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AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6G SUBJECT: Tourism Promotion Services Study Session Date: January_9, 2019_ Agreement with Bremerton Chamber of COUNCIL MEETING Date: January 16, 2019 Commerce Department: Finance Presenter: Melinda Monroe Phone: 53601 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 the Chamber of Commerce in the amount of $30,000.00. ATTACHMENTS: Tourism Promotion Services Agreement FISCAL IMPACTS (Include Budgeted Amount): $30,000.00 of the total $829,000 budgeted in the Lodging Tax Fund for 2019 STUDY SESSION AGENDA. ® Limited Presentation O Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Tourism Promotion Services Agreement with the City of Bremerton Chamber of Commerce in the amount of $30,000.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action TOURISM PROMOTION SERVICES AGREEMENT Bremerton Historic Ships Association The City of Bremerton ("City") and Bremerton Historic Ships Association("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 Seventy Thousand Dollars ($70,000.00) 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 following the end of the quarter in which services were performed, 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 Automated 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/BHSA Page 1 of 6 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 6a` 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. Bremerton/BHSA Page 2 of 6 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 City Clerk John Hanson 345 6th Street, Suite 100 300 Washington Beach Avenue Bremerton, WA 98337 Bremerton, WA 98337 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/BHSA Page 3 of 6 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 BREMERTON HISTORIC SHIPS VJ By: G Wheeler its: Manor Date: -7- 1 i+A `1-0 Approved as to form: Bremerton C Attorney t Bremerton/BHSA ASSOCIATION I �� Page 4 of 6 EXHIBIT A Scope of Services ITEM PR DESCRIPTION BUDG IMELINE 1. 1 Print and distribute new USS Turner $25 0 The additional pamphlets Joy marketing pamphlets. Expand to current distribution to all Ferries. 0 be printed in spring 2019. Printing 175,000 pamphlets cost 15The current distribution $5000, expansion to all ferries adds will $4,000 to last year's totals. renew March 2019. Distribution costs $14,000 Ferry TV ads BI/Brem , $2,000 2. 1 Seattle Premier $4,600 Dues paid at beginning of Attractions. Membership to each year. Currently consortium as only West Sound located on attraction in group. Featured as an seattleattractions.com attraction in SPA full-color rack card brochure distributed all over PacNW plus SPA website. 3. 1 Memberships to Seattle Visitors $1,200 April and October 2019 Bureau's & Concierge Trade Shows (Spring, Fall 4. 1 Television commercials and Media $20,000 First ads began running ad buys (King 5, KOMO 4, Q13). late Brand new TV commercials May of this year. produced by BHSA and one Currently additional commercial featuring running alternating Bremerton as destination produced week/months by Q13 as part of 2018 ad purchase. 2019 will feature new commercials and begin in late spring. 2 US Tavel IPW, Anaheim California $4,500 May 2019 Largest Tourism travel show in the w 1 travel and lodging will be paid by B written report with contacts will prove he City of r Bremerton and Kitsap Confer Center. Additional funds are provided by Port of Seattle and a Puget Sound Attractions Council to significantly reduce cost (normally $9,500 6. 2 Iceland Air Mid -Atlantic tradeshow. $3,500 January 2019 ALL Travel expenses will be paid by BHSA. Lodging tax funds will only be used to pay for the booth Bremerton/BHSA Page 5 of 6 Bremerton/BHSA Page 6 of 6 registration. 7. 2 Social media and marketing assistant $2,500 May 2019 art time during high tourism season. 8. 2 Marketing and Membership software $8,000 January 2019 for management of outreach and promotion. Blackbaud AllTru software is the Number 1 non-profit Enterprise solution for marketing management. It is used very effectively by Seattle Children's Museum and USS Midway. 9. 2 Reunion network promotion. The $2,000 January 2019 funds will be used to advertise to "Tin Can Sailors" and former shipmates. This campaign is in conjunction with Seattle Southside Tourism Authority Military reunions. 10. 2 Visit Seattle Visitor guide envelope $3,000 January 2019 mailers. 35,000 visitor guides are mailed by Visit Seattle annually. USS Turner Joy brochure would be included in the mailing. This campaign focuses entirely on out of state tourists. 11. 2 Attract China — translates all USS $1,200 January 2019 Turner Joy and City of Bremerton materials to Chinese language and post on social media sites in China (e.g. Baidu (google), renen.com facebook , weibo.com (twitter)). 12. 2 Highway and Boardwalk signage. $800 Spring 2019 Washington State DOT requires annual fees and maintenance for signage along Highway 3 and 16. 13. 3 Google Ad Words $500 Throughout 2019 14. 3 Social Media $1,000 Facebook advertising to improve traffic and impressions. January 2019 15. 3 Hampton Inn in-room advertising $100 Summer 2019 16. 3 Hootsuite and Constant Contact to $1,100 January 2019 distribute newsletter and "push" social media to Twitter, Facebook, Pinterest and Instagram. Bremerton/BHSA Page 6 of 6 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 after the quarter 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 I6 Bremerton/BHSA EXHIBIT B Exhibit B jug, FIKA JOCK AccowAb 7r 3fi0-4731313 P- 3 -5D473 --'M W 6M SL. Sul e 6m n Erew71m. WA Z37 AUTHORIZATION AGREEMENT FOR ACH I hereby authorize the City of Bremerton to remit my fee via direct deposit to my checking or savings account in the financial institution named below. This authorization rvishall continue in effect until a written notice of canoellation is received by Financial Seces. I understand that it is my responsibility to notify the City of Bremerton rf I change banks or change account numbers. BusHYess Name Bank Name Bank Routing Number Signature E-mail Address for Notification City of Bremerton Vendor Number Please return the completed form to: City of Bremerton Accounts Payable 345 B!" Street Suite 100 Bremerton, WA 98337-1873 Bremerton/BHSA Account Number ❑Checking [-]Savings Date Page 216 EXHIBIT B CITY OF BREMERTON LODING TAX FUND REIMBURSEMENT REQUEST FORM Date Contract No. Total Award Amount Organization Name Mailing address Contact Name :Phone: email: Date of Service Event/Program Title Please Vat yon eaoenses below attaGn oois s a• matdWI$ iacapSL It mos space is M*dad phase use PW 7 Total Request: Tounsm Funding Recipient Name (printed): Tourism Funding Recipient Signature: Date: 'I certfy uror ptnaly at perjury, the Infomsatkon contained In this request for ra-mburserneAt is V" and Correct: I am a rtnortmd to oertdy AM subm-t