorsement does not apply to "property damage" to property while in transit. Subject to Paragraphs 2., 3., and 5. of Section III —Limits ®f Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit far this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". LC 04 43 11 18 ©2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11' of 22 5184 • i The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. This insurance does not apply to any poriion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. The definition of "mobile equipment" in Section V — Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. 3. Any organization you newly acquire or farm, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However; a. Coverage under this provision is afforded only until: {1) The 180th day after you acquire or form the organization; {2) Separate ooverage is purohased for the organization; or {3) The end of the policy period whichever is earlier; c. Section I — Coverage B — �ersanal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you aoquired or formed the organization. 13. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. ,. t .. �� � � � ��^ � � '_ � ...� � 4�. y� , �. .� The following is added to Paragraph 6. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 04 43 11 16 C7 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 12" of 22 5184 Policy Number TI35-Z91-453980-030, ASCi-Z91-�53�)80-020 Issued by LM Insurance Corporation This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Noma of Other persons) / Organizaiion(s): Emall Address or mailing address: Number Qays Notice: Per Schedule on file with Company 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 «-� 2011 Liberty Muival Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Ina., with its permission. 13" of 22 5184 PbLICY NUM�EI":: ,PiS6-Z91-4539»Q�Q20 C1MM��IA,L, Al1T'� �CA�t�1�13 Thll EhJ®c���EI�EIrIT CH���E THE P(�LI�Y. �LE�,�E �EA� IT G�REFULL`f. This endorsement modifies insurance provided tinder the fallowind� AtJTa DEAt_Ef�S CUVERACaE FARM F3USINESS AUTC7 CUVERAGE Ft�RM MU I C)F2 CAf�RIER CCJVERACaE Ff)RM With respect to coverage provided by Ihis endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies persons} or organizati�n(s} �nrho are '"insureds" far Covered Autos Liability Coverage under the Wha Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. r► Name �t Persott(s) �r �rganizatlon(sj: Blanket as eeyulred by written contract. Informaiian re wired to cam lete this Schedule, if not shavrn above, will be shown in the Dealarations. Each person ar organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an °'insured" under the Wha Is Ar7 Insured provision aontained in Paragraph A.1. of Seation II - Covered Autos Liability Coverage in the Pusiness Auto and Motor Carrier Coverage Forms and Paragraph �.2. of Section I -- Covered Autos Coverages of the Auto Dealers Goverage Form. t InsurancF� .Services C�ffire, Inc.., ?C�11 14' of 22 5184 phis endorsement rnodit'ies insurance laravided under the followinr�: VV"�h respect to caverage pravided by this endarsernent, the pravisiens of the Covor�gr: dorm apply unless rriodifred by the endarsement. Namet} t?f Porr��nt�} �r Org�nizati�n(s): any person or ar�anizatian for whom you pett9rn� Wark under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. __...-__-__. - �a _ ._ Infarmati®n required to complete this �chedute, i not shown abave, w�1 be shown �t the �eclaratiar ,� ►. � - i, �, � �� �,._�.. i� 11,. � f'.. . i. � � � i Ilt. i "� � � r � �' � / � 4. I � Insurance Services tree, Inc,. 2011 � ■ 15' of 22 5184 [61101104140 N i 6 + as , >y the endorsement. ` ➢c `. 1: ,' f.' R A, -..'t f`:' . C. f 1 s t tf i i 1 "' � ■ R - f. follows, V i. "any CDStor expense! out f , the . .,actual, alleged discharge, 1* Paragraph a. of the ollution Exclusion applies only to liability assume un er a contract or dispersal, f 1 or i' !i agreement. escape i 1" 1. %! r 1 w I l` respectr . coverageafforded by rty in 1 contained R' f A.I.above, 1 8 6Care, CustodyControl does notfi. accepted by the �insured" . moved from the place where they are « t y 11 a. 1 1 q 1 movedFor the purposes of this endorsement, Paragraph bw After the OpollutanW or any property in Do of the Definitions Section is replaced by the which the "pollutants" are contained are from the covered i to the Do OCoveted pollution cost or expense" means any place where they are finally delivered, cost or '! out R disposed of or 1. !/ ! by the lo Any !demand, order r or statutory 40 regulatory that any.: or Paragraphs4 i above io not apply1 others test for, monitor, clean up, remove, "accidents" that occur away from premises contain, treat, etoKify or neutralize, or in any owned by or rented to an "insured" with ":y respond "! or :i to tl not or if covered i. Zo Any claim or "suft� by or on behalf of a (1) The "pollutants" or any property in governmental aLdhordy for darnages which the "pollutants" are contained because of testing for, monitoring, cleaning ate upset, overturned or damaged as tip, removin containing, treating, a result of the maintenance or use of detoxifying or neutralizing, or covered .i'°f f- and responding to or assessing the effects of (2) The discharge, dispersal, seepage, "pollutants". migration, release or escape of the Fcaused directly upset,overturn or damage, P remium: IiVCL °/a of Pr�rnium: Glass Code: 7971 GAI 99 4� 1 � '13 a Insurance �orvices Office, Inc., 2C}11 ��� i of i �; a' i. We have the right to recover our payments from anyone lial�;e far an injury cavereci by this policy. VVe will not enforce our right against the person or organization named in the 5ohedule. (This agreement applies only to the extent that you perfarrrt work under a written carZtrark that requires you to obtain this agreement from us.) You must r�taintain payroll records accurately segregating the remuneration of your cmployces while engaged in the work descrilaed in the schedule. The additian;al prerr7ium for this endorsement shalt be % of the California workers' cornper7sation pren�iurrr otherwise due on such remuneration. Person ar c�rc�anizatian II � f�� III I _I `` •' -� Issued to �edfl�x Traffic �ysEerns, In::, .�atJ ��SC I"Ilatlpl't r � � Premium � Wage 1 of 1 17` of 22 5184 We have the right to recover our payments from anyone liable for an injury cavered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contraat that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not Warned in the Schedule. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual, Where required by contract or written agreement prior to loss and allowed by law. In the states of AZ, CO, GA, IL, IN, MD, MN, MS, MO, NM, PA & RI, the premium charge is 0% of the total manual premium, subject to a minimum premium of $0 per policy. In the states of CT, FL & OR, the premium charge is t" b of the total manual premium, subject to a minirmum premium of $250 per policy. In the state of LA, the premium charge is 2% of the total standard premium, subject to a minimum premium of $250 per policy. In the states of NY & TN, the premium charge is 2% of the total manual premium, subject to a minimum premium of $250 per policy. In the state of SC7, the premium charge is 2% ofthe toia.1 manual premium, subject to a minimum premium of $100 per policy. In the state of VA, the premium charge is 5% of the total manual premium, subject to a minimum premium of $250 per policy. Issued by Employers Insurance Company of Wausau15555 For attachmentto Policy No.WCC-Z91-453980-070 Effective Date 4/01/2020-07/01/2021 Premium$ Issued to Redflex Traffic Systems Inc. WC 00 0313 Ed. 04/01 / 1984 c01983 National Council on Compensation Insurance. Page 1 of 1 18` of 22 5184 This endorsement applies only to the insurance provided by the pa{icy because Texas is Shawn in Item 3.A. of the Information Page. We have the rtgi�t to recover our payments tram anyone liable for an injury covered by this policy. We will not enforce our right against the parson or organization named in the Schedul®, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain ibis waiver from us. This endorsement shall net operate directly ar indirectly to bendfit anyone not named in the Schedule. The premium far this endorsement is shown in the Schedule, tC�'L.�ifl1� 1. ( )Specific Waiver Name of person or organization (X) E3lanket Waiver Any person or organization for whom the t+famed Insured has agreed by written contract to furnish this waiver. 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in aannectian with work performed for the above persan(s) ar organizatian(s} arising out of the operations described. 4. Advance premium: Issued to Redfiex Traffic systems, lnc. WC 42 03 44 f� O Copyright 20'i 4 Netianaal Council on Compen�etion In�urence, Inc. Pegg 1 of 1 All Rights Reserved. 19' of 22 5184 tt. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. I3. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. w � � � � .. � ���n �_ Per schedule on fiile with company All other terms and conditions of this policy remain unchanged. Issued by Employers Insurance Company of Wausau15555 For attachment to Policy No.WCGZ91-453980-070 Effective Date Issued to Redflex Traffic Systems Inc. �VC'9J Zli 7: E d. 12/01 /2016 C� 2016 Liberty Mutual Insurance 3i Premium Page 1 of 1 20° of 22 5184 Policy Number TH7�Z91®453980-040 Issued by LIBERTY INSURANCE CORPORATION ��� t � .w , r. � � ,� � � „� ,,,, This endorsement modifies insurance provided under the fallowing: COMMERCIAL LIABILITY -UMBRELLA COVERAGE FORM Schedule Name ofi ®ther Person(s)1 Email Address or Mailing Address Organization(s): Per Schedule On File With Company Per Schedule On File With Company Number ofi Days Notice: 30 Qays .��. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons ar organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event shall the notice period applicable to the third parry exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a oourtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 9916 U118 �t> 2017 Liberty Mutual'Insurance Page I of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 21" of 22 5184 TH7-Z91-453960-040 d. The total applicable limits of all underlying insurance do not decrease, except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements; and e. You notify us in writing, as soon as practicable, if any underlying insurance is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However, in the event of such failure, we will only be liable to the same extent that we would have been, had you fully complied with these requirements. 10. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for: (1) All premiums due under this policy; and (2) Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 11. Other Insurance This insurance is excess over, and will not share or contribute with any other insurance whether primary, excess, contingent or on any other basis. However, this insurance will not seek contribution from any other insurance available to an additional insured provided that; a. The additional insured is a Named Insured on such other insurance; b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available; c. Underlying insurance includes the person or organization as an additional insured; and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. 12. Representations ay accepting this policy, you agree: a. The statements in the Declarations are accurate, complete and based on information and representations you provided or made to us; b. We have issued this policy in reliance upon your information and representations. 13. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 17 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 22' of 22 5184 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 2121 North California Boulevard, Suite 350 Walnut Creek, CA 94596 5184 5 AB 1.463 ��I1���1�������1111���111��'�'�II�IIIIII111�111111�'ll'I'�I"III CITY OF BREMERTON FINANCIAL SERVICES 345 6TH ST STE 600 BREMERTON, WA 98337-1873 5184 We are providing you with a Certificate of Insurance confirming our client's coverage. Want to get certificates of insurance faster? "Go Green with Gallagher" by receiving digital copies of certificates via e-mail in the future, Or, do you no longer require a certificate of insurance for our client? Please contact us at COI.UpdateMyEmail@AJG,com and provide the following information for processing: 1. Confirmation that a certificate of insurance is no longer required; or 2. E-mail address to send future certificates of insurance in lieu of U.S. Mail delivery 3. Insured Code found in the Insured section on the enclosed certificate. An example of this code is XXXXXX-01 4. This Certificate Number; 707251761 To learn more about the Insurance and Risk Management Services offered by Gallagher, please visit us at www aja com/us/about-us/how-we-work/core-360. Gallagher does not share your e-mail as detailed in our privacy policy found at https://www.a�g.com/us/privacy-policv//. 1' of 22 5184