Loading...
HomeMy WebLinkAbout5922AGENDA BILL CITY OF BREMERTON 6H CITY COUNCIL SUBJECT: Tourism Promotion Services Study Session Date: January 9, 2019 Agreement with Visit Kitsap Peninsula COUNCIL MEETING Date: January16, 2019 Department: Finance Presenter: Melinda Monroe Phone: 1360) 473-5306 SUMMARY: The Lodging Tax Advisory Committee recommended lodging tax funds be granted to applicants in 2018 for 2019 funds. City Council approved recommendations at the Council Meeting held November 20, 2018. The Council adopted the 2019 budget with Ordinance No. 5360 which included the recommendations for the award of Lodging Tax Funds to Visit Kitsap Peninsula in the amount of $40,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $40,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with Visit Kitsap Peninsula in the amount of $40,000.00; 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 ❑ No Action Form Updated 01/02/2018 TOURISM PROMOTION SERVICES AGREEMENT Visit Kitsap Peninsula The City of Bremerton ("City") and Visit Kitsap Peninsula ("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. II. Term: This agreement shall commence on January 1, 2019 and shall continue in full force and effect until December 31, 2019 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Forty Thousand Dollars ($40,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. Payment will be released when the following has been fulfilled: a. The Organization shall submit monthly billing invoices, by the 15th of the month, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. b. The Organization will provide proof of insurance, agree to the use of Automate Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. a. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 10th , 2020 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Bremerton/VKP Page 1 of 4 IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 61h Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. BremertonNKP Page 2 of 4 The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Organization Address Patricia City Clerk Graf -Hoke 3456 Ih Street, Suite 100 9230 Bayshore Dr NW Ste 101 Bremerton, WA 98337 Silverdale, WA 98383 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Bremerton/VKP Page 3 of 4 I. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON W� By: eg Wheeler its: Mayor Date: 20 %9 Approved as to form: Bremerton -5 it'y A orney Bremerton/VKP VISIT KITSAP PENINSULA By: Patricia Graf -Hoke its: Director Date:—January 24, 2019 Page 4 of 4 EXHIBIT A Scope of Services A. The VKP maintains a dedicated page for the City of Bremerton with Quick Links, photos and content key attractions City of Bremerton, Bremerton Chamber of Commerce, Downtown Bremerton Association, Bremerton Parks, and many businesses, attractions and events happening throughout the year. www.VisitKitsap.comBremerton B. VKP provides free listings on the VKP website and free marketing support in paid print, digital and social media sales channels. Please refer to #2 and #3 in the application and see attached "Marketing Samples PDF" C. VKP provides year-round support for popular annual community and cultural events as noted #1 Lb of the application and as identified/requested by event organizers, businesses and non-profit groups that host events. D. VKP pays contact staff to research and automatically post Bremerton's events, attractions and activities on the VKP online Calendar of Events, VKP Blog, social media (Facebook, Instagram, Twitter) and in travel articles. E. Bremerton lodging establishments, attractions and events are automatically featured in numerous VKP visitor information/tourism brochures. Please see #4 of the application and "Marketing Samples PDF." Bremerton is featured in the VKP Visitor Guide & Bike Map with annual printing of 40,000. The guides are distributed on the WA State Ferries, 134 visitor information locations, REI, and local visitor information locations. F. Bremerton and businesses and attractions are featured