t1l & eq."t, an4 I am raqucting nein bursament of money I attua W spend for the project or event as desullsed in the appllcals n and contract with to city of Brarnerton. Please return form along with copies of supporting invoices and receipts to: City of Bremerton Contracts Admmistratw 346 6th Street, STE 100 Bremerton, WA 983371873 Form 832019 Page 1 Bremerton/BHSA Page 316 EXHIBIT B CITY OF BREMERTON LODiNG TAX FUND REIMBURSEMENT REQUEST FORM I�jj Oate 01 Contract No. Organization Name Please list your expenses below - attach copies of matching receipts. Form 8.3 2019 Page 2 Bremerton/BHSA Page 416 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 form and return to the City no later than March t 2019. tf you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at (360) 473-5306 or try email at Melinda.monroe@ci.bremerton.wa.us. Organizadon: Date: Completed By: Email: Telephone: ACTIVITY Activity Name Type Date Start h_l: here tk, er:ter Event/Festival _ Facility Marketing Marketing a date. End Click here to enter Total Cost of Activity date. ATTENDEE ESTIMATES pnoiecIted Act"1111111111111116aev Notes/Exuianation L1 PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2019 Please return to Melinda Monroe at meibxk.monroe@d_bremerioa_wa_us or fmr (360) 473-5200. Page 516 Bremerton/BHSA Choose an Overall Attendance itern. Attendees who traveled 50 miles or more to attend: Choose an Total item. Of Total, attendees who Choose an traveled from another state item. or country Attendees who stayed overnight: Choose an Paid accommodations item - Choose an Unpaid accommodations item. Choose an Paid Lodging nights item. L1 PLEASE RETURN COMPLETED WORKSHEET BY MARCH 1, 2019 Please return to Melinda Monroe at meibxk.monroe@d_bremerioa_wa_us or fmr (360) 473-5200. Page 516 Bremerton/BHSA EXHIBIT B W-9 Request for Taxpayer Give Foam to the Faun P". Npwi,pa 2017) Identification Number and Certification rayuester. Do not Caprtmar% of m; -ravy nfarffl Rawwe, Service, 11, Go In vww.&xgoY/Farm W8 IQ Instmabrls aid 111e liffCest tltof niabon. send to the IRS. I Norm (m horn an yCir income max wenn". Nm n rcgWatl a1 ass tier. ck: not kat tss erla bftnL Y sietoaaa nwrk 4dlraqordm alaity risme. 1 Marv" tram avow 8 Clack approprWo hoer ter laderi tax ebsn/tatlm d to Fw2on rhos; roma is aroa ed w Wo 1. Chock a" err of ro 4 EromPWris (Come apply"b bbwng sawn to a oonm anraar, riot rxiftic uoK sera CL b ❑ C corEl S L1 Porklarslw ❑ Tnll a [Itwwo,.vaua or porsm sl6trtrllloru Ori Pasta sF Y proprleror zogo- 1kDer LLC 1frR�t Peryea .btl; t O(fy`j ❑ Ltmrd rosy ounpaq. Enter role Iat ieerYerfon IC{ oorpmoWr, 3-6 mpaanon. P -Panne e" ■ O 2 Msec Qroek RW q p *prWa bn In tfna dna sbew tar lho 1•¢ clmlftason of to; sngWo- ber oww. bo rnd MUCK Easmpilon tom FATCA ropottng t! t LLC r Me LLC in clam id as a sKJsmersber LLC tri K deneyerGaG tom tier owner "m RID owner Of Ria LLC Is lax Otharlsa. LLC t coda fir an19 9L starer. rrownb not rdad kern lila owner for U8. kederi pos;s. s starer ut rcibar LLC soot b � I vp 2 15 aff2gleWd COT, 1M owner OMW UN els "Vaprlia bOk ter CID bSK Cl &MOODI fl Of tS Onrler. ❑ Osier 0"ingrucio I- 01nrr.m®i-awwoosus" a} 5 AdM= "sanba. strait, end apt or gar no.) Soo ki'.iiCeufi Raginatar•s norno W4 addraa pllklory 0 a :.ty, stain and 21P Dodo 7 La aocanl come e nere,'.,OPtlererl) Tw jdenti6cabm Mttlnber MM Enter your TIN In the approprlate roc. The TIN proWded must matcn time nsme g?m on line 1 to avoid soar aa -or" sooner p For {SStej, However, fora uals, this Is genesis your soder sectrlry for Part resldent ales. Sdie proprlabor. or dl5regarded entity, see the Ifi611IlLCRafftS for Part I. lamer. For other resident agen, sole proprietor. � - � - wrtles, It Is You employer ldermlmcallon number (BM. It you do not have a number, see Now to stab a TIN. later. OF Note: m the aocourt Is In more than one name, see the tnsbuctlms for site 1. Also see W7W Name and C Morn To Gfw rite Requester for gUdelnes on wlmse number to enter. F— pectis" of Perluy. I certry Mat 1. The number shown an this form Is my correct taxpayer WeftlmCatbn mintier (or I am waving for a nurter in be Issuetl to mej: aria 2. 1 am not subject to bm=V wRltloldng beCauee: (a) I am exempt Inn badkp yNtlnokai mg, or (b) I have not been Mitred by the Internal Reveme Service OAS) that I am 9LA*ct to backup wltrYmddrl9 as a ri" of a falkse tb report a1 trltarest or dividends, or (c) trte IRS nas noned me alert am no longer 914ect to W!C kp Wrlhrl3lalrlg; and 3. 1 am a U.S. dozen or ovw U -S. pefsm (aefned below); and 4. The FATCA Odde(s) entered on tits form Of any) nt"rig that I am exempt loom FATCA feporting Is cortect. CvUicalton Instructlans, You Tia cross ort Rem 2 abm a you have been WdW by the IRS that you are currently subject to backup wlthnoldrg because you have railed to report all Interest and W Wends on you tax return. For reel astale transactions, Ram 2 does not appy. For mortgage Merest paid, acquisitor or abandonment of seared property. cancelliatlon of debt, cortatlutlons to an nuvldual retirement arrangernert ORA), and generally, payrnertts oVw Tran Interest ai H1 dMderta5, you we not required to 81 1 the rS.ftMcatIm but you MM pub" your Correct TIN. Slee the Instructions tar Part 11, {def. avn Sproat of Hem US. porsonr OEM 0. General instructions Section references are to the Intern& Revenue Cade unless cidw ftse noted. FUtua developrtterilts. For the latest nADnnation about dev&oprtertts related to Form W-9 and Its instrUcons, sudor as eglslatlon enacted after trey were publsned. go to wwwvr-n-gov1FormW9- Purpose of Form An lnalyWal or ef1Tlty (Forth W-9 requester) wmo is reguirea to nue an lntormat on return Nfth ins IRS must obtain you correct taxpayer Identification number (TIM) vrtrcn may be your social security nurmbef (SWI IMOMOR" taxpayer Identification number ([TIM. adopmon tali W Iaermmcallon number (ATIM, or employer Idem111catim numaef (EMM, to report on an Information return We amain paid to you, or other amore[ mportabbe on an lnlortttallon return Examples of Inlorrnabon returs Include, It are not Anthea to, the following. • Forth 1099 -INT Oriterest samea or paid) t�i'�G%CD3 Bremerton/BHSA . Form 1099 -DIY (CEWaerlds, VX -"rig Close horn Stocks Or rmxlalal flrlds) • Farm I099-MISC (vattats types of lrCOme, pries. awards. or Boss pry) . Farm 1099-6 (stodu or mtmrei fund sales arta certain other transactions by brokers) • Form to09-S (proceeas from real estate transactions) • Form 1099-K (merCtlant Cara aux] third party n8IVrrK trarGaCt10(i5) • rm Fo1098 (tame mge ortgautteresr4. 