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HomeMy WebLinkAbout5535SUBJECT: Animal Control & Licensing Contract with Kitsap Humane Society AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter. 7D January 13, 2015 January 20, 2015 City Clerk/Finance Shannon Corin Phone: (360) 473-5323 SUMMARY: The City's Animal Control Contract with the Kitsap Humane Society (KHS) has expired. Staff is proposing a new 5 year contract that amends the previous contract, including a 2% annual increase. As before, KHS will issue City of Bremerton pet and chicken licenses and retain the revenue and expenses of the licensing. Animal control services are outlined in Exhibit A to the contract. KHS has also suggested that the City allow for lifetime licenses for spayed or neutered cats and dogs. This will be addressed in a separate ordinance amending the current BMC and a resolution reestablishing Rates & Fees. ATTACHMENTS: Proposed Contract with Exhibit A FISCAL IMPACTS (Include Budgeted Amount): There is an annual increase of $3,960.00 to the 2016 Budget for a total of $201,960.00. STUDY SESSION AGENDA ❑ No Presentation ® Full Presentation STUDY SESSION ACTION: ❑ ConsentAgenda oGeneral Business ❑ Public Hearing MOTION: Move to approve the Professional Services Agreement for Animal Control and Licensing with Kitsap Humane Society; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 5!rApprove Form Updated 01107/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON The City of Bremerton ("City") and the Kitsap Humane Society ("Contractor"), referred to collectively as the Parties, enter into the following Agreement for professional services. I. Scope: The Contractor shall provide the professional services defined in this Agreement and as necessary to accomplish the scope of work attached heretoas Exhibit A. Scope of Services. The Scope of Services may be modified only pursuant to Section VII.G of this Agreement. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed and pursuant to the provisions of Chapter 7.10 BMC entitled "Impoundment and Quarantine," as currently enacted and hereinafter amended. Applicable fees and costs for services are set forth in Chapter 3.01 BMC, as currently enacted and hereinafter amended. PROVIDED, HOWEVER, the City reserves the right to prioritize scope of work and accelerate and/or delay work tasks under the time frame set forth in Section 11 herein. II. Term: The term of this Agreement shall be five (5) years commencing on January 1, 2016 and terminating on December 31, 2020, unless otherwise earlier terminated in accordance with Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the following which equates to a 2% increase each year: 2016 $201,960.00 or $16,830.00 per month 2017 $205,999.20 or $17,166.60 per month 2018 $210,119.16 or $17,509.93 per month 2019 $214,321.56 or $17,860.13 per month 2020 $218,607.96 or $18,217.33 per month In addition, the Contractor shall retain all licensing fees pursuant to Section 8 of ExhibitA, and all fees collected pursuant to BMC 7.10.010(e) unless otherwise agreed by the parties. The City shall pay the Contractor for costs of impoundment of animals exceeding thirty(30) days due to the Bremerton Municipal Court requiring the retention of evidence (animals). Such Boarding costs for impoundment beyond thirty (30) days shall be as set forth in Chapter3.01 BMC. In the event the Contractor finds it necessary to board the animals at other shelters for Court ordered impoundment beyond thirty (30) days, the City shall pay the Contractor for additional expenditures for veterinarian costs includingmedicine and lab work which will be billed separately at the Contractor's costs.The Contractor shall notify the City onthetwenty fifth (25) day if it appears Court orderedimpounded animals will be sheltered for over thirty (30) days. The Contractor shall submit monthly invoices for services in a format acceptable to the City.The City shall pay the Contractor by check within thirty(30) days of receipt of a proper invoice. If a billing statement does not conform to this Agreement, the City may withhold 1 Fitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract payment until the statement is brought into compliance.Such withholding does not relieve Contractor of its obligations under this Agreement. IV. Reporting: The Contractor shall provide the City with quarterly performance and financial reporting of contracted services and tasks. This reporting shall include pet licensing data such as pets licensed, revenue collected, costs incurred in administering the licensing program, revenue distribution to the provision of animal control services, and animal control statistics such as number and type of complaints received and investigated. Other specific data will be provided as requested. V. Relationship of parties: Contractor represents that it is skilled in the matters addressed in the Scope of Services and is performing independent functions and responsibilities within itsfield of expertise. Contractor and its personnel are independent Contractors and not employees of the City Contractor 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 -Contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub -Contractors 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. Asan independent Contractor, Contractor 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 Contractor or its personnel. As an independent Contractor, Contractor 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 industrialinsurance, Business & Occupation, State professional licensing, and City businesslicensing.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 Contractor. VI. Indemnification: Contractor 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. Should a court of competent jurisdictiondetermine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT ISFURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY 2 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VII. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connectionwith the performance of the work hereunderby the Contractor, its agents, representatives, employees, or sub -Contractors. Before beginningwork on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: Automobile Liabilityinsurance with limits no less than $1,000,000 combinedsingle limit per accident for bodily injury and property damage, and Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage.Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liabilityinsurance (ifrequired), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance.The City reserves the right to receive a certified copy of all the required insurance policies and endorsements.The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days priorwritten notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VIII. General Conditions: A. Reports, Audit and Information. The Contractor shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement inaccordancewithgenerally accepted accounting principles(GAAP). All such books 3 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times,and the Contractor shall afford the proper facilities for such inspection and Audit Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of accounts and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Contractor shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. B. Ownershipand Use of Records and Documents. Original documents, drawings, designs and reports, including those inelectronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business.If such information is publicly available or is already in Contractor's possession or known to it, or isrightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Silverdale, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Contractor pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City.Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Contractor's Risk.Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -Contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose.All work shall be done at Contractor's own risk, and Contractor 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. D. Place of Work.The Contractor shall perform the workauthorized under this Agreement at its offices in Silverdale, Washington, and within the Bremerton City limits.Meetings with the City staff as describedin Exhibit A, Scope of Services, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement.This Agreement and its Exhibit 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. F. Severability -Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification. This Agreement may only be modified by written instrument signed by 4 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract both Parties. H. 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 givenif sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Director of Financial Services 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Kitsap Humane Society Executive Director 9167 Dickey Rd NW Silverdale, WA 98383-8860 I. 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. J.Non-Waiver of Breach.The failure of the City to insist upon strict performance of any of the covenants and agreements containedherein, 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 remainin full force and effect. K. Compliancewith Laws. Contractor shall comply with all applicable Federal, State, and local laws inperforming its obligations under this Agreement. L. 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. M. 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. N. Assig_nment.Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. TX. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. X. Termination: This Agreement shall remainin force until terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Contractor shall include a report showing the status of all items listed in the Scope of Work current through the termination date. A. Excusable Delays. The right of Contractor to proceed shall not be terminated nor shall Contractor be charged with liquidated damages for any delays in the completion of the work due to: l) any acts of the federal government incontrolling, restricting, or requisitioningmaterials, 5 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its Contractors, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the Parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, fires, floods,strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination. In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, as described on a final invoice submitted to the City. Atter termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City withoutrestriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. KITSAP MAN SOCIETY Eric Stevens, Executive i or CITY OF BREMERTON: Patty Annroved as to form: I -Z1-1,6 Date Date test: Shannon Corin, City Clerk 6 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract EXHIBIT A SCOPE OF SERVICES The Contractor agrees to furnish all labor, materials, equipment, and facilities to perform the duties and services required of the official Animal Control and Humane Society of the City. Such duties and services shall include the following: 1. Impounding Authority: The Contractor shall act as the Animal Control and Impounding Authority for the City and shall provide impound services and facilities for all animals for which impounding is authorized or ordered by the City pursuant to City ordinances. 2. Enforcement of Ordinances: The Contractor is designated as the Animal Control Authority and shall enforce all ordinances of the City including enforcement of Park Codes in City Parks now in effect or hereinafter enacted relative to the care, treatment, control, impounding, and licensing of animals and commercial animal facilities. The Contractor shall investigate complaints of animal cruelty under RCW 16.52 and violations of BMC Title 7, and refer appropriate complaints to the City for prosecution. The Chief of Police of the City shall commission animal control officers of the Contractor over the age of twenty-one (21) years as special police officers of the City with the power to enforce City Ordinances and Washington State RCWs relating to animal control only. PROVIDED, that such commission shall be conferred at the discretion of the Chief of Police and may be revoked at will by him. All commissioned Animal Control Officers shall receive basic training in animal control enforcement from the Animal Control Academy in Burien (or comparable training elsewhere). Further, the Contractor shall assist City law enforcement officers for DUI/DWI stops and/or traffic accidents involving dogs or cats. 3. Quarantine: The Contractor, under the authority and at the direction of the Health Officer of the Kitsap County Health District, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the skin. PROVIDED, that the length of such quarantine and the decision to release such animals from quarantine shall be within the determination and discretion of the Health Department. It is the understanding of the Parties that the Health Officer has the responsibility to monitor animals under quarantine and the Contractor shall cooperate with the Health Officer in the record keeping necessary to monitor the keeping of quarantined animals. 4. Injured Animals: The Contractor, while on patrol or by request, shall pick up injured domestic animals on City streets, roads, parks, and alleys. The Contractor shall provide veterinary care for such animals and will make every attempt to locate the owner. If the owner of such animal is unknown or unavailable, the Contractor shall make such disposition of said animal as it deems necessary or appropriate according to any applicable City, County, State or other appropriate regulations. 5. Clearing of Livestock:The Contractor, on request, shall assist officers of the Bremerton Police Department in clearing the City streets and roads of livestock or any other domestic animals at large or deceased on said roads and streets. If an owner cannot be located by Police or the Contractor, the Contractor will take in stray chickens, pigs and horses, but not cows. The Contractor shall not be responsible for disposal of deceased livestock. 6. Animals brought to Shelter: The Contractor shall accept dogs, cats, and other small pets brought to the Shelter by their owners or authorized persons, PROVIDED, such animals shall have not bitten any person within the last ten (10) days so as to have broken the skin; PROVIDED FURTHER, that disposition of said animal shall be at the discretion of the 7 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract Contractor. Nothing herein contained shall be construed to prevent the Contractor from charging the owner for euthanasia and/or cremation where such services are requested of the Contractor or deemed necessary. 7. Assistance in Prosecution: The Contractor shall provide its animal control officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all violations of any ordinance or statute pertaining to animals herein defined. The Contractor shall assist all officers of the City in obtaining and presenting evidence in connection with the prosecution of all violations of City ordinances pertaining to animals covered by this Agreement. The Contractor will honor all Bremerton Municipal Court Subpoenas. 