on the newly expanded Kitsap Peninsula National Water Trails print guide, distributed on the WA state ferries, out -of -area locations, and on the KPNWT website. G. Bremerton businesses, attractions, organizations, and events are feature on dozens of pages on the VKP website including Things -To -Do, Lodging, Dining, Arts & Culture, Agritourism, Parks, Nature & Environment, Recreation, Water Activities, Boating, Transportation, and other sections and pages. Please refer to #2 in the application. H. The VKP helps to promote Bremerton venues on new VKP website targeting wedding, special occasions, private -public meetings. Venues include the Kitsap Conference Center, Baymont, Admiral Theater and other locations. I. Bremerton's location is always included on all VKP regional maps featured all online and in print marketing materials and promotion including custom maps, paid advertisements, brochures, trail and recreational maps, and other print and online materials that promote the Kitsap Peninsula region. Please refer to "Marketing Samples PDF" J. Information and literature about Bremerton is always included in packets mailed/emailed to event planners, as part of inquiry and relocation packets, and submitted to travel writers and publications. K. The VKP acts as a 24/7 -referral service for visitors and others seeking information about lodging, attractions, events, and businesses via online, mobile devices, in-person, and phone request. The VKP mails out nearly 400 packets each month in response to requests from prospective visitors around the region, USA and world. L. The VKP distributes information and literature about Bremerton's hotels, venues, and services at wedding, outdoor recreation events, and tradeshows. Page 1 of 1 Visit Kitsap Peninsula EXHIBIT B Payment Terms Payment will be released when the following has been fulfilled: 1) Direct Deposit (ACH Agreement) form, current W-9, and City Business License have been received. 2) Monthly Fund Reimbursement Request form with support has been received, by the 15th of the month following services performed. a) Follow the services outlined in your scope of work, include the funding reimbursement form (Form B.3.2019) incorporated into this contract via Exhibit B. 3) Please note that payment can be held up for the following: a) If a prior year award reporting is not submitted by March 1, 2019 via the attached reporting form. b) If required support documents are not received including: Automated Clearing House (ACH) Direct Deposit form, W-9, Copies of Receipts and Invoices for Reimbursement, and City Business license. Page 1 of 6 Visit Kitsap Peninsula EXHIBIT B Exhibit B FINANCE Acct* hrabio J"s Mookmen �or.br�oA++.�Rc1 �.n�on.aus 7w 360-473-5313 r., 36C+473—=GC 3~• 6t^, st. 54te 60C SM"*Ms WA 993 r" AUTHORIZATION AGREEMENT FOR ACH I hereby authorize the City of Bremerton to remit my fee via direct depose to my checking or savings account in the financial institution named below This authorization shall continue in effect until a written notice of cancellation is received by Financial Services. I understand that it is my responsibility to notify the City of Bremerton if 1 change banks or change account numbers. Business Name Bank Name Bank Routing Number Signature Email Address for Notification City of Bremerton Vendor Nurnber Please return the completed `orm tc: City of Bremerton Accounts Payable 345 8" Street Suite 100 Bremerton. WA 88337-1873 Account Number [-]Checking ❑Savings Date Page 2 of 6 Visit Kitsap Peninsula EXHIBIT B FCM W-9 Request for Taxpayer Give Form to the Pew -No"row2011 Identification Number and Certification requester. Dorvol -Sn' x111= to Goto www.Iapvv1Fonnw9 for Instructions and the latest ntomtatlan. send to the IRS. 1 Noma das sit "an yac WK=m Nx rabrrt. Name s ragaroc on Irm r x oc r cJ lava r, s rw oar . 