1 tr98-E (student Kmart Inleresq, 1098-T(Ulbdfy • Form 1099 (Gwkx*d tett) • Form 1099-A(acqulWDW or abar"Ment of %wired property) Use Form W-9 only It you are a U.S. person (Inlc x" a resident all", to pro" ybur correct TIN. ff you Co not reYm Form W-9 to the requester w1M a 71111, you algin be UIDJed to ba XW WWr4iding. See Vlhat Is backup Wllhnolding. war Forrn 1A -b Imo- 11.201 r) Page 616 A` CERTIFICATE OF LIABILITY INSURANCE DATE TYPEOFIVSUA"CE ADD THIS CERTIFICATEIS 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 52 SSA IL7842 NAME: BELL ANDERSON AGENCY INC/PHS PHO (WCNo,E#): (866) 467-8730 FAX (888) 443-6112 88r1�0142 P: (866) 467-8730 F: (888) 443-6112 0�: PO BOX 33015 INSURERS) AFFORDING COVERAGE CN SAN ANTONIO TX 78265 INSURERA: Sentinel Ins CO LTD M PERSONAL & ADV INJURY s2,000,000 WSURED INSURER 8 PRODUCTS - COMPIOP AGG s4, 000, O CitY of Dremerton A INSURER C `1SIc.Nfara0 em4 BREMERTON CHAMBER OF COMMERCE INSURER Dc 28p6 4TH ST INSURER E: BREMERTON WA 98337 INSURER F: GVVtKA1jt5 CEKIIFICATE NUMBER: REVISION NUMBER_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rasa tTRDly-n- TYPEOFIVSUA"CE ADD SCRA PYILICYNUbfBER POLWYEFF P0L(CYECP rrAnn A COMMERCIAL GENERAL LABILITY CLAIMS -MADE OCCUR X General Liab 52 SSA IL7842 05/16/2018 IV 0 16/2019 EACH OCCURRENCE s2, 000, O O PREMISESAMAGETOoccurrence $L0001000 MED EXP (Any one person) $101 000 PERSONAL & ADV INJURY s2,000,000 GEMLAGGREGATE LIMIT APPLIES PER PRC,- FX_] LOC POLICYE] JECT OTHER GENERAL AGGREGATE s4,000,000 PRODUCTS - COMPIOP AGG s4, 000, O $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 52 SEA IL7842 05/16/2018 05/16/2019 COMBINED SINGLE LIMIT (Ea accident) s2,000,000 BODILY INJURY (Per Perron) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ S UMBRELLALJAB EXCESS LL%B OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ D RETENTION $ r W0AAX CX1A(PEVSAT1&N A1 DEAfP40YELrIX46 LRT ANY PROPRIE70RIPARTNERIEXECUTIVe(M$ OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) ❑ yes, describe under DESCRIPTION OF OPERATIONS below Ww PER OT" - STATUTE I ER E.L EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICPMRD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations_ GtKIR-11LAIt HUWtK CANCFI 1 ATIAN (0 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 City of Bremerton BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 345 6TH ST STE 100 AUTHORIZED REPRESENTATIVE 1117 — t- BREMERTON, WA 98337 (0 1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A Ro CERTIFICATE OF LIABILITY INSURANCE IDC F3726/2D018 THIS CERTIFICATEIS 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(les) 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 BELL ANDERSON AGENCY INC/PHS 810142 P: (866) 467-8730 F: (888) 443-6112 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT NAME: (A//Co,"IJ.EA): (866) 467-8730 aC,No): (888) 443-6112 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Sentinel Ins Co LTD 11000 INSURED BREMERTON CHAMBER OF COMMERCE 286 4TH ST BREMERTON WA 98337 INSURER B : INSURER C : INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICYEFF (MM/DD/YYYY) POLICYEXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 000 7 171 CLAIMS -MADE OCCUR DAMAGE TO RENTED $1 000, 000 PREMISES (Ea occurrence) I X MED EXP(Any one person) $10,000 A X General Liab 52 SBA IL7842 05/16/2018 05/16/2019 PERSONAL & ADV INJURY s2,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000, 000 POLICY a ECT ❑X LOC PRODUCTS -COMP/OP AGG s4,000, 000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s2,000,000 (Ea accident) BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 52 SBA IL7842 05/16/2018 05/16/2019 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION ANDEMPLOYERS'LLIBILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN PER OTH- STATUTE ER E.L. EACH ACCIDENT. $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A EMP STPGP LMTD 52 SBA IL7842 05/16/2018 05/16/2019 $1,000,000/1,000,000/1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION ©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 City of Bremerton BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 345 6TH ST STE 100�trioOt1ir_� AUTHORIZED REPRESENTATIVE BREMERTON, WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 52 SBA IL7842 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON -ORGANIZATION CITY OF BREMERTON CITY CLERK 345 6TH STREET SUITE 100 BREMERTON, WA 98337 Form IH 12 00 11 85 T SEQ. NO. 002 Printed in U.S.A. Page 001 Process Date: 03/22/18 Expiration Date: 05/16/19 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 © 2001, The Hartford QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 1 Professional Services Coverages 2 Incidental Malpractice Coverage 2 Coverage Extension - Supplementary Payments 3 B. EXCLUSIONS 4 C. WHO IS AN INSURED s D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 12 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 13 1. Bankruptcy 13 2. Duties in The Event of Occurrence, Claim or Suit 13 3. Financial Responsibility Laws 14 4. Legal Action Against Us 14 5. Separation of Insureds 14 6. Unintentional Failure To Disclose Hazards 14 7. Other Insurance — Primary Additional Insured 14 F. OPTIONAL COVERAGES 15 Additional Insureds 15 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 17 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock insurance company member of THE HARTFORD providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. In consideration of the payment of the premium when due, and: a. In reliance upon the statements made in the Declarations; and b. Subject to the Limits Of Insurance, Exclusions, Definitions, Conditions and all other terms of this policy, including those modified, replaced by or added by endorsements we issue forming a part of this policy, we agree with you as follows: A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies to: (1) "Bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; and (b) The "bodily injury" or "property damage" occurs during the policy period. (2) "Personal and advertising injury" caused by an offense arising out of your business, but only if the offense is committed in the "coverage territory" during the policy period. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily i nj u ry". MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or Form SS 00 08 04 01 Page 1 of 20 © 2001, The Hartford BUSINESS LIABILITY COVERAGE FORM (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. PROFESSIONAL SERVICES COVERAGES When your operations include: a. Optical or hearing aid establishments, Exclusion j. (7) in Section B. - EXCLUSIONS does not apply. b. Retail druggist or drugstore, Exclusion j. (10) in Section B. - EXCLUSIONS does not apply. c. Funeral director or funeral parlors, the following professional services coverage is added: (1) The Business Liability Coverage applies to damages arising out of professional services by you or your "employees" in the course of your mortician or funeral parlor business. Subject to the Limits of Insurance stated in Section D. of this form, we will pay on behalf of the insured those sums that the insured becomes legally obligated to pay as damages for "bodily injury" including mental anguish, and "property damage" because of any: (a) Professional malpractice, error or omission in the (i) Removal; Handling; (iii) Disposition; (iv) Cremation; (v) Burial; (vi) Embalming; or (vii) Disinterment, of any "deceased human body"; (viii)Conduct of any memorial service even though no "deceased human body" actually be present; and (ix) Injury to, destruction of or interference with the right of burial of a "deceased human body". (b) Professional service by any insured as a member of a: (i) Formal accreditation board; or (ii) A similar professional board or committee. (2) This insurance also applies to damages for "property damage" caused by an 'occurrence" to: (a) Urns; (b) Caskets, linings or fittings; (c) Casket cases; (d) Crypts or mausoleums; or (e) Other facilities belonging to others that are in the care, custody or control of the insured and used for the purpose of burying or caring for a "deceased human body". (3) Only Exclusions d., e., f. and k. in Section B. - EXCLUSIONS apply to this coverage. (4) Additional Definition "Deceased human body" includes any part of a human body severed therefrom and ashes of a deceased human body after legal cremation. 4. INCIDENTAL MALPRACTICE COVERAGE a. The definition of "bodily injury" in Section G. - LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include injury arising out of the rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services. Page 2 of 20 Form SS 00 08 04 01 b. Paragraph 2.a.(1)(d) in Section C. - WHO IS AN INSURED does not apply to nurses, emergency medical technicians or paramedics referred to in a. above. c. Paragraph (1) of Exclusion e. in Section B. - EXCLUSIONS does not apply to injury to the emotions or reputation of a person arising out of such services. This Incidental Malpractice Coverage does not apply if you are engaged in the business or occupation of providing any services referred to in a. above. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim or "suit' we investigate or settle, or any "suit' against an insured we defend: a. All expenses we incur. b. Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. 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 of the claim or defense of the "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All costs taxed against the insured in the "suit". f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under a. through g. above will not reduce the Limits of Insurance. 2. If we defend an insured against a "suit' and an indemnitee of the insured is also named as a party to the "suit', we will defend that indemnitee if all of the following conditions are met: BUSINESS LIABILITY COVERAGE FORM a. The "suit' against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract'; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit' and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit' and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit'; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit'; and (b) Conduct and control the defense of the indemnitee in such "suit'. So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Form SS 00 08 04 01 Page 3 of 20 BUSINESS LIABILITY COVERAGE FORM Not withstanding the provisions of paragraph 1.b.(b) of Section B. — EXCLUSIONS, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in paragraph f. above, are no longer met. B. EXCLUSIONS Applicable to Business Liability Coverage This insurance does not apply to: a. Expected or Intended Injury (1) "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; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage'; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for an indemnitee are deemed to be damages because of "bodily injury" or "property damage" provided: (i) Liability to such indemnitee for, or for the cost of, that indemnitee's defense has also been assumed in the same "insured contract", and (ii) Such attorney fees and litigation expenses are for defense of that indemnitee against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or Page 4 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (2) The spouse, child, parent, brother or (b) At or from any premises, site or sister of that "employee" as a location which is or was at any consequence of (1) above. time used by or for any insured or This exclusion applies: others for the handling, storage, disposal, processing or treatment 1 Whether the insured may be liable as () y of waste; an employer or in any other capacity; and (c) Which are or were at any time transported, handled, stored, (2) To any obligation to share damages treated, disposed of, or processed with or repay someone else who must as waste by or for: pay damages because of the injury. (i) Any insured; or This exclusion does not apply to liability assumed by the insured under an "insured (ii) Any person or organization for contract". whom you may be legally responsible; or f. Pollution (d) At or from any premises, site or 'Bodily injury", "property damage" or (1) y iry p p y g "personal location on which any insured or " and advertising injury" any contractors or subcontractors arising out of the actual, alleged or working directly or indirectly on threatened discharge, dispersal, any insured's behalf are seepage, migration, release or escape performing operations if the of "pollutants": "pollutants" are brought on or to (a) At or from any premises, site or the premises, site or location in location which is or was at any connection with such operations time owned or occupied by, or by such insured, contractor or rented or loaned to any insured. subcontractor. However, this However, this subparagraph does subparagraph does not apply to: not apply to: (i) "Bodily injury" or "property (i) "Bodily injury" if sustained damage" arising out of the within a building and caused escape of fuels, lubricants or by smoke, fumes, vapor or other operating fluids which soot from equipment used to are needed to perform the heat that building; normal electrical, hydraulic or (ii) Bodily injuryor property mechanical functions damage" for which you may necessary for the operation of be held liable, if you area "mobile equipment" or its contractor and the owner or parts, if such fuels, lubricants lessee of such premises, site or other operating fluids or location has been added to escape from a vehicle part your policy as an additional designed to hold, store or insured with respect to your receive them. This exception ongoing operations performed does not apply if the "bodily "property for that additional insured at injury" or damage" that premises, site or location arises out of the intentional and such premises, site or discharge, dispersal or location is not and never was release of the fuels, lubricants owned or occupied by, or or other operating fluids, or if rented or loaned to, any such fuels, lubricants or other insured, other than that operating fluids are brought on additional insured; or or to the premises, site or location with the intent that (iii) "Bodily injury" or "property they be discharged, dispersed damage" arising out of heat, or released as part of the smoke or fumes from a operations being performed by "hostile fire"; such insured, contractor or subcontractor; Form SS 00 08 04 01 Page 5 of 20 BUSINESS LIABILITY COVERAGE FORM (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) 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 (b) 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". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) An aircraft that is: (a) Hired, chartered or loaned with a paid crew; but (b) Not owned by any insured; (2) A watercraft while ashore on premises you own or rent; or (3) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge. This provision (3) applies to any person who, with your expressed or implied consent either uses or is responsible for use of a watercraft. Provisions under paragraphs (1) and (3) of this Exclusion g. do not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under those provisions, whether the other insurance is primary, excess, contingent or on any other basis. In that case, provisions (1) and (3) above do not provide any insurance. (4) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (5) Liability assumed under any "insured contract" for the ownership, maintenance, or use of aircraft or watercraft; or (6) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraphs f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment Page 6 of 20 Form SS 00 08 04 01 "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. War "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incidental to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" due to the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services or treatment; (5) Any health service or treatment; (6) Any cosmetic or tonsorial service or treatment; (7) Optical or hearing aid services including prescribing, preparation, fitting, demonstration, or distribution of ophthalmic products or hearing aid devices; (8) Optometric services including but not limited to examination of the eyes and prescribing of ophthalmic lenses and exercises; (9) Ear piercing services; (10) Services in the practice of pharmacy. (11) Computer consulting, design or programming services, including web site design. BUSINESS LIABILITY COVERAGE FORM Paragraphs (4) and (5) of this exclusion do not apply to Incidental Malpractice coverage afforded under paragraph 4. in Section A. - COVERAGE. k. Damage to Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in care, custody or control of the insured; (5) That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) 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 D. - LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Form SS 00 08 04 01 Page 7 of 20 BUSINESS LIABILITY COVERAGE FORM Paragraph (6) of this exclusion does not (2) Arising out of oral, written or electronic apply to "property damage" included in the publication of material whose first "products -completed operations hazard". publication took place before the I. Damage to Your Product beginning of the policy period; "Property damage" to "your product" (3) Arising out of a criminal act committed arising out of it or any part of it. by or at the direction of the insured; m. Damage to Your Work (4) Arising out of any breach of contract, except an implied contract to use "Property damage" to "your work" arising another's "advertising idea" in your out of it or any part of it and included in the "advertisement; "products -completed operations hazard". This exclusion does not apply if the (5) Arising out of the failure of goods, damaged work or the work out of which products or services to conform with the damage arises was performed on your any statement of quality or behalf by a subcontractor. performance made in your "advertisement"; n. Damage to Impaired Property Or Property Not Physically Injured (6) Arising out of the wrong description of the price of goods, products or "Property damage" to "impaired property" services; or property that has not been physically injured, arising out of: (7) Arising out of any violation of any intellectual property rights, such as (1) A defect, deficiency, inadequacy or patent, trademark, trade name, trade dangerous condition in "your product" secret, service mark or other or "your work"; or designation of origin or authenticity. (2) A delay or failure by you or anyone However, this exclusion does not acting on your behalf to perform a apply to infringement, in your contract or agreement in accordance "advertisement", of with its terms. (a) Copyright; This exclusion does not apply to the loss of use of other property arising out of (b) Slogan, unless the slogan is also a sudden and accidental physical injury to trademark, trade name, service "your product" or "your work" after it has mark or other designation of origin been put to its intended use. or authenticity; or o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, LIABILITY AND MEDICAL deficiency, inadequacy or dangerous EXPENSES DEFINITIONS. condition in it. For the purposes of this exclusion, p. "Personal and Advertising Injury": placing an "advertisement" for or linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of its falsity; Page 8 of 20 Form SS 00 08 04 01 (9) Arising out of an electronic chat room or bulletin board you host, own, or over which you exercise control; (10) Arising out of the unauthorized use of another's name or product in your e- mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers; (11) Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12) Arising out of: (a) An "advertisement" for others on your web site; (b) Placing a link to a web site of others on your web site; or (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; (13) Arising out of a violation of any anti- trust law; or (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities. Exclusions c. through i., k., I., m. and n. do not apply to damage by fire, lightning or explosion to premises rented to you. A separate Limit of Insurance applies to this coverage as described in Section D. - LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. 2. Applicable to Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. BUSINESS LIABILITY COVERAGE FORM d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. h. War Due to war, whether or not declared, or any act or condition incidental to war. War includes civil war, insurrection, rebellion or revolution. C. WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your manager. d. An organization other than a partnership or joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured Form SS 00 08 04 01 Page 9 of 20 BUSINESS LIABILITY COVERAGE FORM a. 