8. Licensing, Marketing and Fees: The Contractor shall be responsible for issuing licenses and collecting the fees therefore for all animals for which a license is required by City ordinance, at no cost to the City. The Contractor shall be responsible for administering the City's licensing program for all animals for which a license is required by the City. All licensing fees collected by the Contractor from City of Bremerton pet owners shall be retained by the Contractor and shall be used first to cover the cost of operating and marketing the licensing program, then to help pay for the spaying and neutering of unclaimed stray pets from the City of Bremerton before they are adopted out, and lastly to help subsidize a portion of the cost of offering discounted spay or neuter surgery services to low-income residents of the City. The licensing responsibilities of the Contractor shall include: a. Issue licenses and collect fees; b. Offer City of Bremerton residents both annual and lifetime pet licensing options; C. Offer City of Bremerton residents an on-line licensing registration option; d. Offer City of Bremerton residents chicken licenses on an annual basis and renewal; e. Send out renewal notices and reminders to pet and chicken owners via mail or on- line; f. Promote and market the licensing program to Bremerton residents; g. Submit monthly or quarterly reports to the City detailing licenses issued and fees collected; and h. Submit an annual report to the City identifying the total number of licenses issued; the costs of administering the program, including but not limited to the total number and cost of unclaimed stray pets spayed or neutered and the total numberand costof pets spayed or neutered at a discounted price; and any other information requested by the City. 9. Routine and Educational Services: The Contractor shall provide the following services of a routine and educational nature to the citizens of Bremerton: a. The Contractor shall take in all stray domestic animals found within the City of Bremerton and provide those animals with kenneling and care, including inoculations and flea treatments. Stray animals that are reported to the Contractor via the "911" Central Communications system shall be retrieved bythe Contractor; in the case of multiple "911" calls, the Contractor mayuse its own criteriatoprioritize its responsesto such calls. Stray animals brought to the ContractorbyCity residentsshallbe accepted by the Contractor.TheContractorshall make reasonable attempts to contact a stray animal's owner ifidentifying informationisfound onthe animal, suchas alicense tag, identificationtagormicrochip.TheContractor shall provide a redemption system toenable owners to reclaim their lost pets. 8 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract b. Provide a twenty-four (24) hour lost andfound pet information phone line and develop, if possible, a web site with appropriate safeguards to view animals that have been picked up as stray. C. Provideeducation to the public on responsible pet ownership and other animal welfare issues. d. Provide subsidized spay and neutering surgery programs for low-income residents of the City. e. At the request of an elderly or disabled/infin-ned City resident and with the permission of the property owner, the Contractor will set and retrieve trap(s) necessary to impound stray or injured domestic dogs and/or cats. f. Provide an adoption program that promotes responsible pet ownership as well as securing the spaying or neutering of animals in order to reduce population. g. Act as a resource facility for court-ordered community service. h. The Contractor shall be responsible for the removal and disposal of all dead domestic animals from the Bremerton streets, roads, sidewalks and alleyways. If the owner of such animal is unknown or unavailable, and the Contractor has made reasonable attempts to contact the animal's owner if identifying information is found on the animal, the Contractor shall make disposition of theanimal as it deems necessary or appropriate under the circumstances. 10. Emergency and 24 -Hour Services: The Contractor shall perform the Scope of Services listed above during normal business hours of the Contractor; however the clearing of livestock from roadways, impoundment of injured animals, and assistance to City law enforcement officers and fire personnel during DUI/DWI stops,trafficaccidents, and structural firesshall be consideredan "emergency"and responded totwenty-four (24) hours a day, 365 days a year. Further, in response to calls dispatched through CENCOM 911, the Contractor will provide emergency services 24 hours a day, seven days a week, including: a. Handling injured at -large animals; b. Responding the same day to unprovoked dog bites where the dog is still at large and a threat to the public; C. Handling at -large animals injured in accidents; and d. Providing assistance to law enforcement for search warrants, traffic stops, accidents, evictions and other essential duties. All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton Police/Fire personnel. Nothing contained herein shall require the Contractor or its agents to respond after the Contractor's normal business hours for routine animal complaints, pickups, or patrols. 9 1 Kitsap Humane Society/City of Bremerton 2016-20 Animal Control & Licensing Contract Client#: 95818 KITSHUMA1 5535 ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYYYY) INSR LTR TYPE OF INSURANCE 5/3112016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NCONTACT AME Ashlee Wright Propel Insurance PHONE 253.761.3267 FAX 866 577-1326 (A/M, MA Lo Ext): A/C, No Tacoma Commercial Insurance ashlee.wright@propelinsurance.com 1201 Pacific Ave, Suite 1000ADDRESS: RECEIVED MED EXP (Any one person) $ 5,000 Tacoma, WA 98402 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Great American Insurance Compan 16691 PRODUCTS - COMP/OP AGG $ 2,000,000 INSURED JUN 0 2 2016 INSURER B AUTOMOBILE X X Kitsap Humane Society 9167 Dickey Rd NW INSURERC: Silverdale, WA 98383 City of Bremerton V1 I INSURER D : 05/31/201 Risk Management INSURER E: BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMB THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y PAC1278121 0513112016 05131/2017 EACH OCCURRENCE $1,000,000 PREMISES (Ea RENTED $100000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: RO POLICY 7 JPECjLOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS CAP1278122 5/31/2016 05/31/201 COMBINED Ea accident SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE Y Y UMB1278123 0513112016 05/31/2017 EACH OCCURRENCE s3,000,000 AGGREGATE s3,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? F`N] (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WA Stop Gap PAC1278121 5/31/2016 05/31/201 WC STATU- OTH- LIMIT ER E.L. EACH ACCIDENT $110001000 E.L. DISEASE - EA EMPLOYEE1 $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Vet Professional PAC1278121 5/31/2016 05131/201 $1,000,000 each claim $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Animal Control Contract. Certificate holder is included as additional insured, per the attached. City of Bremerton Paul Johnston- City Clerk 345 6th Street, Ste 600 Bremerton, WA 98337 ACORD 25 (2010105) 1 of 1 #S2225420/M2225231 07Gli I.7-I-1RGla191:1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DMV00 . A This page has been left blank intentionally. Administrative Offices 301 E 4th Street GxEATAMERICAN. Cincinnati OH 45202-4201 CG 89 70 (Ed. 11/14) INSURANCE GROUP 513 369 5000 ph THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT This Endorsement modifies and is subject to the insurance provided under the following form: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extension only applies in the event that no other specific coverage for the indicated loss exposure is provided under this Policy. If other specific coverage applies, the terms, conditions and limits of that Coverage are the exclusive coverage applicable under this Policy, unless otherwise noted in this Endorsement. This is a summary of the various additional coverages and coverage modifications provided by this Endorsement. For complete details on specific coverages, consult the actual policy wording. Coverage Description Limit of Insurance Page Non -Owned Aircraft Included 2 Non -Owned Watercraft Included 2 Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Included 3 Medical Payments $ 20,000 3 Damage to Premises Rented to You $ 1,000,000 3 Supplementary Payments - Bail Bonds $ 3,000 4 Supplementary Payments - Loss of Earnings $ 1,000 per day 4 Newly Formed or Acquired Organizations Included 4 Unintentional Failure to Disclose Hazards Included 5 Knowledge of Occurrence, Claim or Suit Included 5 Property Damage Liability - Elevators Included 5 Property Damage Liability - Borrowed Equipment Included 5 Liberalization Clause Included 6 Amendment of Pollution Exclusion (Premises) Included 6 Limited Property Damage to Property of Others $ 5,000 6 Additional Insured - Manager or Lessor of Premises Included 7 CG 89 70 (Ed. 11/14) (Page 1 of 12) Coverage Description Limit of Insurance Page Additional Insured - Funding Sources Included 7 Additional Insured - By Contract Included 8 Primary and Non -Contributory Additional Insured Extension Included 10 Additional Insureds - Protection of Your Limits Included 10 Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Included 11 Property Damage Extension With Voluntary Payments $ 1,000/$ 5,000 11 Who Is An Insured - Fellow Employee Extension - Management Employees Included '12 Broadened Personal and Advertising Injury Included 12 A. Non -Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. Non -Owned Watercraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) less than 60 feet long; and CG 89 70 (Ed. 11/14) (Page 2 of 12 ) (b) not being used to carry persons or property for a charge. C. Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Under SECTION V. - DEFINITIONS, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. D. Medical Payments If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this Policy are amended as follows: The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $ 20,000; or b. the amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE. E. Damage to Premises Rented to You If Damage to Premises Rented to You is not otherwise excluded from this Coverage Part: 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: 3. The last paragraph of paragraph 2. Exclusions is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. However, this insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by: i. rupture, bursting, or operation of pressure relief devices; ii. rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; iii. explosion of steam boilers, steam pipes, steam engines, or steam turbines; or iv. flood 2. Paragraph 6. Under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: CG 89 70 (Ed. 11/14) (Page 3 of 12) 6. Subject to paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, explosion, smoke, leakage from automatic: fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water or any combination of the six, is the higher of $ 1,000,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance where the words "Fire insurance" appear they are changed to "insurance for fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water." 4. As regards coverage provided by this provision I. Damage to Premises Rented to You - paragraph 9„a. of Definitions is replaced with the following: 9. a. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; F. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision,. paragraph 1.b. is replaced with: b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $ 1,000 a day because of time off work. G. Newly Formed or Acquired Organizations Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a named insured if there. is no other similar insurance available to that organization. However: a. coverage; under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. coverage A does not apply to "bodily injury" or property damage that occurred before you acquired or formed the organization; and c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CG 89 70 (Ed. 11/14) (Page 4 of 12) d. records and descriptions of operations must be maintained by the first named insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a named insured in the Declarations or qualifies as an insured under this provision. H. Unintentional Failure to Disclose Hazards Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not intentional on the part of the Insured. I. Knowledge of Occurrence, Claim or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any occurrence, claim, or suit by any agent, servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership c. an executive officer or insurance manager, if you are a corporation. J. Property Damage Liability - Elevators 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3), (4) and (6) of exclusion j. Damage to Property do not apply if such property damage results from the use of elevators. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance.- The nsurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. K. Property Damage Liability - Borrowed Equipment 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage' Liability, subparagraph (4) of exclusion j. Damage to Property does not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. 2. The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Conditions, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. CG 89 70 (Ed. 11/14) (Page 5 of 12) L. Liberalization Clause If we revise this Signature General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the date the revision is effective in your state. M. Amendment of Pollution Exclusion (Premises) 1. The following is added to paragraph (1)(a) of Exclusion f. of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: (iv) "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants." As used in this Endorsement, the actual discharge, dispersal, seepage, migration, release or escape of pollutants must: (aa) commence on a clearly identifiable day during the policy period; and (bb) end, in its entirety, within seventy-two (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants"; and (cc) be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of "pollutants" commences; and (dd) be neither expected nor intended from the standpoint of any insured; and (ee) be unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and (ff) not originate at or from a storage tank or other container, duct or piping which: a. is below the surface of the ground or water; or b. at any time has been buried under the surface of the ground or wetter and then is subsequently exposed. 2. For the purposes of this coverage, the following is added to the definition of "property damage" of SECTION V - DEFINITIONS and applies only as respects this coverage: Land or water, whether below ground level or not, is not tangible property. 3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred. N. Limited Property Damage to Property of Others The following is added under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A and B: 3. We will pay up to $ 5,000 for loss to personal property of others while in the temporary care, custody or control of an insured caused by any person participating in your organized activities. For the purpose of this supplementary payment, loss shall mean damage or destruction but does not include mysterious disappearance or loss of use. In the event of a theft, a police report must be filed. This supplementary payment does not apply if: a. coverage is otherwise provided by the Property Coverage part (if any) of this Policy; or CG 89 70 (Ed. 11/14) (Page 6 of 12) b. the loss is covered by any other insurance you have or by any insurance of such person who causes such loss. These payments will not reduce the Limits of Insurance. O. Additional Insured - Manager or Lessor of Premises 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under: (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be an "insured contract," and, (i) currently in effect or become effective during the term of this Policy; and (ii) executed prior to the "bodily injury," "property damage," "personal and advertising injury." 2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1. above, the following additional provisions apply: (a) This insurance applies only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the Additional Insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law. 3. This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured. P. Additional Insured - Funding Sources 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of: CG 89 70 (Ed. 11/14) (Page 7 of 12) a. your premises; or b. "your work" for such additional insured; or c. acts or omissions of such additional insured in connection with the general supervision of "your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. b. The insurance afforded to the Additional Insured only applies to the extent permitted by law c. If coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. Q. Additional Insureds - By Contract 1. SECTION If - WHO IS AN INSURED is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract or written agreement provided that the "bodily injury" or "property damage occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. the maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for .which the state or political subdivision has issued a permit However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required :by contract or agreement, the insurance! afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional insured under this Endorsement ends when: CG 89 70 (Ed. 11/14) (Page 8 of 12 ) (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this Endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage." We have no duty to defend an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured as required in paragraph b. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION. 2. With respect to the insurance provided by this Endorsement, the following are added to paragraph 2. Exclusions under SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the offense which caused the "personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. "Bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 89 70 (Ed. 11/14) (Page 9 of 12) d. Any person or organization specifically designated as an additional insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: a. required by the contract or agreement; or b. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This Endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. R. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) the Additional Insured is a named insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies. S. Additional Insureds - Protection of Your Limits This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: An additional insured under this Endorsement will as soon as practicable: CG 89 70 (Ed. 11/14) (Page 10 of 12) a. give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under this insurance to us; b. tender the defense and indemnity of any claim or "suit' to all insurers whom also have insurance available to the Additional Insured; and c. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part. d. we have no duty to, defend or indemnify an additional insured under this Endorsement until we receive written notice of a "suit" by the Additional Insured. 2. The Limits of Insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These limits are inclusive of and not in addition to the Limits of Insurance available under this Policy. T. Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 8. Transfer of Rights of Recovery Against Others to Us: If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products -completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. U. Property Damage Extension with Voluntary Payments 1. The following is added to paragraph 1. Insuring Agreement of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: At your request we will pay for "loss" to property of others caused by your business operations for which this Policy provides liability insurance. Such payment will be made without regard to your legal obligation to do so. The "loss" must occur during the policy period and must take place in the "coverage territory." 2. With respect to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of SECTION I - COVERAGES A - Bodily Injury and Property Damage Liability is amended as follows: Exclusions j.(3), j.(4), j.(5) and j.(6) are deleted. 3. As respects coverage afforded by this coverage, SECTION III - LIMITS OF INSURANCE is replaced by the following: Regardless of the number of insureds, claims made or "suits" brought or persons or organizations making claims or bring "suits": 1. Subject to 2. Below, the most we will pay for one or more "loss" arising out of any one "occurrence" is $ 1,000. 2. The aggregate amount we will pay for the sum of all "loss" in an annual period is $ 5,000. This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2. of SECTION III - LIMITS OF INSURANCE. CG 89 70 (Ed. 11/14) (Page 11 of 12) V. Who Is an Insured - Fellow Employee Extension - Management Employees 1. The following is added to paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employee" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectable insurance available to your "employee." W. Broadened Personal and Advertising Injury 1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added to SECTION V - DEFINITIONS Item 14.: h. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.e. CG 89 70 (Ed. 11/14) (Page 12 of 12) Coverage Description Limit of Insurance Page Additional Insured - Funding Sources Included 7 Additional Insured - By Contract Included 8 Primary and Non -Contributory Additional Insured Extension Included 10 Additional Insureds - Protection of Your Limits Included 10 Blanket Waiver of Transfer of Rights of Recovery Against Others to Us (Subrogation) Included 11 Property Damage Extension With Voluntary Payments $ 1,000/$ 5,000 11 Who Is An Insured - Fellow Employee Extension - Management Employees Included 12 Broadened Personal and Advertising Injury Included 12 A. Non -Owned Aircraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, exclusion °g. Aircraft, Auto or Watercraft does not apply to an aircraft provided: 1. it is not owned by any insured; 2. it is hired, chartered or loaned with a trained paid crew; 3. the pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating him or her a commercial or airline pilot; and 4. it is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. Non -Owned Watercraft Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not ,own that is: (a) less than 60 feet long; and CG 89 70 (Ed. 11/14) (Page 2 of 12) (b) not being used to carry persons or property for a charge. i C. Bodily. Injury - 'Mental Injury, Mental Anguish, Humiliation or Shock Under SECTION V DEFINITIONS, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness, or disease, including death of a person. "Bodily Injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. D. Medical Payments If Coverage C Medical Payments is not otherwise. excluded, the Medical Payments provided by this Policy are amended as follows: The Medical Expense Limit in paragraph 7. of SECTION III - LIMITS OF INSURANCE is replaced by the following Medical expense Limit: The Medical Expense Limit provided by this Policy shall be the greater of: a. $ 20,000; or b. the amount shown in the Declarations for Medical Expense Limit This provision 7. is subject to all the terms of SECTION 111 .- LIMITS OF INSURANCE. E. Damage to Premises Rented to You If. Damage to Premises Rented to You is not otherwise excluded from this, Coverage Part: 1. Under paragraph 2. 'Exclusions of SECTION I - COVE=RAGE A - Bodily Injury and, Property Damage Liability: 3. The last paragraph of paragraph 2. Exclusions is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water to premises while. rented to you or temporarily occupied by you: with permission of the owner. A separate, Limit of Insurance applies to this coverage as described in SECTION III - LIMITS OF INSUkANCE. However, this insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, caused by: I. rupture, bursting, or operation of pressure relief devices; _ ii. rupture or bursting due to expansion or swelling of the contents of any building or structure, caused. by or resulting from water; iii. explosion of steam boilers, steam pipes, steam engines, or steam turbines; or iv. flood 2. Paragraph 6. Under SECTION Ill - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: CG 89 70 (Ed. 11/14) (Page 3 of 12) 6. Subject to paragraph 5. above, the most we will pay under Coverage A . for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection system or water while rented to you or temporarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water or any combination of the six, is the higher of $ 1,000,000 or the amount shown in the Declarations for the Damage to Premises Rented to You Limit. 3. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, subsection 4. Other Insurance, paragraph b. Excess Insurance where the words "Fire insurance" appear they are changed to "insurance for fire, lightning, explosion, smoke, leakage from an automatic fire protection system or water." 4. As regards coverage provided by this provision I. Damage to Premises Rented to You - paragraph 9.a. of Definitions is replaced with the following: 9. a. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, leakage from automatic fire protection systems or water to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; F. Supplementary Payments 1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with: b. Up to $ 3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $ 1,000 a day because of time off work. G. Newly Formed or Acquired Organizations Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a named insured if there is no other similar insurance available to that organization. However: a. coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. coverage A does not apply to "bodily injury" or property damage that occurred before you acquired or formed the organization; and c. coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CG 89 70 (Ed. 11/14) (Page 4 of 12) d. records and descriptions of operations must be maintained by the first named insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a named insured in the Declarations or qualifies as an insured under this provision. H. Unintentional Failure to Disclose Hazards Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations: Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Policy, provided such failure or omission is not intentional on the part of the Insured. I. Knowledge of Occurrence, Claim or Suit Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS•, the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Knowledge of any occurrence, claim, or suit by any agent, servant. or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury, claim or suit shall have been received by: a. you, if you are an individual; b. a partner, if you are a partnership c. an executive officer or insurance manager, if you are a corporation. J. Property Damage. Liability - Elevators 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability, subparagraphs (3), (4) and (6), of exclusion j. Damage to Property do not apply if such property damage results from the use of elevators. 2. The following is added to SECTION IV - COMMERCIIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. K. Property Damage Liability - Borrowed Equipment 1. Under paragraph 2. Exclusions of SECTION I - COVERAGE ABodily Injury and Property Damage Liability, subparagraph (4) of exclusion j. Damage to Property does not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. 2. The following is added to SECTION, IV - COMMERCIAL GENERAL LIABILITY Conditions, Condition 4. Other Insurance, paragraph b. Excess Insurance: The insurance afforded by this provision of this Endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. CG 89 70 (Ed. 11/14) (Page 5 of 12) L. Liberalization Clause If we revise this Signature General Liability Broadening Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the date the revision is effective in your state. M. Amendment of Pollution Exclusion (Premises) 1. The following is added to paragraph (1)(a) of Exclusion f. of SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: (iv) "Bodily injury" or "property damage" arising out of the actual discharge, dispersal, seepage, migration, release or escape of "pollutants." As used in this Endorsement, the actual discharge, dispersal, seepage, migration,. release or escape of pollutants must: (aa) commence on a clearly identifiable day during the policy period; and (bb) end, in its entirety, within seventy-two (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants"; and (cc) be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of "pollutants" commences; and (dd) be neither expected nor intended from the standpoint of any insured; and (ee) be unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and (ff) not originate at or from a storage tank or other container, duct or piping which: a. is below the surface of the ground or water; or b. at any time has been buried under the surface of the ground or water and then is subsequently exposed. 2. For the purposes of this coverage, the following is added to the definition of "property damage" of SECTION V - DEFINITIONS and applies only as respects this coverage: Land or water, whether below ground level or not, is not tangible property. 3. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred. N. Limited Property Damage to Property of Others The following is added under SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A and B: 3. We will pay up to $ 5,000 for loss to personal property of others while in the temporary care, custody or control of an insured caused by any person participating in your organized activities. For the purpose of this supplementary payment, loss shall mean damage or destruction but does not include mysterious disappearance or loss of use. In the event of a theft, a police .report must be filed. This supplementary payment does not apply if: a. coverage is otherwise provided by the Property Coverage part (if any) of this Policy; or CG 89 70 (Ed. 11/14) (Page 6 of 12) b. the loss is covered b an other insurance you have or an insurance of such y y y y y� person who causes such loss. These payments will not reduce the Limits of Insurance. O. Additional Insured - Manager or Lessor of Premises 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an additional insured on this Policy under: - (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that .person or organization as an additional insured has been issued; but the written or oral contract or agreement must be an "insured contract," and (i) currently in effect or become effective during the term of this Policy; and (ii) executed prior to the "bodily injury," "property damage," "personal and advertising injury." 2. With respect to the insurance afforded to the Additional Insured identified in paragraph 1. above, the following additional provisions apply: (a) This insurance applies only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the Additional Insured- are the lesser of those specified in the written contract or, agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable td the Additional- Insured are inclusive of and not in addition to the_ Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits :of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other -valid and collectible insurance available to the Additional Insured whether. the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law.. 3. This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the Additional Insured. P. Additional Insured - Funding Sources 1. SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of: CG 89 70 (Ed. 11/14) (Page 7 of 12) a. your premises; or b. "your work" for such additional insured; or c.. acts or omissions of such additional insured in connection with the general supervision of your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. b. The insurance afforded to the Additional Insured only applies to the extent permitted by law c. If coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded' to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. Q. Additional Insureds - By Contract 1. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you! have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of: a. your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the Additional Insured that are subject of the written contract orwritten agreement provided that the "bodily injury" or "property damage occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. the maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. the Additional Insureds financial control of you; or d. operations performed by you or on your behalf for which the state or political subdivision has issued a permit, However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured is required by contract or agreement, the insurance affordedto such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional insured under this Endorsement ends when: CG 89 70 (Ed. 11/14) (Page 8 of 12) .;J (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to paragraph 1.b. above; this insurance does not apply to any "occurrence" which takes place after the equipment rental or, lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this Endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage." We have no, duty to defend an additional insured under this Endorsement until we receive written notice of a "suit' by the Additional Insured as required in paragraph b. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITION. 2. With respect to the insurance provided by this Endorsement, the following are added to paragraph 2. Exclusions under SECTION I - COVERAGE A - Bodily Injury and Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) supervisory, inspection, architectural or engineering activities.. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage," or the offense which caused the "personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. "Bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed for or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 89 70 (Ed. 11/14) (Page 9 of 12) d. Any person or organization specifically designated as an additional insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance: a. required by the contract or agreement; or b. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This Endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. R. Primary and Non -Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) the Additional Insured is a named insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. b. The following is added to paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the Additional Insured is designated as a named insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the Additional Insured has been added as an additional insured on other policies. S. Additional Insureds - Protection of Your Limits This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit: An additional insured under this Endorsement will as soon as practicable: CG 89 70 (Ed. 11/14) (Page 10 of 12) W a. give written (notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. tender the defense and indemnity, of any claim or "suit' to all insurers whom also have insurance available to the Additional Insured; and c. agree to make available any other insurance which the Additional Insured has for a loss we cover under this Coverage Part. d. we have no duty to defend or indemnify an additional insured under this Endorsement until we receive written notice of a "suit' by the Additional. Insured. 2. The Limits of Insurance applicable to the Additional Insured are those specified in a written contract or written agreement or the Limits of Insurance stated in the Declarations of this Policy and defined in SECTION III - LIMITS OF INSURANCE of this Policy, whichever are less. These limits are inclusive of and not in addition to the Limits of Insurance available under this Policy. T. Blanket Waiver of Transfer of :Rights of Recovery Against Others to Us (Subrogation) Under SECTION IV a COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 8. Transfer of Rights of Recovery Against Others to Us: If required by a written contract or written agreement, we waive any right of recovery we may 11 have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the p"products-completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. U. Property Damage Extension with Voluntary Payments 1. The following isll added to paragraph 1. Insuring Agreement of SECTION I - COVERAGE A - Bodily Injury and Property -Damage Liability: At your request we will pay for "loss" to property of others caused by your business 11 operations for which this Policy provides liability insurance. Such payment will be made without regard to your (,legal obligation to do so. The "loss" must occur during the policy period and must take place in the "coverage territory." 2. With respect to" the coverage afforded under paragraph 1. above, paragraph 2. -Exclusions of SECTION- I - COVERAGES A - 'Bodily Injury and Property Damage Liability is amended as follows: Exclusions j.(3), 6j.(4), j.(5) and j.(6) are deleted. 3. As respects- coverage afforded by this coverage, SECTION III - LIMITS OF INSURANCE is. replaced by the'following: lRegardless of ithe number of insureds, claims made or "suits" brought or persons or organizations making claims or bring "suits": 1 1. Subject to 2 Below, the most we will pay for one or more "loss" arising out of any one "occurrence" is $ 1,000. 2. The aggregate amount we will pay for the sum of all "loss" in an annual period is $- 5,000. This aggregate amount is part of and- not in addition to the General Aggregate Limit described in paragraph 2. of SECTION 111 - LIMITS OF INSURANCE. CG 89 70 (Ed. 11/14) 1 (Page 11 of 12) V. Who Is an Insured - Fellow Employee Extension - Management Employees 1. The following is added to paragraph 2.a.(1) of SECTION 11 - WHO IS AN INSURED: Paragraph (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, including the direct supervision of other "employee" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury," caused in whole or in part by their intoxication by liquor or controlled substances. This coverage is excess over any other valid and collectable insurance available to your "employee." W. Broadened Personal and Advertising Injury 1. Unless "Personal and Advertising Injury" is excluded from this Policy, the following is added to SECTION V - DEFINITIONS Item 14.: h. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.e. CG 89 70 (Ed. 11/14) (Page 12 of 12) Client#: 95818 KITSHUMA1 ACOR®TM CERTIFICATE OF LIABILITY INSURANCE —DATE(MM/DDIYYYY) 5/25/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER; AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is '"ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such PRODUCER �� Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 NAME` ,Nicole Anderson PHONE A 253-761-3237 FAX 866 577-1326 IC No Ext : AIC, No E-MAIL ADDRESS: nicole.anderson@Pro elinsurance.com P INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Great American Insurance Compan 16691 INSURED Kitsap Humane Society 9167 Dickey Rd NW Silverdale, WA 98383 INSURER B: INSURER C INSURER D: INSURER E: INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECOT- LOC OTHER: 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 MAYj� PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/1^f & POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY J CLAIMS -MADE OCCUR PAC127812101 5/31/2017 05/31/2018 EACH OCCURRENCE $1,000,000 PREMISESOERENT uDnce $1000000 MED EXP (Any one person) $ 20,000. PERSONAL &ADV INJURY $1,000,000 . GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECOT- LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS �I CAP127812201 5/31/21317 0543112018 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIABCLAIMS-MADE IX OCCUR 1 UM13127812301 t5/31/2017 05/31/2018 EACH OCCURRENCE $3 000 000 AGGREGATE' s3,000,000 DED RETENTION $ $ A WORKERS COMPENSATIONPAC127812101: AND EMPLOYERS' LIABILITY _ ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WA Stop Gap 05/3142017 O5/31/2O1 PER OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Vet,Professional PAC127812101 5/31/2017 05/31/2018 1,000;000 each claim 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Animal Control Contract. Certificate holder is included as additional insured, per the attached. CERTIFICATE HOLDER ICANCELLATION City Of Bremerton y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN -Paulehiisten- City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Ste 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337', ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2719188/M2719173 JLC00 This page has been left blank intentionally. I V in' trativ'Ii Adm is a Offices GREAT 301 E 4th Street AMERICAN, Cincinnati *145202-4201 CG 8 9 7 0 (Ed. 11 / 1-4) INSURANCE GROUP 51336950001ph ,I ENDORSEMENT THIS ENDO RS CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ii, SIGNATURE GENERAL LIABILITY BROADENING ENDORSEMENT This Endorsement modifies and is subject to the insurance provided under. the following form: i COMMERCIAL GENERAL LIABILITY COVERAGE PART The following extension;, only applies in the event that no other specific coverage for the indicated loss- exposure is provided uhder this Policy. If other specific coverage applies, the terms, conditions and limits of that Coverage are the exclusive coverage applicable under this Policy, unless otherwise noted in this Endorsement. This is a summary of the various additional coverages and coverage modifications provided by this Endorsement. For complete details on specific coverages, consult the actual policy wording. Coverage Description Limit of Insurance Page - Non -Owned Aircraft Included 2 Non -Owned Watercraft Included 2 Bodily Injury - Mental Injury, Mental Anguish, Humiliation or Shock Included 3 Medical Payments il. $ 20,000 3 Damage to Premises Rented to;i You $ 1,000,000 3 Supplementary Payments - Bil-Bonds $ 3,000 4: Supplementary Payments - L9 ss of Earnings, Newly Formed or Acquired Oganizations $ 1,000 per day, Included 4 4 Unintentional Failure to Disclose Hazards Included 5 Knowledge of Occurrence, Claim or Suit Included 5 Property Damage Liability - Elevators Included 5 Property Damage Liability - Borrowed Equipment Included 5 Liberalization Clause i Included 6 Amendment of Pollution Exclusion (Premises) Included 6 Limited Property Damage to. Property of Others $ 5,000 6 Additional Insured - Manager or Lessor of Premises Included 7 CG 89 70 (Ed. 11/14) (Page 1 of 12) Client#: 95818 KITSHUMAI �5635' ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) TYPE OF INSURANCE 1 1/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nicole Anderson NAME: Propel Insurance PHONE 800 499-0933 FAx 866 577-1326 MA Lo, Ext): A/C, No Tacoma Commercial Insurance ADDRESS: nicole.anderson@propelinsurance.com 1201 Pacific Ave, Suite 1000 MED EXP (Any one person) $ 20,000 Tacoma, WA 98402 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Riverport Insurance 36684 GENERAL AGGREGATE $2,000, INSURED INSURER B: Allied World Surplus Lines Insurance CO 24319 Kitsap Humane Society AUTOMOBILE X X 9167 Dickey Rd NW INSURER C 1 Silverdale, WA 98383 INSURER D: 05/31/2019 COMBINED SINGLE LIMIT Ea accident 1,000,000 INSURER E: INSURER F: / PROPERTY DAMAGE Per accident $ 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR HHS8577424 5/31/2018 05/3112019 EACHOCCURRENCE $1,000,000 PREMISESOEa occu ante $1,000,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $1,000,090 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ECT [_] LOC OTHER: GENERAL AGGREGATE $2,000, PRODUCTS - COMP/OP AGG $2,000,OaO $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY HHS8577424 5/31/2018 05/31/2019 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE HHS8577424 5/31/2018 05/3112019 EACH OCCURRENCE $3 00 ,000 AGGREGATE s3,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PRO PRI ETOR/PARTN E R/EXECUTIVE OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A,( HHS8577424 WA Stop Gap 5/31/2018 05/31/201 PER OTH- E E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,060 E.L. DISEASE - POLICY LIMIT $1,000,000 B Vet Professional 0311-3694 5/31/2018 05/31/2019 $1,000,000 each claim $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Animal Control Contract. Certificate holder is included as additipnal insured, per the attached. City of Bremerton City Clerk 345 6th Street, Ste 100 Bremerton, WA 98337 ACORD 25 (2016/03) 1 OfIl #S3516984/M3212861 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE �;w4 -!!� ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C LJ 02 COMMERCIAL GENERAL LIABILITY CG 83 91 05 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Throughout this endorsement, the words "you" and "your" refer to the Named Insured shown in the Declarations. The word "we," "us," and "our" refer to the company providing this insurance. The following is only a summary of the additional coverages provided by this endorsement and is provided only for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement modifies. SUBJECTS OF INSURANCE Broadened Bodily Injury Broadened Personal and Advertising Injury Broadened Property Damage Broadened Fire, Lightning, Explosion, and Sprinkler Leakage - $500,000 Broadened Medical Payments - $10,000 Broadened Supplementary Benefits a. Bail Bonds - $1,000 b. Expenses Incurred to Assist in Defense - $500 per Day Broadened Newly Acquired or Formed Organization Broadened Non -Owned or Chartered Watercraft or Aircraft Broadened Commercial General Liability Conditions a, Duties in the Event of Occurrence, Offense, Claim, or Suit b. Liberalization — Automatic Coverage If We Adopt Broader Coverages c. Notice to Company Automatic Coverage for "Special Events" Automatic Additional Insureds a. Athletic Activity Participants b. Contractual Obligations c. Funding Sources d. Manager or Lessor of Premises e. Owner, Manager, Operator, or Lessor of "Special Event' Premises f. Supervisors or Higher in Rank — Co -Employee Exclusion Removed g. Limitations Blanket Waiver of Subrogation Priority of Application for Multiple Insureds The coverages listed in this endorsement are provided as extensions or additions to your insurance program. CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 1 of 8 Office, Inc. used with its permission. A. BROADENED BODILY INJURY Paragraph 3. of Section V — Definitions is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that person. B. BROADENED PERSONAL AND ADVERTISING INJURY 1. Paragraph 14. of Section V — Definitions is deleted and replaced with the following: 14. "Personal and Advertising Injury" means injury, including consequential "bodily injury" arising out of one or more of the following offenses during the policy period. a. False arrest, detention, or imprisonment; b. Malicious prosecution or abuse of process; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies by or on behalf of its owner, landlord, or lessor; d. Oral, written, televised, videotaped, 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, televised, videotaped or electronic publication of material that violates a person's right of privacy; or f. Misappropriation of advertising ideas or style of doing business; or g. Infringement of copyright, title, or slogan. h. Mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.g. above. 2. Exclusions 2.b. and 2.c. under Coverage B Personal and Advertising Injury Liability are deleted and replaced with the following: b. Material Published with Knowledge of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped, or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior to Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped, or electronic publication of material whose first publication took place before the beginning of the policy period; C. BROADENED PROPERTY DAMAGE Exclusion 2.a. under Coverage A Bodily Injury and Property Damage Liability is deleted and replaced with the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. D. BROADENED FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE 1. Paragraph 6. under Section III — Limits Of Insurance is deleted and replaced with the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premises while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner; and b. Personal property of others in your care, custody, or control, while at premises rented to you or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire, lightning, explosion or sprinkler leakage occurrence. Page 2 of 8 Includes copyrighted material of Insurance Services CG 83 91 05 15 Office, Inc. used with its permission. The Damage to Premises Rented to You Limit is the greater of: c. $500,000; or d. The amount shown in the Declarations for Damage to Premises Rented to You Limit. 2. Paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability is amended as follows: Paragraphs c. through n., do not apply to damage by fire, lightning, explosion, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. 3. Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions is amended as follows: Paragraph b. (1) (a) (ii) is deleted and replaced with the following: (ii) That is Fire, Lightning, Explosion, or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; or 4. Paragraph 9.a. under Section V — Definitions is deleted and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 5. This Broadened Coverage is subject to all the terms of Section III — Limits Of Insurance. 6. This Broadened Coverage does not apply if Fire Damage Liability of COVERAGE A (SECTION 1) is excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part. E. BROADENED MEDICAL PAYMENTS 2. This Medical Expense Limit is subject to all the terms of Section III — Limits Of Insurance. 3. This above Medical Expense Limit does not apply if Coverage C Medical Payments is excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part. F. BROADENED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. under Supplementary Payments — Coverages A and B are deleted and replaced with the following: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off from work. G. BROADENED NEWLY ACQUIRED OR FORMED ORGANIZATION Paragraph 3.a under Section II — Who Is An Insured is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 1201h day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. BROADENED NON -OWNED OR CHARTERED WATERCRAFT OR AIRCRAFT Exclusion 2.g. under Coverage A Bodily Injury and Property Damage Liability is deleted and replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use, or entrustment to others of any aircraft," auto," or watercraft owned by or operated by, or rented or loaned to, any insured. Use includes operation and "loading or unloading". This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: 1. The following provision is added to Paragraph (a) Less than 51 feet long; and 7. of Section III — Limits Of Insurance: (b) Not being used to carry persons or The Medical Expense Limit shall be the property for a charge; greater of: (3) Parking an "auto" on, or on the ways next a. $10,000; or to premises you own or rent, provided the "auto" is not owned by or rented, or loaned b. The amount shown in the Declarations for to you or the insured; Medical Expense Limit. CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 3 of 8 Office, Inc. used with its permission. (4) Liability assumed under any "insured contract" for the ownership, maintenance, or use of aircraft, watercraft, or "autos"; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f. (2) or f. (3) of Section V — Definitions, Paragraph 12., "Mobile Equipment"; or (6) An aircraft you do not own that is: (a) Hired, chartered, or loaned with a crew; and (b) Not owned in whole or in part by any insured. (7) This insurance does not apply, under Paragraph g.(1) and g.(2) above, if the insured has any other insurance for "bodily injury" or "property damage" which would also apply to loss covered under this provision, whether the other insurance is primary, excess, contingent, or on any other basis. (8) This insurance is excess, under Paragraph g. (6) above, over any other insurance, whether the other insurance is primary, excess, contingent or on any other basis. BROADENED COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Paragraph 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit under Section IV — Commercial General Liability Conditions is amended to add the following provision: e. Your obligation to notify us as soon as practicable of an "occurrence," or offense under Paragraph 2.a. above, or a claim or "suit" or offense under Paragraphs 2.a., 2.b., and 2.c above, is satisfied if you send us written notice as soon as practicable after any of your "executive officers," directors, partners, insurance managers, or legal representatives becomes aware of, or should have become aware of, such "occurrence," offense, claim or "suit." 2. The following provisions are added to Section IV —Commercial General Liability Conditions: 10. Liberalization If we adopt any revision that would broaden the coverage under this coverage part without additional premium within 30 days prior to or during the policy period, the broadened coverage will immediately apply to this coverage part. 11. Notice To Company If you report an "occurrence" or offense to your Workers' Compensation insurer which later becomes a claim under this Coverage Part, failure to report such "occurrence" or offense to us at the time of the "occurrence" or offense will not be considered a violation of the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition, if you notify us as soon as practicable when you become aware that the "occurrence" or offense has become a liability claim. J. AUTOMATIC COVERAGE FOR SPECIAL EVENTS 1. You are automatically covered for all "special events" which you organize, promote, administer, sponsor, or conduct during the term of this policy. 2. Section V — Definitions is amended to add the following paragraph: 23. "Special Event" means any event: a. The purpose of which is to raise funds for you; or b. To recognize the accomplishments of your organization, your "employees," or your volunteer workers; or c. Which you, or an individual or organization with whom you have entered into a contract or agreement, organize, promote, administer, sponsor, or conduct for the purposes described in Paragraphs a. or b. above; and d. Which takes place on premises owned by you, or on premises while rented or leased to you or to that organization described in Paragraph c. above. K. AUTOMATIC ADDITIONAL INSURED(S) The following provisions are added to Section II — Who Is An Insured: 4. Automatic Additional Insured(s) a. Additional Insureds — Athletic Activity Participants (1) This policy is amended to include as an insured any person(s) [hereinafter called Additional Insured(s)] representing you while participating in amateur athletic activities that you sponsor. However, no such person is an insured for: (a) "Medical expenses" under Coverage C Medical Payments. (b) "Bodily Injury" to: Page 4 of 8 Includes copyrighted material of Insurance Services CG 83 91 05 15 Office, Inc. used with its permission. (i) A co -participant, your (ii) Which takes place after you volunteer worker or your cease to be a tenant in that "employee" while participating premises. in amateur athletic activities (c) With respect to architects, that you sponsor; or engineers, or surveyors, coverage (ii) You, or any partner or does not apply to "Bodily Injury," member, (if you are a "Property Damage," "Personal partnership or joint venture), Injury," or "Advertising Injury" or any member (if you are a arising out of the rendering or the limited liability company); or failure to render any professional (c) "Property damage" to property services by or for you including: owned by, occupied or used by, (i) The preparing, approving, or rented to , in the care, custody, or failing to approve or prepare control of, or over which physical maps, drawings, opinions, control is being exercised for any reports, surveys, change purpose by: orders, designs or (i) A co -participant, your specifications; and volunteer worker, or your (ii) Supervisory, inspection, or "employee"; or engineering services. (ii) You, or any partner or (d) Coverage provided herein shall be member, (if you are a considered excess over any other partnership or joint venture), valid and collectible insurance or any member (if you are a available to the Additional Insured limited liability company). whether that other insurance is Additional Insured — Contractual primary, excess, contingent, or on Obligations any other basis unless a written (1) This policy is amended to include as contractual arrapgement an insured any person or organization specifically requires this insurance (hereinafter called Additional InsuKed) to be primary. that you are required by a wren (e) In the event that you are engaged "insured contract"; to include as an in the manufacture or assembly of insured, subject to all of the following any goods or products for the provisions: benefit or at the direction of (a) Coverage is limited to liability another party, pursuant to a arising out of: contract or agreement with that party, this paragraph (e). does (i) Your ongoing operations not extend coverage to that party performed for such Additional as an Additional Insured. Insured; or Coverage for such a party will be (ii) Such Additional Insured's extended only by a specific financial control of you; or endorsement issued by us and (iii) The maintenance, operation naming such party. or use by you of equipment c. Additional Insured — Funding Sources leased to you by such (1) This policy is amended to include as Additional Insured; or an insured any Funding Source (iv) A permit issued to you by a (hereinafter called Additional Insured) state or political subdivision. which requires you in a written (b) Coverage does not apply to any contract to name such Additional "occurrence" or offense: Insured but only with respect to (i) Which took place before the liability arising out of your premises or "your execution of, or subsequent to work" for such Additional the completion or expiration Insured, and only to the extent set of, the written "insured forth as follows: contract"; or CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 5 of 8 Office, Inc. used with its permission. (a) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all the terms, conditions and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (b) The coverage provided to the Additional Insured is not greater than that customarily provided by the policy forms specified in and required by the contract. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. d. Additional Insured — Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or organization (hereinafter called Additional Insured) from whom you lease or rent your premises and which requires you to add such person or organization as an Additional Insured in this policy under: (a) A written contract; or (b) An oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an Additional Insured; but only if the written or oral agreement is an "insured contract"; (i) Currently in effect or to become effective during the term of this policy; and (ii) Executed prior to the "bodily injury," "property damage," "personal injury", or "advertising injury." (2) With respect to the insurance afforded the Additional Insured identified in Paragraph d. (1) immediately above, the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance, or use of that portion of the premises leased to you; (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all this policy's terms, conditions, and exclusions. The Limits of Insurance applicable to the Additional Insured are inclusive of, not in addition to, the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Part be increased by such contract or agreement. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (3) This insurance does not apply to: (a) Any "occurrence" or offense which takes place after you cease to be a tenant in the premises covered by this endorsement; or (b) Structural alterations, new construction, or demolition operations performed by or on behalf of the Additional Insured. e. Additional Insured — Owner, Manager, Operator or Lessor of "Special Events" Premises (1) This policy is amended to include as an insured any person or organization (hereinafter called Additional Insured) from whom you lease, rent or occupy the premises upon which a "special event" is held, sponsored or conducted by you, or on your behalf, under: Page 6 of 8 Includes copyrighted material of Insurance Services CG 83 91 05 15 Office, Inc. used with its permission. (a) A written contract; or (3) This insurance does not apply to: (b) An oral agreement or contract (a) Any "occurrence" or offense which where a Certificate of Insurance takes place after you cease to be has been issued showing that a tenant, licensee or occupant in person or organization as an the premises covered by this Additional Insured; but only if the endorsement; or written or oral agreement is an (b) Any acts or "occurrences" caused "insured contract," by or attributable to the owner, (i) Currently in effect or to manager, operator, or lessor of become effective during the the premises upon which the term of this policy; and "special event" is held. (ii) Executed prior to the "bodily f. Additional Insured — Supervisors or injury," "property damage," Higher in Rank "personal injury," or (1) This policy is amended to include as "advertising injury." insured any "employees" (hereinafter (2) With respect to the insurance afforded called Additional Insured), designated the Additional Insured identified in as supervisor or higher in rank, who Paragraph e. (1) of this endorsement, are authorized by you to exercise the following additional provisions direct or indirect supervision and apply: control over "employees" and the (a) This insurance applies only to manner in which work is performed, liability arising out of the use of but only for acts within the scope of that portion of the premises while their employment by you or while leased or rented to you for the performing duties related to the specific "special event"; conduct of your business. However, (b) The Limits of Insurance applicable none of these "employees" designated to the Additional Insured are the as supervisor or higher in rank, is an lesser of those specified in the insured for: contract or agreement pertaining (a) "Bodily injury" or "personal injury": to the use of the premises or in (i) To you, to your partners or the Declarations for this policy and members (if you are a subject to all of this policy's terms, partnership or joint venture), conditions, and exclusions. The or to your members (if you are Limits of Insurance applicable to a limited liability company); the Additional Insured are (ii) For which there is any inclusive of, not in addition to, the obligation to share damages Limits of Insurance shown in the with or repay someone else Declarations. who must pay damages (c) In no event shall the coverage or because of the injury Limits of Insurance in this described in paragraph (a)(i) Coverage Form be increased by above; or such contract or agreement. (iii) Arising out of his or her (d) Coverage provided herein shall be providing or failing to provide considered excess over any other professional health care valid and collectible insurance services. available to the Additional Insured (b) "Personal Injury": whether that other insurance is (i) To a co -"employee" while in primary, excess, contingent, or on any other basis unless a written the course of his or her contractual arrangement employment, or specifically requires this insurance (ii) To the spouse, child, parent, to be primary. brother or sister of that co - "employee" as a consequence of Paragraph (b)(i) above; CG 83 91 05 15 Includes copyrighted material of Insurance Services Page 7 of 8 Office, Inc. used with its permission. (iii) For which there is any restitution, penalties, and formula obligation to share damages damages added to "actual with or repay someone else damages" and any other who must pay damages enhanced damages. because of the injury (4) All other terms and conditions of this described in Paragraph (b) (i) Coverage Part which are not or (b) (ii) above. inconsistent with this Paragraph h. (c) "Property damage" to property: apply to coverage extended to the (i) Owned, occupied or used by; above referenced Additional Insureds or REGARDLESS OF WHETHER OR () rr Rented to, in the care, NOT A COPY OF THIS COVERAGE custody, control of, or over PART AND/OR ITS which physical ical control is being ENDORSEMENTS ARE DELIVERED exercised for any purpose by TO AN ADDITIONAL INSURED. you, any of your "employees," L. BLANKET WAIVER OF SUBROGATION any partner, or member (if you Paragraph 8. under Section IV — Commercial are a partnership or joint General Liability Conditions is deleted and venture), or any member (if replaced with the following: you are a limited liability 8. Transfer of Rights Of Recovery Against company). Others To Us And Blanket Waiver Of g. Additional Insured — LIMITATIONS Subrogation (1) The persons, entities, or organizations a. If an insured has rights to recover all or to which coverage is extended under part of any payment we have made under Paragraphs a. (Athletic Activity this Coverage Part, those rights are Participants), b. (Contractual transferred to us. The insured must do Obligations), c. (Funding Sources), d. nothing after loss to impair them. At our (Managers or Lessors of Premises), request, the insured will bring "suit" or and e. (Owner, Manager, Operator, or transfer those rights to us and help us Lessor of "Special Events" Premises) enforce them. are Additional Insureds, but only: b. If required by written "insured contract," (a) With respect to each Additional we waive any right of recovery we may Insured's vicarious liability for have against any person or organization "actual damages" solely caused because of payments we make for injury by you or by "your work" that is or damage arising out of your ongoing ongoing for such Additional operations or "your work" done under a Insured's supervision of "your contract for that person or organization work"; and and included in the "products -completed (b) If the Additional Insured did not operations hazard." cause or contribute to the M. PRIORITY OF APPLICATION FOR MULTIPLE "occurrence" or act resulting in INSUREDS liability. Section III — Limits Of Insurance is amended to (2) If an endorsement is attached to this add the following paragraph: policy and specifically names a person 8. In the event a claim or "suit" is brought against or organization as an Additional more than one insured, due to "bodily injury" Insured, then the coverage extended or "property damage" from the same under this paragraph 4. AUTOMATIC "occurrence," or "personal injury," or ADDITIONAL INSURED(S) does not "advertising injury," from the same offense, we apply to that person, entity, or will apply the Limits of Insurance in the organization. following order: (3) The following is added to Section V — a. You; Definitions: b. Your "executive officers," directors, 24. "Actual Damages" is to have its"employees," and usual and customary legal meaning and excludes without c. Any other insureds in any order that we limitation, punitive damages, choose. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Page 8 of 8 Includes copyrighted material of Insurance Services CG 83 91 05 15 Office, Inc. used with its permission. BUSINESS AUTO BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies and is subject to the insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is only a summary of the additional coverages provided by this endorsement and is provided only for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement modifies. The deductibles specified on your "auto" declarations page are applicable to these coverages unless a different deductible is indicated. If one or more of these coverages is provided by a specific endorsement, then the specific endorsement will apply. SUBJECTS OF INSURANCE Who Is An Insured 1. Broad Form Named Insured 2. Employees As Insureds 3. Volunteers As Insureds 4. Employee Hired Auto Broadened Liability Supplementary Payments 1. Bail Bonds - $3,000 2. Reasonable Expenses Incurred - $300 per day Physical Damage Coverage Amendments 1. Towing 2. Coverage Extensions a) Transportation Expenses b) Loss of Use Expenses c) Auto Loan/Lease Gap Coverage d) Personal Property Coverage e) Airbag Discharge 3. Hired Car Physical Damage 4. Rental Reimbursement Coverage 5. Audio, Visual and Data Electronic Equipment 6. Deductible Amendments a) 2 or more Autos b) Glass Deductible Business Auto Conditions Amendments 1. Knowledge of Occurrence 2. Blanket Waiver of Subrogation General Condition Amendment Unintentional Errors and Omissions The coverages listed in this endorsement are provided as extensions or additions to your insurance program. CA 83 40 12 14 Page 1 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. BUSINESS AUTO BROADENING ENDORSEMENT 1. Broad Form Named Insured h. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a The following is added to Section II — Liability contract or agreement in that "employee's" Coverage, Paragraph A. 1. Who Is An Insured name, with your permission, while provision: performing duties related to the conduct of your business. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, 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: 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. e. Your Board Members (or their spouses) are an "insured" while operating an "auto" hired or rented under a contract or agreement in that Board Member's or spouses name, with your permission, while performing duties related to the conduct of your business. 2. Employees As Insureds The following is added to Section II — Liability Coverage, Paragraph A. 1. Who Is An Insured provision: f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow while performing duties related to the conduct of your business. 3. Volunteers As Insureds The following is added to Section II — Liability Coverage, Paragraph A. 1. Who Is An Insured provision: Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes that "auto" is also an "insured". 4. Employee As Insured The following is added to Section II — Liability Coverage, Paragraph A. 1. Who Is An Insured provision: 5. Broadened Liability Supplementary Payments The following replaces Section II — Liability Coverage, Paragraph A.2. Coverage Extensions, a. Supplementary Payments (2) and (4): (2) Up to $3000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual "loss" of earnings up to $300 a day because of time off from work. 6. Towing The following replaces Section III — Physical Damage Coverage, A. Coverage, Paragraph 2. Towing: We will pay up to $ 75 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this coverage. 7. Transportation Expenses The following replaces Section III — Physical Damage Coverage, 4. Coverage Extensions, a. Transportation Expenses: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the policy period and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CA 83 40 12 14 Page 2 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. BUSINESS AUTO BROADENING ENDORSEMENT 8. Loss Of Use Expenses The following replaces Section III — Physical Damage Coverage, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses: For Hired Auto Physical Damage, we will pay expense for which an "insured" becomes legally responsible to pay for "loss" of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for "loss" of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $80 per day, to a maximum of $800. 9. Auto Loan/Lease Gap Coverage The following is added to the Section III — Physical Damage Coverage, Paragraph 4. Coverage Extensions: c. Auto Loan/Lease Gap Coverage In the event of a total "loss" to a covered "auto" shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount paid under the Physical Damage Coverage Section of the policy; and (2) Any: (a) Overdue lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. 10. Personal Property Coverage The following is added to Section III — Physical Damage Coverage, A. Coverage, 4. Coverage Extensions. d. Personal Property Coverage We will pay up to $500 for loss to any personal property which is: (1) owned by an "insured"; and (2) in or on your covered "auto". This coverage is applicable only in the event of a total theft of a covered "auto". No deductible applies to this coverage. 11. Airbag Discharge The following is added to Section III — Physical Damage Coverage, A. Coverage, 4. Coverage Extensions. e. Airbag Discharge If there is an accidental discharge of an airbag in your covered "auto", we will pay to have the airbag replaced. This extension is excess over any other collectible insurance or warranty. No deductible applies to this coverage. 12. Hired Car Physical Damage If this policy provides Comprehensive, Specified Causes of Loss or Collision Coverage, that coverage may be extended to hired "autos". The coverage available to a hired "auto' will be equal to the broadest coverage shown on the Declarations available to any covered "auto'. The most we will pay for any one "accident' or "loss" is: CA 83 40 12 14 Page 3 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. BUSINESS AUTO BROADENING ENDORSEMENT (1) $40,000; or (2) The actual cash value or cost of repair of the damaged or stolen property. Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. (3) Any covered "auto" hired or rented by your Board Members (or their spouses) under a contract in that individual Board Member's (or spouses') name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered auto. 13. Rental Reimbursement Coverage We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period and ending, regardless of the policy's expiration, with the lesser of the following number of days. c. Our payment is limited to the lesser of the following amounts.- (1) mounts: (1) Necessary and actual expenses incurred. (2) $50 per day. d. This coverage does not apply while there are spare or reserve autos available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Section III — Physical Damage Coverage, 4. Coverage Extensions, a. Transportation Expenses. 14. Audio, Visual And Data Electronic Equipment We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered auto at the time of the loss or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto" electrical system, in or upon the covered "auto". The most we will pay for "loss" to audio, visual or data electronic equipment as a result of any one "accident" is the lessor of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or (1) The number of days reasonably c. $400. required to repair or replace the covered "auto". If loss is caused by theft, this This coverage does not apply if there is other number of days is added to the number coverage provided under this policy for the of days it takes to locate the covered above described audio, visual and data "auto" and return it to you. electronic equipment. We will pay any deductible, up to $400, that is applicable to the (2) 30 days. other coverage. CA 83 40 12 14 Page 4 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. 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XPSLFST!DPNQFOTBUJPO BIIT968853522160420312:1604203131 TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZ!QSPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% XB!TUPQ!HBQ2-111-111 O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ O )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF%2-111-111 Jg!zft-!eftdsjcf!voefs 2-111-111 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx CWfu!Qspgfttjpobm142247:5160420312:16042031312-111-111!Qfs!Dmbjn 2-111-111!Bhhsfhbuf EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* SF;!Bojnbm!Dpouspm!Dpousbdu/!Dfsujgjdbuf!ipmefs!jt!jodmvefe!bt!beejujpobm!jotvsfe-!qfs!uif!buubdife/! DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF Djuz!pg!Csfnfsupo UIF!!!!FYQJSBUJPO!!!EBUF!!!!UIFSFPG-!!!!OPUJDF!!!XJMM!!!CF!!!EFMJWFSFE!!!JO BDDPSEBODF!!!XJUI!!!UIF!!!QPMJDZ!!!QSPWJTJPOT/ Djuz!Dmfsl 456!7ui!Tusffu-!Tuf!211 BVUIPSJ\[FE!SFQSFTFOUBUJWF Csfnfsupo-!XB!!:9448 ª!2:99.3126!BDPSE!DPSQPSBUJPO/!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE 22pg!2pg!2 $T4776:540N4776:34$T4776:540N4776:34DST12 Uijt!qbhf!ibt!cffo!mfgu!cmbol!joufoujpobmmz/ Uijt!qbhf!ibt!cffo!mfgu!cmbol!joufoujpobmmz/ BUSINESS AUTO BROADENING ENDORSEMENT No deductible applies to this coverage. 15. Deductible Amendment The following is added to Section III — Physical Damage Coverage, A. Coverage, Paragraph D. Deductible. In the event that a "loss" from one "accident" involves two or more covered "autos", only the largest applicable deductible for Comprehensive, Specified Causes Of Loss, or Collision coverage will apply. This provision applies only to those "autos" designated in the Schedule or Declarations to have Comprehensive, Specified Causes Of Loss, or Collision coverage. 16. Glass Deductible The following is added to Section III — Physical Damage Coverage, Paragraph D. Deductible. No deductible applies to "loss" to glass used in the windshield, doors or windows of a covered "auto". 17. Knowledge Of Occurrence The following replaces Section IV — Business Auto Conditions, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. a. In the event of "accident", "claim", "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your obligation to provide prompt notice to us is satisfied if you send us notice as soon as practicable after: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; (5) Your elected or appointed officials, trustees, board members, or your insurance manager, if you are an organization other than a partnership, joint venture, or limited liability company; becomes aware of, or should have become aware of such "accident", "claim", "suit" or "loss". 18. Blanket Waiver Of Subrogation The following is added to Section IV — Business Auto Conditions, A. Loss Conditions. If required by written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". 19. Unintentional Errors And Omissions The following is added to Section IV — Business Auto Conditions, B. General Condition, 2. Concealment, Misrepresentation Or Fraud. However, if you should unintentionally misrepresent or conceal information to us at any time, we will not deny coverage under this policy based on this unintentional error or omission. This provision does not affect our right to cancel or non -renew your coverage or collect additional premium for any added exposures. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA 83 40 12 14 Page 5 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE StarNet Insurance Company Allied World Surplus Lines Insurance Co 6/03/2020 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 Nicole Anderson 800 499-0933 866 577-1326 nicole.anderson@propelinsurance.com Kitsap Humane Society 9167 Dickey Rd NW Silverdale, WA 98383 40045 24319 A X X X HHS857742412 05/31/2020 05/31/2021 1,000,000 1,000,000 20,000 1,000,000 2,000,000 2,000,000 A X X X HHS857742412 05/31/2020 05/31/2021 1,000,000 A X X HHS857742412 05/31/2020 05/31/2021 3,000,000 3,000,000 A N HHS857742412 WA STOP GAP 05/31/2020 05/31/2021 1,000,000 1,000,000 1,000,000 B A Vet Professional Leased Equipment 03113694 HHS857742412 05/31/2020 05/31/2020 05/31/2021 05/31/2021 $1,000,000 Per Claim $1,000,000 Aggregate $37,883 RE: Animal Control Contract. Certificate holder is included as additional insured, per the attached. City of Bremerton City Clerk 345 6th Street, Ste 100 Bremerton, WA 98337 1 of 1 #S4156615/M4156146 KITSHUMA1Client#: 95818 CRS01 1 of 1 #S4156615/M4156146 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 83 91 12 19 CG 83 91 12 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY. GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Throughout this endorsement, the words “you” and “your” refer to the Named Insured shown in the Declarations. The word “we,” “us,” and “our” refer to the company providing this insurance. The following is only a summary of the additional coverages provided by this endorsement and is provided only for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement modifies. SUBJECTS OF INSURANCE Broadened Bodily Injury Broadened Personal and Advertising Injury Broadened Property Damage Broadened Fire, Lightning, Explosion, and Sprinkler Leakage - $500,000 Broadened Medical Payments - $20,000 Broadened Supplementary Benefits a. Bail Bonds - $1,000 b. Expenses Incurred to Assist in Defense - $500 per Day Broadened Newly Acquired or Formed Organization Broadened Non-Owned or Chartered Watercraft or Aircraft Broadened Commercial General Liability Conditions a. Duties in the Event of Occurrence, Offense, Claim, or Suit b. Liberalization – Automatic Coverage If We Adopt Broader Coverages c. Notice to Company Automatic Coverage for “Special Events” Automatic Additional Insureds a. Athletic Activity Participants b. Contractual Obligations c. Funding Sources d. Manager or Lessor of Premises e. Owner, Manager, Operator, or Lessor of “Special Event” Premises f. Supervisors or Higher in Rank – Co-Employee Exclusion Removed g. Limitations Blanket Waiver of Subrogation Priority of Application for Multiple Insureds The coverages listed in this endorsement are provided as extensions or additions to your insurance program. Page 2 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission CG 83 91 12 19 A. BROADENED BODILY INJURY Paragraph 3. of Section V – Definitions is deleted and replaced with the following: 3. “Bodily injury” means physical injury, sickness, or disease sustained by a person, including death resulting from any of these. “Bodily injury” also means mental injury, mental anguish, humiliation, or shock sustained by a person, if directly resulting from physical injury, sickness, or disease sustained by that person. B. BROADENED PERSONAL AND ADVERTISING INJURY 1. Paragraph 14. of Section V - Definitions is deleted and replaced with the following: 14. “Personal and advertising injury” means injury, including consequential “bodily injury” arising out of one or more of the following offenses during the policy period. a. False arrest, detention, or imprisonment; b. Malicious prosecution or abuse of process; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies by or on behalf of its owner, landlord, or lessor; d. Oral, written, televised, videotaped, 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, televised, videotaped or electronic publication of material that violates a person’s right of privacy; f. Misappropriation of advertising ideas or style of doing business; g. Infringement of copyright, title, or slogan; or h. Mental injury, mental anguish, humiliation, or shock, if directly resulting from Items 14.a. through 14.g. above. 2. Exclusions 2.b. and 2.c. under Coverage B - Personal and Advertising Injury Liability are deleted and replaced with the following: b. Material Published with Knowledge of Falsity “Personal and advertising injury” arising out of oral, written, televised, videotaped, or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior to Policy Period “Personal and advertising injury” arising out of oral, written, televised, videotaped, or electronic publication of material whose first publication took place before the beginning of the policy period; C. BROADENED PROPERTY DAMAGE Exclusion 2.a. under Coverage A - Bodily Injury and Property Damage Liability is deleted and replaced with the following: a. Expected Or Intended Injury “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. D. BROADENED FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE 1. Paragraph 6. under Section III - Limits Of Insurance is deleted and replaced with the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of “property damage” to: a. Any one premises while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner; and b. Personal property of others in your care, custody, or control, while at premises rented to you or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire, lightning, explosion, or sprinkler leakage occurrence. CG 83 91 12 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 8 The Damage to Premises Rented to You Limit is the greater of: c. $500,000; or d. The amount shown in the Declarations for Damage to Premises Rented to You Limit. 2. Paragraph 2. Exclusions of Coverage A - Bodily Injury and Property Damage Liability is amended as follows: Paragraphs c. through n., do not apply to damage by fire, lightning, explosion, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. 3. Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions is amended as follows: Paragraph b.(1)(a)(ii) is deleted and replaced with the following: (ii) That is Fire, Lightning, Explosion, or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; or 4. Paragraph 9.a. under Section V - Definitions is deleted and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”; 5. This Broadened Coverage is subject to all the terms of Section III - Limits Of Insurance. 6. This Broadened Coverage does not apply if Fire Damage Liability of COVERAGE A (SECTION I) is excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part. E. BROADENED MEDICAL PAYMENTS 1. The following provision is added to Paragraph 2. of Section III - Limits Of Insurance: The Medical Expense Limit shall be the greater of: a. $20,000; or b. The amount shown in the Declarations for Medical Expense Limit. 2. This Medical Expense Limit is subject to all the terms of Section III - Limits Of Insurance. 3. This above Medical Expense Limit does not apply if Coverage C - Medical Payments is excluded either by the Declaration to this Coverage Part or by an endorsement to this Coverage Part. F. BROADENED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. under Supplementary Payments - Coverages A and B are deleted and replaced with the following: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit,” including actual loss of earni ngs up to $500 a day because of time off from work. G. BROADENED NEWLY ACQUIRED OR FORMED ORGANIZATION Paragraph 3.a under Section II - Who Is An Insured is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 120 th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. BROADENED NON-OWNED OR CHARTERED WATERCRAFT OR AIRCRAFT Exclusion 2.g. under Coverage A - Bodily Injury and Property Damage Liability is deleted and replaced by the following: g. “Bodily injury” or “property damage” arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, “auto,” or watercraft owned by or operated by, or rented or loaned to, any insured. Use includes operation and “loading or unloading”. Page 4 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission CG 83 91 12 19 This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; (3) 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; (4) Liability assumed under any “insured contract” for the ownership, maintenance, or use of aircraft, watercraft, or “autos”; or (5) “Bodily injury” or “property damage” arising out of the operation of any of the equipment listed in Paragraph f. (2) or f. (3) of Section V - Definitions, Paragraph 12., “Mobile Equipment”; or (6) An aircraft you do not own that is: (a) Hired, chartered, or loaned with a crew; and (b) Not owned in whole or in part by any insured. (7) This insurance does not apply, under Paragraph g.(1) and g.(2) above, if the insured has any other insurance for “bodily injury” or “property damage” which would also apply to loss covered under this provision, whether the other insurance is primary, excess, contingent, or on any other basis. (8) This insurance is excess, under Paragraph g.(6) above, over any other insurance, whether the other insurance is primary, excess, contingent or on any other basis. I. BROADENED COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Paragraph 2. Duties in The Event Of Occurrence, Offense, Claims Or Suit under Section IV - Commercial General Liability Conditions is amended to add the following provision: e. Your obligation to notify us as soon as practicable of an “occurrence,” or offense under Paragraph 2.a. above, or a claim or “suit” or offense under Paragraphs 2.a., 2.b., and 2.c above, is satisfied if you send us written notice as soon as practicable after any of your “executive officers,” directors, partners, insurance managers, or legal representatives becomes aware of, or should have become aware of, such “occurrence,” offense, claim or “suit.” 2. The following provisions are added to Section IV - Commercial General Liability Conditions: 10. Liberalization If we adopt any revision that would broaden the coverage under this coverage part without additional premium within 30 days prior to or during the policy period, the broadened coverage will immediately apply to this coverage part. 11. Notice To Company If you report an “occurrence” or offense to your Workers’ Compensation insurer which later becomes a claim under this Coverage Part, failure to report such “occurrence” or offense to us at the time of the “occurrence” or offense will not be considered a violation of the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition, if you notify us as soon as practicable when you become aware that the “occurrence” or offense has become a liability claim. J. AUTOMATIC COVERAGE FOR SPECIAL EVENTS 1. You are automatically covered for all “special events” which you organize, promote, administer, sponsor, or conduct during the term of this policy. 2. Section V - Definitions is amended to add the following paragraph: 23. “Special Event” means any event: a. The purpose of which is to raise funds for you; or b. To recognize the accomplishments of your organization, your “employees,” or your “volunteer workers”; or CG 83 91 12 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 8 c. Which you, or an individual or organization with whom you have entered into a contract or agreement, organize, promote, administer, sponsor, or conduct for the purposes described in Paragraphs a. or b. above; and d. Which takes place on premises owned by you, or on premises while rented or leased to you or to that organization described in Paragraph c. above. K. AUTOMATIC ADDITIONAL INSURED(S) The following provisions are added to Section II - Who Is An Insured: 4. Automatic Additional Insured(s) a. Additional Insureds - Athletic Activity Participants (1) This policy is amended to include as an insured any person(s) [hereinafter called Additional Insured(s)] representing you while participating in amateur athletic activities that you sponsor. However, no such person is an insured for: (a) “Medical expenses” under Coverage C - Medical Payments. (b) “Bodily Injury” to: (i) A co-participant, your “volunteer worker” or your “employee” while participating in amateur athletic activities that you sponsor; or (ii) You, or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company); or (c) “Property damage” to property owned by, occupied or used by, rented to , in the care, custody, or control of, or over which physical control is being exercised for any purpose by: (i) A co-participant, your “volunteer worker”, or your “employee”; or (ii) You, or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Additional Insured - Contractual Obligations (1) This policy is amended to include as an insured any person or organization (hereinafter called Additional Insured) that you are required by a written “insured contract” to include as an insured, subject to all of the following provisions: (a) Coverage is limited to liability arising out of: (1) Your ongoing operations performed for such Additional Insured; or (2) Such Additional Insured’s financial control of you; or (3) The maintenance, operation or use by you of equipment leased to you by such Additional Insured; or (4) A permit issued to you by a state or political subdivision. (b) Coverage does not apply to any “occurrence” or offense: (i) Which took place before the execution of, or subsequent to the completion or expiration of, the written “insured contract”; or (ii) Which takes place after you cease to be a tenant in that premises. (c) With respect to architects, engineers, or surveyors, coverage does not apply to “Bodily Injury,” “Property Damage,” “Personal Injury,” or “Advertising Injury” arising out of the rendering or the failure to render any professional services by or for you including: (i) The preparing, approving, or failing to approve or prepare maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (ii) Supervisory, inspection, or engineering services. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. Page 6 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission CG 83 91 12 19 (e) In the event that you are engaged in the manufacture or assembly of any goods or products for the benefit or at the direction of another party, pursuant to a contract or agreement with that party, this paragraph (e). does not extend coverage to that party as an Additional Insured. Coverage for such a party will be extended only by a specific endorsement issued by us and naming such party. c. Additional Insured - Funding Sources (1) This policy is amended to include as an insured any Funding Source (hereinafter called Additional Insured) which requires you in a written contract to name such Additional Insured but only with respect to liability arising out of your premises or “your work” for such Additional Insured, and only to the extent set forth as follows: (a) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all the terms, conditions and exclusions for this policy. The Limits of Insurance applicable to the Additional Insured are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (b) The coverage provided to the Additional Insured is not greater than that customarily provided by the policy forms specified in and required by the contract. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. d. Additional Insured - Manager or Lessor of Premises (1) This policy is amended to include as an insured any person or organization (hereinafter called Additional Insured) from whom you lease or rent your premises and which requires you to add such person or organization as an Additional Insured in this policy under: (a) A written contract; or (b) An oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an Additional Insured; but only if the written or oral agreement is an “insured contract”; (a) Currently in effect or to become effective during the term of this policy; and (b) Executed prior to the “bodily injury,” “property damage,” “personal injury”, or “advertising injury.” (2) With respect to the insurance afforded the Additional Insured identified in Paragraph d.(1) immediately above, the following additional provisions apply: (a) This insurance applies only to liability arising out of the ownership, maintenance, or use of that portion of the premises leased to you; (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the written contract or agreement or in the Declarations for this policy and subject to all this policy’s terms, conditions, and exclusions. The Limits of Insurance applicable to the Additional Insured are inclusive of, not in addition to, the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Part be increased by such contract or agreement. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (3) This insurance does not apply to: (a) Any “occurrence” or offense which takes place after you cease to be a tenant in the premises covered by this endorsement; or CG 83 91 12 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 (b) Structural alterations, new construction, or demolition operations performed by or on behalf of the Additional Insured. e. Additional Insured - Owner, Manager, Operator or Lessor of “Special Events” Premises (1) This policy is amended to include as an insured any person or organization (hereinafter called Additional Insured) from whom you lease, rent or occupy the premises upon which a “special event” is held, sponsored or conducted by you, or on your behalf, under: (a) A written contract; or (b) An oral agreement or contract where a Certificate of Insurance has been issued showing that person or organization as an Additional Insured; but only if the written or oral agreement is an “insured contract,” (i) Currently in effect or to become effective during the term of this policy; and (ii) Executed prior to the “bodily injury”, “property damage” or “personal and advertising injury”. (2) With respect to the insurance afforded the Additional Insured identified in Paragraph e. (1) of this endorsement, the following additional provisions apply: (a) This insurance applies only to liability arising out of the use of that portion of the premises while leased or rented to you for the specific “special event”; (b) The Limits of Insurance applicable to the Additional Insured are the lesser of those specified in the contract or agreement pertaining to the use of the premises or in the Declarations for this policy and subject to all of this policy’s terms, conditions, and exclusions. The Limits of Insurance applicable to the Additional Insured are inclusive of, not in addition to, the Limits of Insurance shown in the Declarations. (c) In no event shall the coverage or Limits of Insurance in this Coverage Form be increased by such contract or agreement. (d) Coverage provided herein shall be considered excess over any other valid and collectible insurance available to the Additional Insured whether that other insurance is primary, excess, contingent, or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (3) This insurance does not apply to: (a) Any “occurrence” or offense which takes place after you cease to be a tenant, licensee or occupant in the premises covered by this endorsement; or (b) Any acts or “occurrences” caused by or attributable to the owner, manager, operator, or lessor of the premises upon which the “special event” is held. f. Additional Insured - Supervisors or Higher in Rank (1) This policy is amended to include as insured any “employees” (hereinafter called Additional Insured), designated as supervisor or higher in rank, who are authorized by you to exercise direct or indirect supervision and control over “employees” and the manner in which work is performed, 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” designated as supervisor or higher in rank, is an insured for: (a) “Bodily injury” or “personal injury”: (i) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (ii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (a)(i) above; or (iii) Arising out of his or her providing or failing to provide professional health care services. (b) “Personal Injury”: (i) To a co-“employee” while in the course of his or her employment; (ii) To the spouse, child, parent, brother or sister of that co-“employee” as a consequence of Paragraph (b)(i) above; or Page 8 of 8 Includes copyrighted material of Insurance Services Office, Inc., with its permission CG 83 91 12 19 (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (b)(i) or (b)(ii) above. (c) “Property damage” to property: (i) Owned, occupied or used by; or (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 “employees,” any partner, or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). g. Additional Insured - LIMITATIONS (1) The persons, entities, or organizations to which coverage is extended under Paragraphs a. (Athletic Activity Participants), b. (Contractual Obligations), c. (Funding Sources), d. (Managers or Lessors of Premises), and e. (Owner, Manager, Operator, or Lessor of “Special Events” Premises) are Additional Insureds, but only: (a) With respect to each Additional Insured’s vicarious liability for “actual damages” solely caused by you or by “your work” that is ongoing for such Additional Insured’s supervision of “your work”; and (b) If the Additional Insured did not cause or contribute to the “occurrence” or act resulting in liability. (2) If an endorsement is attached to this policy and specifically names a person or organization as an Additional Insured, then the coverage extended under this paragraph 4. AUTOMATIC ADDITIONAL INSURED(S) does not apply to that person, entity, or organization. (3) The following is added to Section V - Definitions: 24. “Actual Damages” is to have its usual and customary legal meaning and excludes without limitation, punitive damages, restitution, penalties, and formula damages added to “actual damages” and any other enhanced damages. (4) All other terms and conditions of this Coverage Part which are not inconsistent with this Paragraph h. apply to coverage extended to the above referenced Additional Insureds REGARDLESS OF WHETHER OR NOT A COPY OF THIS COVERAGE PART AND/OR ITS ENDORSEMENTS ARE DELIVERED TO AN ADDITIONAL INSURED. L. BLANKET WAIVER OF SUBROGATION Paragraph 8. under Section IV - Commercial General Liability Conditions is deleted and replaced with the following: 8. Transfer of Rights Of Recovery Against Others To Us And Blanket Waiver Of Subrogation a. If an insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. b. If required by written “insured contract,” we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract for that person or organization and included in the “products-completed operations hazard.” M. PRIORITY OF APPLICATION FOR MULTIPLE INSUREDS Section III - Limits Of Insurance is amended to add the following paragraph: 8. In the event a claim or “suit” is brought against more than one insured, due to “bodily injury” or “property damage” from the same “occurrence,” or “personal injury,” or “advertising injury,” from the same offense, we will apply the Limits of Insurance in the following order: a. You; b. Your “executive officers,” directors, “employees,” and c. Any other insureds in any order that we choose. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. BUSINESS AUTO BROADENING ENDORSEMENT CA 83 40 12 14 Page 1 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies and is subject to the insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is only a summary of the additional coverages provided by this endorsement and is provided only for your reference and convenience. For the Limits of Insurance and the additional coverages provided by this endorsement, read the provisions on the following pages and the Coverage Form, which this endorsement modifies. The deductibles specified on your “auto” declarations page are applicable to these coverages unless a different deductible is indicated. If one or more of these coverages is provided by a specific endorsement, then the specific endorsement will apply. SUBJECTS OF INSURANCE Who Is An Insured 1. Broad Form Named Insured 2. Employees As Insureds 3. Volunteers As Insureds 4. Employee Hired Auto Broadened Liability Supplementary Payments 1. Bail Bonds - $3,000 2. Reasonable Expenses Incurred - $300 per day Physical Damage Coverage Amendments 1. Towing 2. Coverage Extensions a) Transportation Expenses b) Loss of Use Expenses c) Auto Loan/Lease Gap Coverage d) Personal Property Coverage e) Airbag Discharge 3. Hired Car Physical Damage 4. Rental Reimbursement Coverage 5. Audio, Visual and Data Electronic Equipment 6. Deductible Amendments a) 2 or more Autos b) Glass Deductible Business Auto Conditions Amendments 1. Knowledge of Occurrence 2. Blanket Waiver of Subrogation General Condition Amendment Unintentional Errors and Omissions The coverages listed in this endorsement are provided as extensions or additions to your insurance program. BUSINESS AUTO BROADENING ENDORSEMENT CA 83 40 12 14 Page 2 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. 1. Broad Form Named Insured The following is added to Section II – Liability Coverage, Paragraph A. 1. Who Is An Insured provision: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, 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: 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. e. Your Board Members (or their spouses) are an “insured” while operating an “auto” hired or rented under a contract or agreement in that Board Member’s or spouses name, with your permission, while performing duties related to the conduct of your business. 2. Employees As Insureds The following is added to Section II – Liability Coverage, Paragraph A. 1. Who Is An Insured provision: f. Any “employee” of yours is an “insured” while using a covered “auto” you don’t own, hire or borrow while performing duties related to the conduct of your business. 3. Volunteers As Insureds The following is added to Section II – Liability Coverage, Paragraph A. 1. Who Is An Insured provision: g. Anyone volunteering services to you is an “insured” while using a covered “auto” you don’t own, hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes that “auto” is also an “insured”. 4. Employee As Insured The following is added to Section II – Liability Coverage, Paragraph A. 1. Who Is An Insured provision: h. An “employee” of yours is an “insured” while operating an “auto” hired or rented under a contract or agreement in that “employee’s” name, with your permission, while performing duties related to the conduct of your business. 5. Broadened Liability Supplementary Payments The following replaces Section II – Liability Coverage, Paragraph A.2. Coverage Extensions, a. Supplementary Payments (2) and (4): (2) Up to $3000 for cost of bail bonds (including bonds for related traffic law violations) required because of an “accident” we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the “insured” at our request, including actual “loss” of earnings up to $300 a day because of time off from work. 6. Towing The following replaces Section III – Physical Damage Coverage, A. Coverage, Paragraph 2. Towing: We will pay up to $ 75 for towing and labor costs incurred each time a covered “auto” is disabled. However, the labor must be performed at the place of disablement. No deductible applies to this coverage. 7. Transportation Expenses The following replaces Section III – Physical Damage Coverage, 4. Coverage Extensions, a. Transportation Expenses: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered “auto” of the private passenger type. We will pay only for those covered “autos” for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the policy period and ending, regardless of the policy’s expiration, when the covered “auto” is returned to use or we pay for its “loss”. BUSINESS AUTO BROADENING ENDORSEMENT CA 83 40 12 14 Page 3 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. 8. Loss Of Use Expenses The following replaces Section III – Physical Damage Coverage, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses: For Hired Auto Physical Damage, we will pay expense for which an “insured” becomes legally responsible to pay for “loss” of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for “loss” of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered “auto”; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered “auto”; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered “auto”. However, the most we will pay for any expenses for loss of use is $80 per day, to a maximum of $800. 9. Auto Loan/Lease Gap Coverage The following is added to the Section III – Physical Damage Coverage, Paragraph 4. Coverage Extensions: c. Auto Loan/Lease Gap Coverage In the event of a total “loss” to a covered “auto” shown in the Schedule or Declarations, we will pay any unpaid amount due on the lease or loan for a covered “auto”, less: (1) The amount paid under the Physical Damage Coverage Section of the policy; and (2) Any: (a) Overdue lease/loan payments at the time of the “loss”; (b) Financial penalties imposed under a lease; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. 10. Personal Property Coverage The following is added to Section III – Physical Damage Coverage, A. Coverage, 4. Coverage Extensions. d. Personal Property Coverage We will pay up to $500 for loss to any personal property which is: (1) owned by an “insured”; and (2) in or on your covered “auto”. This coverage is applicable only in the event of a total theft of a covered “auto”. No deductible applies to this coverage. 11. Airbag Discharge The following is added to Section III – Physical Damage Coverage, A. Coverage, 4. Coverage Extensions. e. Airbag Discharge If there is an accidental discharge of an airbag in your covered “auto”, we will pay to have the airbag replaced. This extension is excess over any other collectible insurance or warranty. No deductible applies to this coverage. 12. Hired Car Physical Damage If this policy provides Comprehensive, Specified Causes of Loss or Collision Coverage, that coverage may be extended to hired “autos”. The coverage available to a hired “auto” will be equal to the broadest coverage shown on the Declarations available to any covered “auto”. The most we will pay for any one “accident” or “loss” is: BUSINESS AUTO BROADENING ENDORSEMENT CA 83 40 12 14 Page 4 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. (1) $40,000; or (2) The actual cash value or cost of repair of the damaged or stolen property. Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered “autos” you own: (1) Any covered “auto” you lease, hire, rent or borrow; and (2) Any covered “auto” hired or rented by your “employee” under a contract in that individual “employee’s” name, with your permission, while performing duties related to the conduct of your business. (3) Any covered “auto” hired or rented by your Board Members (or their spouses) under a contract in that individual Board Member’s (or spouses’) name, with your permission, while performing duties related to the conduct of your business. However, any “auto” that is leased, hired, rented or borrowed with a driver is not a covered auto. 13. Rental Reimbursement Coverage a. We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of “loss” to a covered “auto”. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered “auto”. No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period and ending, regardless of the policy’s expiration, with the lesser of the following number of days. (1) The number of days reasonably required to repair or replace the covered “auto”. If loss is caused by theft, this number of days is added to the number of days it takes to locate the covered “auto” and return it to you. (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) $50 per day. d. This coverage does not apply while there are spare or reserve autos available to you for your operations. e. If “loss” results from the total theft of a covered “auto” of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Section III – Physical Damage Coverage, 4. Coverage Extensions, a. Transportation Expenses. 14. Audio, Visual And Data Electronic Equipment We will pay with respect to a covered “auto” for “loss” to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered auto at the time of the loss or the equipment is removable from a housing unit which is permanently installed in the covered “auto” at the time of the “loss”, and such equipment is designed to be solely operated by use of the power from the “auto” electrical system, in or upon the covered “auto”. The most we will pay for “loss” to audio, visual or data electronic equipment as a result of any one “accident” is the lessor of: a. The actual cash value of the damaged or stolen property as of the time of the “loss”; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $400. This coverage does not apply if there is other coverage provided under this policy for the above described audio, visual and data electronic equipment. We will pay any deductible, up to $400, that is applicable to the other coverage. BUSINESS AUTO BROADENING ENDORSEMENT THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. CA 83 40 12 14 Page 5 of 5 Includes copyrighted material of Insurance Services Inc. used with its permission. No deductible applies to this coverage. 15. Deductible Amendment The following is added to Section III – Physical Damage Coverage, A. Coverage, Paragraph D. Deductible. In the event that a “loss” from one “accident” involves two or more covered “autos”, only the largest applicable deductible for Comprehensive, Specified Causes Of Loss, or Collision coverage will apply. This provision applies only to those “autos” designated in the Schedule or Declarations to have Comprehensive, Specified Causes Of Loss, or Collision coverage. 16. Glass Deductible The following is added to Section III – Physical Damage Coverage, Paragraph D. Deductible. No deductible applies to “loss” to glass used in the windshield, doors or windows of a covered “auto”. 17. Knowledge Of Occurrence The following replaces Section IV – Business Auto Conditions, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. a. In the event of “accident”, “claim”, “suit” or “loss”, you must give us or our authorized representative prompt notice of the “accident” or “loss”. Include: (1) How, when and where the “accident” or “loss” occurred; (2) The “insured’s” name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your obligation to provide prompt notice to us is satisfied if you send us notice as soon as practicable after: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; (5) Your elected or appointed officials, trustees, board members, or your insurance manager, if you are an organization other than a partnership, joint venture, or limited liability company; becomes aware of, or should have become aware of such “accident”, “claim”, “suit” or “loss”. 18. Blanket Waiver Of Subrogation The following is added to Section IV – Business Auto Conditions, A. Loss Conditions. 6. If required by written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for “bodily injury” or “property damage” caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto”. 19. Unintentional Errors And Omissions The following is added to Section IV – Business Auto Conditions, B. General Condition, 2. Concealment, Misrepresentation Or Fraud. However, if you should unintentionally misrepresent or conceal information to us at any time, we will not deny coverage under this policy based on this unintentional error or omission. This provision does not affect our right to cancel or non-renew your coverage or collect additional premium for any added exposures. This page has been left blank intentionally.