2 B.arNss rAnlWdslragdrdod G" roma, If dafarem rrar. above "c 3 C'- a N oplxop lao box dor plod tea G1wrico 17n co 1w prion whom nwm ■ artaan all Im 1. C. Ixk only alp or IV4 4 [_wmp=tz 0Co6os appy M' to P' rulcw nq swan boxes ]azar amHaa not ndl.ldtda, sea c. 6 ❑ r.7 vdaat•wea pnppaor or ❑ C :aparueor ❑ s Caponaton ❑ Part-walo ❑-r.astA1, 1"atnlCiVYIS m pogo 3;c M 8 6 %1-9c T N-nw LLC: -carr¢ Payaa moo. !f arya Z1 ❑ t.mrlad 1=11trr txanpa-y,. Esta t,Lm - - t"r-aEn (C -C caporantr� S -S carorobm P-FWI: rztll: ► O 2 Not, •:hack tip tapproprrca T. In -h tv above for 1aa lva = hsartabDr, &" shglamamba error Do not track Bmrnptxn Worn FAt GA rapdrttlg « 1! L 1 [a0a If arY5 6 s'wf'gr LLL diet Is not deragaUad tam tin 7ellrla to 1:5. laQil3 mix - L lr•�owrs, a WqV. mamba LL C alta Is dtragamo War mo cwrar stluald ctvcm able apprWIMO box b tri tax CUzW1,-.+73Gr 71 ms owrror ❑ ^da r+aa t6inLd7nsy ► Jh++. r. sone rrr.•a area• 4.; a W s Add -a ryrbor stroat and nPL Y seta roil See n52fl+C ionL Sequesters na^a and oddrean RapIkmM 0 A Cry, sma enc EP Dodo 7 Lsl sxant axnba aX roam ppaloW T8XM r 1&nVBcabon Nlrnber (TIN) R tw you TIN Ir 1IN- appr,prate bar. The 'IN provk3e3 rrust TatoM the mane oven or. ''-Ine 1 to avob I social warty M—bor - 01 -= TSI ePr Yftf . Si_t'ag. For ator, f ls,die tris Is geerL., .your sodas! 52cllity rlr PWI (,later. FIX Over, rOf 2 re'5atlent aien. sale GrOPfklb3f, (H dl5fegardeo entity, see the InetruUidrlS for Pari I, later. FIX Otfler ercmles, it Is you enploW Klentimoatlon nLriber ION1. It yCY.I 60 not nave a mrriber, see H76'1`0 Qet a TIN latef. Nelle: I! Me account is In more Char. One- rare, see the :nstructons for lire aAc Se w,raar Name r,10 M.wber To Cale+ the Requester for gudelries ,cr1 whx5e ntrrber to ever. under pere:les a PEInLry. I Cern^: that 1. Thor amber b'aiywr or the lorm Is myoxrect taxpayer IOertmc at1.^,n rumC72r h:r I am waltng t0 -a rLinDe• to be IssuEC tome;: and 2. 1 am root subject to badkup 1 ErholOhg taeta se: raj I am exempt Rom t wxLr• wtrhtnding, or (b1 I have not been netted try the I-rtemal Flevenue Ser1'ICe It RS; that ; am 5LgW to bacKup wlrr*dlrg as a resLr of a tallade to report a[ merest or 0vlderd5. Of !,C !.rte PS rads nonmed rte ora[ am no brge! subject to batl0.$11Mthrolding: and 3. 1 on a u.S. critter Or Olydr u.S. person (clernea below,; a'Id d. The FATCA 0,036;51 entered or itis form Of aMA hAcaltin that arm exempl tom F.ATCA reoortirg 15 cob -est. Certmcatfon Instructions, Ya Trus cross Cd tem 2 wore r y+3L Wa Dwf mooted try me IPS ]tat YOU are %PSC try 5;njerx lc oackup wt11100-9 DeQBU5e yoi rave baled to ^epcf-. all merest and ovuenls or your lax retard. F?r ream, estate t-ansactbn3, men 2 Was no: apOly For mortgage hte est paU a::qL S*Dr Or a:.ardcnmemt of seared property, cancellaUcr 7I det•., co-rrbuta-ic It an hr h -mal WIre•nent arrang?l'nen DRA1, aro gene", payments ore, t -tan Inte est anc dweraes. you are nor. requred to sign the certificaarn, w. y -L T15I vtovkle y ;e- correct Til, See me I stnrtlbns for Pan II. later. a`ll^g-n I &" Woof of r1V18 US. person► IN" ► General Instructions Sec!bn rete ences are to irk' Inerral Fe'eerue CD3e Li less OtherMse lole3. Future deve"imeM. For the IF -est hfxrnabor about deveoprnerrs 'eate3'D -orT W-9 aha Its IfsruC'Si,115. sLon as Ieg'slatrfa emoted after trey were publsned, go to w»w.hs.gowFarrr; W5. Purpose of Form Ar nalvld ori or entity (Forth W-9 regjestert wtic rs rEqured !o mile an ntomaetton return WIM the IRS m.lsr oCralr )loar Dorno! taxpayer dentirlcallon nurnber (nM wncn may be your saga secul:l' rsin-cfee• .,SSN), Indvldual taxpayer Identfmcaaon number ITlhfi. adop$on Taxpayer berTalaeation nLrntw (ATIN, or enp"w IdenifloWID'a number (EIM,. to report on an Infornattor"rn tyle amort pau to you, or otter amount reportable on an InfXmtabor return. EfranpF?s Of IWDma:tin returns hdu3e, bat are not limited tic, the following • Form 1099-I%T (Interest eaaned or Paid: Visit Kitsap Peninsula Forton 1099 -DIV (dlVlderld5, InG..IOhd those fr r stocks or mj.ual VIEW . Form 1009-MISC ryarolus types Ct Income, prizes awards-. cf gross per) • Form 1099.6 (b OCC or Tuinal rurd sees an. certkn DIrtet trarrwilctore ay br0rersl rm • Fo1099-S (proceed^ from rex estate transwtk rrsl • Form tb99-IS jmerchan: ca^d a1d mite party network transattk:M.i • Form 1098 tTxxre morbgage'nWest;. 1 ✓ S -E {stolen! ban Irleres:l, 1099-T (Iultlor( • Form 1099�-C (Ce celed debt • Form x099-A(acgclsison -or aban3onmer, o1 secarea propertyl Use Fort W-9 only n you are a ,,.S. person pncuong a resl0?rr Bien), to provge yob CarW TIN. Ity2u 0,J not fedi. Form W-9 to Tae regatester Ai . a TN, you rwrC bes4ect ro oa'kuP »iM DAMg See'A"t�. Is bade wtthhDUIr)g (afer CAL N7. 10231x corm - ,nov. 11 2C1 rl Page 3 of 6 EXHIBIT B CITY OF BREMERTON LODGING TAX WORKSHEET The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year. Your organization received lodging tax funds for 2018. Please complete this forth and return to the City no later than March 1, 2019. if you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at (360) 473-5306 or by emai at Melinda.monroe@ci.bremerton.wa.us. Organization: Date: Completed By: Email: Telephone: ACTIVITY Activity Name Type Date Start ij h-ct t_- enter ..: Event/Festiva Facility Marketing a date End Cii6 here to enter Total Cost of Activity Attendeeswho traveled 50 miles or more to attend: ac ATTENDEE ESTIMATES Prniactad Achral Mathimid iinav Nntac/Frnlanatinn PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2019 Please return to Melinda Monroe of mefinda_monroetDci.bremerton.wa_us orfax (364) 473-3200. Page 4 of 6 Visit Kitsap Peninsula Choo Overall .Attendance kern- temAttendees Attendeeswho traveled 50 miles or more to attend: Choose an Tota it e Of Tota , attendees who Ch-, traveled from another state item. or country Attendees who stayed overnight: Paid accommodations CI an it< Ch_ Unpaid accommodations item. Choose ar, Paid Lodging nights item_ PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2019 Please return to Melinda Monroe of mefinda_monroetDci.bremerton.wa_us orfax (364) 473-3200. Page 4 of 6 Visit Kitsap Peninsula EXHIBIT B CITY OF BREMERTON LIDDING TAX FUND REIMBURSEMENT REQUEST FORM - Date —_ Ccrtract No—� Total Award A•nount Orpnitation Name Maving address Contact Name: Phone: emai': Date of Service I Event/program Title Please I= You erxnses oeloa attaco copes & match rig rem pts. 1• more spam Is naeoed Picric jse PaW 2 Tota' Request: Tourism Funding Recipient Name (printed). Tourism Funding Recipient Signature: Date: -I certty urdw PC -a ty of PerWrv. the ntdm•atior contalred Ir this request for re mbursemert is the and roTert, I am slCnr2ed td ce'ttIV and sub mIt' Is ^¢Guest, and amrequestlno rembursemert of money I actual y spend for th¢ pmleci or *Penn as descitte it the aopllcat on a td cortrart with the Chy of Brame -tor Please return form along with toples of supponirg mvolces ani receipts to: City of Bremerton Cantracts Administrator 346 6th Street, STE 100 Brernerton, WA 9933)-18)3 Foam B.3 2019 Page 1 Page 5 of 6 Visit Kitsap Peninsula EXHIBIT B CITY OF BREM ERTON LIDDING TAX FUND REIMBURSEMENT REQUEST FORM Date Contra." No. 0 Organization Name Pease hst your expenses below - attach copies of matching receipts. Foam 6.3 2015 Pale 2 Page 6 of 6 Visit Kitsap Peninsula ACORO0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) TYPE OF INSURANCE 2/7/2019 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 Liberty Mutual Insurance PO Box 188065 Fairfield, OH 45018 NAMEACT PHONE $00-962-7132 NC No): 800-845-3666 E-MAIL ADDRESS: BusinessService Libert Mutual.com INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $ 1,0 0 0006' INSURER A: Ohio Casualty Insurance Company 24074 MED EXP (Any one person) $15,000 INSURED Visit Kitsap Peninsula 9230 Bayshore Dr NW Ste 101 Silverdale WA 98383 INSURER B: American Fire and Casualty Company 24066 INSURERC: INSURER D: \ INSURER E $ Ir INSURER F: AUTOMOBILE ✓ COVERAGES CERTIFICATE NUMBER: 46952373 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. INSIR LTR TYPE OF INSURANCE INSD WVD SUER POLICY NUMBER MM DDPOLICY/YYYY POLICY EXP MM DD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE CUR ✓ BK057678082 3/10/2019 3/10/2020 EACH OCCURRENCE $ 1,0 0 0006' DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ✓ POLICY ECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 $ B AUTOMOBILE ✓ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY BAA57678082 3/10/2019 3/10/2020 COMBINED SINGLE LIMIT $ Ea accident 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ UMBRELLA LAB EXCESS LIAB HCLAIMS-MADE OCCUR FEB EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A ItY Of Brem Risk Mana g port men PER OTH- STATUTE ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Bremerton is Additional Lured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision. CERTIFICATE HOLDER CANCELLATION City of Bremerton y Attn: Risk Manager 345 6th Street, Suite 600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98337 AUTHORIZED REPRESENTATIVE Michelle Samadzada U� /yr' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 46952373 1 57678082 1 19-20 (Revised Name) Master Certificate I Michelle Samadzada 1 2/7/2019 9:25:37 AM (CST) I Page 1 of 9 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 ,,,,PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 46952373 1 57678082 1 19-20 (Revised Na—) Master Certificate I Michelle Samadzada 1 2/7/2019 9:25:37 AM (CST) I Page 2 of 9 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property 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, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 46952373 157678082 119-20 (Revised Name) Master Certificate I Michelle Samadzada 12/7/2019 9:25:37 AM (CST) I Page 3 of 9 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph 6. under 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: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.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, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is 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. 2. Paragraph 1.d. is replaced by the following: 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 actual loss of earnings up to $500 a day because of time off from work. G. _ jADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT Paragraph 2. under Section II —Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 46952373 157678082 119-20 (Revised Name) Master Certificate I Michelle Samad—da 12/7/2019 9:25:37 AM (CST) I Page 4 of 9 b. Premises or facilities rented by you or used by you; or The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 46952373 1 57678082 1 19-20 (Revised Name) Master Certificate I Michelle Samadzada 1 2/7/2019 9:25:37 AM (CST) I Page 5 of 9 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings 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 the failure to render, any professional architectural, engineering or surveying services. "Bodily injury" or "property damage" occurring after (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 46952373 157678082 119-20 (Revised Name) Master Certificate I Michelle Samadzada 12/7/2019 9:25:37 AM (CST) I Page 6 of 9 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under this insurance to us; b. Tender the defense and indemnity of any claim or "suit' to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 Of 8 46952373 1 57678082 1 19-20 (Revised Name) Master Certificate I Michelle Samadzada 1 2/7/2019 9:25:37 AM (CST) I Page 7 of 9 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury' or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain 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 the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 Of 8 46952373 157678082 1 19-20 (Revised Name) Master Certificate I Michelle Samadzada 1 2/7/2019 9:25:37 AM (CST) I Page 8 of 9 P. EXTENDED PROPERTY DAMAGE Exclusion a. of 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US —WHEN REQUIRED INA '--'CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 46952373 157678082 119-20 (Revised Name) Master Certificate I Michelle Samadzada 12/7/2019 9:25:37 AM (CST) I Page 9 of 9