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), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" is an insured for: (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), or to a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" 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. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Any "employee" of the insured while acting in the scope of his/her duties as a retail pharmacist, or optician or optometrist. f. Additional Insureds by Contract, Agreement or Permit Any person or organization with whom you agreed, because of a written contract or agreement or permit, to provide insurance such as is afforded under this Business Liability Coverage Form, but only with respect to your operations, "your work" or facilities owned or used by you. However, coverage under this provision does not apply: (1) Unless the written contract or agreement has been executed or a permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury". (2) To any person or organization included as an insured under provision g. (Broad Form Vendors). (3) To any other person or organization shown in the Declarations as an Additional Insured. Coverage under this provision includes the following: (1) When an engineer, architect or surveyor becomes an insured under provision 2.f., the following additional exclusion applies: "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 failure to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) When a lessor of leased equipment becomes an insured under provision 2.f., the following additional exclusions apply: Page 10 of 20 Form SS 00 08 04 01 (a) To any "occurrence" which takes place after the equipment lease expires; or (b) To "bodily injury" or "property damage" arising out of the sole negligence of the lessor. (3) When owners or other interests from whom land has been leased become an insured under provision 2.f., the following additional exclusions apply: (a) Any "occurrence" which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the owners or other interests from whom land has been leased. (4) When managers or lessors of premises become an insured under provision 2.f., the following exclusions apply: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises: or (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessors of the premises. g. Additional Insured - Broad Form Vendors Any person or organization with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; BUSINESS LIABILITY COVERAGE FORM (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (3) This provision g. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Part. (4) This provision g. does not apply if "bodily injury" or "property damage" included within the "products - completed operation hazard" is excluded either by the provisions of the Coverage Part or by endorsement. h. Broad Form Named Insured Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this coverage form. Form SS 00 08 04 01 Page 11 of 20 BUSINESS LIABILITY COVERAGE FORM The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. i. Newly Formed or Acquired Organizations Any organization you newly acquire or form, other than a partnership or joint venture, 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: (1) Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (2) Coverage under this provision does not apply to: (a) "Bodily injury" or "property damage" that occurred; or (b) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. j. Additional Insured —Volunteer Workers Your "volunteer workers", but only while performing duties related to the conduct of your business. (1) However, no "volunteer workers" are insureds for: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of rendering or the failure to render professional services. (b) "Bodily injury" or "personal and advertising injury": (i) 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), your other "volunteer workers" or to your "employees" arising out of and in the course of their duties for you; (ii) To the spouse, child, parent, brother or sister of your "volunteer workers" or your "employees" as a consequence of paragraph (1) (a) above; or (c) "Property damage" to property: (i) Owned, occupied or used by, (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your other "volunteer workers", your "employees", any partner or member (if you are a partnership or joint venture) or any member (if you are a limited liability company). 3. Additional Insured - Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 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. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Page 12 of 20 Form SS 00 08 04 01 2. Aggregate Limits The most we will pay for: a. Injury or damages under the "products - completed operations hazard" arising from all "occurrences" during the policy period is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. All other injury or damages, including medical expenses, arising from all "occurrences" during the policy period is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This aggregate limit does not apply to "property damage" to premises rented to you arising out of fire, lightning or explosion. 3. Subject to item 2. above, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Subject to item 2. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. The most we will pay under Business Liability Coverage for damages because of "property damage" to premises rented to you, or in the case of fire, while rented to you or temporarily occupied by you with permission of the owner, is the Damage To Premises Rented To You Limit shown in the Declarations. The Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three. BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in paragraph 3. above. The limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under the policy. 2. Duties in The Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified promptly of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; and (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This condition applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) A manager if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) Any elected or appointed official, if you are a political subdivision or public entity. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and Form SS 00 08 04 01 Page 13 of 20 BUSINESS LIABILITY COVERAGE FORM (2) Notify us as soon as practicable. You must see to it that we receive a written notice of the claim or "suit" as soon as practicable. But this condition will not be considered breached unless the breach occurs after such claim or "suit" is known to anyone listed in 2 .a. (1) through (5) above. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this coverage form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this coverage form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy 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 a claim is made or "suit" is brought. 6. Unintentional Failure to Disclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we shall not deny any coverage under this Coverage Form because of such failure. 7. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in WHO IS AN INSURED, this Other Insurance Provision is applicable. If other valid and collectible insurance is available for a loss we cover under this Business- Liability Coverage Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary. We will not seek contributions from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED, except when b. applies. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; Page 14 of 20 Form SS 00 08 04 01 (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. This provision provides such insurance as is afforded under this coverage form, but only with respect to your operations, "your work" or facilities owned or used by you. BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Coverages also apply. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person or Organization WHO IS AN INSURED under Section C. is amended to include as an insured the person or organization shown in the Declarations, but only with respect to liability arising out of your operations or premises owned by or rented to you. 2. Additional Insured - Managers or Lessors of Premises a. WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: b. Additional Exclusions This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. 3. Additional Insured - Grantor of Franchise WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) shown in the Declarations, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s). b. Additional Exclusions: This insurance does not apply: Form SS 00 08 04 01 Page 15 of 20 BUSINESS LIABILITY COVERAGE FORM (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury" or "property damage" arising out of the sole negligence of the lessor. Additional Insured - Owners or Other Interests From Whom Land Has Been Leased WHO IS AN INSURED under Section C. is amended to include as an insured the person or organization shown in the Declarations, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations and subject to the following additional exclusion: This insurance does not apply to: a. Any "occurrence" that takes place after you cease to lease that land; or b. Structural alterations, new construction or demolition operations performed by or for the person or organization shown in the Declarations. 6. Additional Insured - State or Political Subdivision - Permits a. WHO IS AN INSURED under Section C. is amended to include as an insured the state or political subdivision shown in the Declarations, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. Additional Exclusions This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or political subdivision; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured -Vendors a. WHO IS AN INSURED under Section C. is amended to include as an insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. Additional Exclusions (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; products; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (3) This Provision 7. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Coverage Form. Page 16 of 20 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM (4) This Provision 7. does not apply if "bodily However, "advertisement" does not include: injury" or "property damage" included a. The design, printed material, information within the "products -completed or images contained in, on or upon the operations hazard" is excluded either by packaging or labeling of any goods or the provisions of this Coverage Form or products; or by endorsement. b. An interactive conversation between or 8. Additional Insured — Controlling Interest among persons through a computer WHO IS AN INSURED under Section C. is network. amended to include as an insured the 2. "Advertising idea" means any idea for an person(s) or organization(s) shown in the "advertisement". Declarations but only with respect to their 3. "Auto" means a land motor vehicle, trailer or liability arising out of: semi -trailer designed for travel on public roads, a. Their financial control of you; or including any attached machinery or b. Premises they own, maintain or control equipment. But "auto" does not include while you lease or occupy these premises. "mobile equipment". This insurance does not apply to structural 4. "Bodily injury" means bodily injury, sickness or alterations, new construction and demolition disease sustained by a person, including operations performed by or for that person or mental anguish or death resulting from any of organization. these at any time. 9. Additional Insured — Owners, Lessees or 5. "Coverage territory" means: Contractors — Scheduled Person or a. The United States of America (including its Organization. territories and possessions), Puerto Rico WHO IS AN INSURED under Section C. is and Canada; amended to include as insured the person or b. International waters or airspace, but only if organization shown in the Declarations, but the injury or damage occurs in the course only with respect to liability arising out of your of travel or transportation between any ongoing operations performed for that insured. places included in a. above; 10. Additional Insured — Co -Owner of Insured c. All other parts of the world if the injury or Premises damage arises out of: WHO IS AN INSURED under Section C. is (1) Goods or products made or sold by amended to include as an insured the you in the territory described in a. person(s) or Organization(s) shown in the above; Declarations, but only with respect to their liability as co-owner of the premises shown in (2) The activities of a person whose home the Declarations. is in the territory described in a. above, G. LIABILITY AND MEDICAL EXPENSES but is away for a short time on your business; or DEFINITIONS (3) "Personal and advertising injury" 1. "Advertisement" means the widespread public offenses that take place through the dissemination of information or images that Internet or similar electronic means of has the purpose of inducing the sale of goods, communication products or services through: provided the insured's responsibility to pay a. (1) Radio; damages is determined in the United States of (2) Television; America (including its territories and (3) Billboard; possessions), Puerto Rico or Canada, in a suit on the merits according to the substantive law in (4) Magazine; such territory, or in a settlement we agree to. (5) Newspaper; 6. "Employee" includes a "leased worker". b. The Internet, but only that part of a web "Employee" does not include a "temporary site that is about goods, products or worker". services for the purposes of inducing the 7, "Executive officer" means a person holding sale of goods, products or services; or any of the officer positions created by your c. Any other publication that is given charter, constitution, by-laws or any other widespread public distribution. similar governing document. Form SS 00 08 04 01 Page 17 of 20 BUSINESS LIABILITY COVERAGE FORM 8. "Hostile fire" means one which becomes un- controllable or breaks out from where it was intended to be. 9. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement: if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 10. "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 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. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of municipality in connection with work performed for a municipality) under which you assume the liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. 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, designs 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 failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; Page 18 of 20 Form SS 00 08 04 01 e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; Paragraphs (a), (b) and (c) above do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 15. "Personal and advertising Injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; BUSINESS LIABILITY COVERAGE FORM d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any executive officer, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. This paragraph h. does not apply in the States of Nebraska and Kansas. 16. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 17. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. Form SS 00 08 04 01 Page 19 of 20 BUSINESS LIABILITY COVERAGE FORM (2) When all of the work to be done at the 21. "Volunteer worker" means a person who is not site has been completed if your your "employee", and who donates his or her contract calls for work at more than work and acts at the direction of and within the one site. scope of duties determined by you, and is not (3) When that part of the work done at a paid a fee, salary or other compensation by job site has been put to its intended you or anyone else for their work performed for use by any person or organization you. other than another contractor or 22. "Your product': subcontractor working on the same a. Means: project. (1) Any goods or products, other than real Work that may need service, property, manufactured, sold, handled, maintenance, correction, repair or distributed or disposed of by: replacement, but which is otherwise complete, will be treated as completed. (a) You; c. This hazard does not include "bodily injury" (b) Others trading under your name; or "property damage" arising out of: or (1) The transportation of property, unless (c) A person or organization whose the injury or damage arises out of a business or assets you have condition in or on a vehicle created by acquired; and the "loading or unloading" of it; or (2) Containers (other than vehicles), (2) The existence of tools, uninstalled materials, parts or equipment equipment or abandoned or unused furnished in connection with such materials. goods or products. 18. "Property damage" means: b. Includes: a. Physical injury to tangible property, (1) Warranties or representations made at including all resulting loss of use of that any time with respect to the fitness, property. All such loss of use shall be quality, durability, performance or use deemed to occur at the time of the of "your product'; and physical injury that caused it; or (2) The providing of or failure to provide b. Loss of use of tangible property that is not warnings or instructions. physically injured. All such loss of use c. Does not include vending machines or shall be deemed to occur at the time of other property rented to or located for the "occurrence" that caused it. use of others but not sold. Computerized or electronically stored data, 23. "Your work": programs or software are not tangible a. Means: property. 19. "Suit' means a civil proceeding in which (1) Work or operations performed by you damages because of "bodily injury", "property or on your behalf; and damage" or "personal and advertising injury" to (2) Materials, parts or equipment which this insurance applies are alleged. furnished in connection with such work "Suit" includes: or operations. a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 20. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 20 of 20 Form SS 00 08 04 01 DATE(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE L.,..--" 10/1/2019 2/11/2019 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 t 1i�fhe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certific uch endorsement(s). CONTACT PRODUCER Lockton Companies NAME: 444 W.47th Street,Suite 900 MAY 1 4 2019 (NCN o,Ext): FAX No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: City of Bremerton INSURER(S)AFFORDING COVERAGE NAIL# Risk Management INSURER A:Lloyds of London INSURED STANTEC CONSULTING SERVICES,INC. INSURER B:AIG Specialty Insurance Company 26883 1414100 8211 SOUTH 48TH STREET INSURER C: PHOENIX AZ 85044 INSURER D: S • I/� /�/lJ 1 . J / S It l D INSURER E: ` INSURER F: COVERAGES CERTIFICATE NUMBER: 15885961 REVISION NUMBER: XXXXXXX 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 NSD 1SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE ( O /YEFF (POLICY EXP COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE — $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXX _XX _ PERSONAL&ADV INJURY $ XXX000aa GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $ XXXXXXX OTHER: $ AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED SINGLE LIMIT $ (Ea accident) XXXXXXX ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ___ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB _ OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION NOT APPLICABLE PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ XXXXXXX OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ XXXXXXX If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ XXXXXXX A Professional Liab v• N N GLOPR1801673 10/1/2018 1 /1/2019 $3,000,000 PER CLAIM/AGG A NO RETROACTIVE DATE . INCLUSIVE OF COSTS B Contractors Pollution Liab CP08085428 10/1/2017 YY 10/1/2019 $3,000,000 PER LOSS/AGG DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: 185750574/CITY OF BREMERTON EPA BROWNFIELD ASSESSMENT GRANT. CERTIFICATE HOLDER CANCELLATION 15885961 CITY OF BREMERTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 345 6TH ST,SUITE 100 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BREMERTON WA 98337 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV-1 �. 41 ©1988'015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD