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HomeMy WebLinkAbout6641 DocuSign Envelope ID: 1B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 TOURISM PROMOTION SERVICES AGREEMENT The City of Bremerton ("City") and Roxy Theatre Foundation ("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: L Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. The event(s) promoted by Organization must occur within the agreement Term, unless otherwise agreed to in writing by the City. IL Term: This agreement shall commence on January 1, 2024 and shall continue in full force and effect until December 31, 2024 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Twelve Thousand Five Hundred dollars and zero cents. ($12,500.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. A. Payment will be released when the following has been fulfilled: I. The Organization shall submit monthly billing invoices, by the 15th of the month following the end of the month or quarter in which services were performed, detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including the attached reporting form for the reimbursement period with measurable results as required by RCW 67.28.1816 (2). II. The Organization will provide proof of insurance, agree to the use of Automated Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business license. B. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Sample of a conforming invoices and support is provided in Exhibit B. L Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 1 of 6 DocuSign Envelope ID: 1B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 invoices by January 10th, 2025 after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. C. The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indenmification: Organization shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 2 of 6 DocuSign Envelope ID: 1B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $1,000,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $1,000,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested per Exhibit B. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 3 of 6 DocuSign Envelope ID: 1B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Contracts Administrator Organization Address City of Bremerton Roxy Theatre Foundation 345 6th Street, Suite 100 270 4th Street Bremerton, WA 98337 Bremerton, WA 98337 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 4 of 6 DocuSign Envelope ID: 1 B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON Roxy Theatre Foundation DocuSigned by: Aut. Ku,/ IlAiditaf6a6t- EC-B-70S95-TF4-4 By: Mike Riley By: Michael H. Goodnow its: Finance Director its:Executive Director Date: 1/29/2024 Date:January 23, 2024 Approved as to form: Attest: Doc1±14'4,61/a uSigned by: DocuSigned by: Koala S �6,awue, RSOIA, 5�-eB-EE83-8-1-B-04-62... 84C 8'+ee-&&B34E3... Kylie Finnell, Bremerton City Attorney City Clerk,Angela Hoover Stephanie Olson Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 5 of 6 DocuSign Envelope ID: 1B035FF4-F998-4D4D-9CB1-0113DF6A9CA7 EXHIBIT A Scope of Services Roxy Theatre Foundation will operate the Historic Roxy Theatre and provide marketing for events and attract tourism to the City of Bremerton. Roxy Theatre Foundation will provide marketing for 24 events in 2024 in collaboration with local non-profits including the Collective Visions Gallery 2024 Tourism campaign, the Bremerton Symphony 2024 events, the West Sound Film Festival and the Greater Kitsap Chamber of Commerce. Marketing of these events include online and print formats. Bremerton/Year (2024) Lodging Tax Awardee Organizational Name (Roxy Theatre) Page 6 of 6 EXHIBIT B CITY OF BREMERTON LODGING TAX WORKSHEET The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year. Your organization received lodging tax funds for 2024. Please complete this form and return to the City no later than March 1, 2025. If you have any questions or concerns please contact Melinda Monroe, Contracts Administrator at (360)473-5306 or by email at Melinda.monroe@ci.bremerton.wa.us. Organization: Date: Click here to enter a date. Completed By: Email: Teleph• ACTIVITY Activity Name Type ❑ Event/Festival Start Click here to enter E Facility a date. Total Cost of Activity E Marketing End Click here to enter a date. ATTENDEE ESTIMATES Projected Actual Methodology _ HI Overall Attendance Choose an item. Attendees who traveled 50 miles or more to attend: Total __ r Of Total, attendees who traveled from another state item. or country Attendees who stayed overnight: Paid accommodations Choose an item. Unpaid accommodations Choose an item. Paid Lodging nights -" r I certify that the above reporting numbers is in compliance with RCW 67.28.1816 (2) and agree that discrepancies discovered may prevent reimbursement or disbursement of awarded lodging tax funds or the recapture of disbursement of funds. Name,Title Date PLEASE RETURN COMPLETED WORKSHEET WITH EACH REIMBURSEMENT REQUEST AND YOUR FINAL REPORT NO LATER THAN MARCH 1,2025 Please return to Melinda Monroe at melinda.monroe@cLbremerton.wa.us or fax(360)473-5200. EXHIBIT B Clear Form CITY OF BREMERTON LODGING TAX FUND REIMBURSEMENT REQUEST FORM Date CITY pc EF.EMERTON Contract No. Total Award Amount Organization Name Mailing address Contact Name: Phone:) email: Date of Service Event/Program Title J Please list your expenses below, attach copies of matching receipts. If more space is needed please use page 2 of this form. Total Request: 0.00 Tourism Funding Recipient Name(printed): Tourism Funding Recipient Signature: Date: •Icertify under penalty of perjury,the information contained in this request for reimbursement istrueand correct:I am authorizedtocertify andsubmit this request;and lam requesting reimbursement of money I actually spend for the project or erentasdescribed in the applicationandoontract withtheCity of Bremerton. Please return form along with copies of supporting invoices and receipts to: City of Bremerton Contracts Administrator 346 6th Street,Ste 100 Bremerton,WA98337-1873 Form B.3 2019 Page 1 O LOD N TAX FUND BREMERTON LDDIN6TAJ{ F REIMBURSEMENT REQUEST FORM Date CITY OF BREMERTON Contract No. Organization Name Please list your expenses below, attach copies of matching receipts. Para'8.'2019 P 3?e 2 ACØRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mark W Maberry y Kuresman Insurance PHONE /C N o,Ext): (3 60)6 92-6131 FAX A C,No): (360)692-6187 9307 Bay Shore Dr NW ADDRE-MAESS: markm@kuresmanins.com Ste 101 INSURER(S) AFFORDING COVERAGE NAIC# Silverdale WA 98383-8350 INSURER A:UNITED STATES LIABILITY INSURANCE COMPI INSURED INSURER B: ROXY BREMERTON, DBA: ROXY THEATER INSURER C: 270 4TH STREEET INSURER D: INSURER E: BREMERTON WA 98337 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2412512898 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES PREMISES (Ea occurrence) $ X Y NPP2583799A 9/30/2023 9/30/2024 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 PRO- JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS NPP2583799A 9/30/2023 9/30/2024 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE X ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? A (Mandatory in NH) NPP2583799A 9/30/2023 9/30/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A LIQUOR LIABILILTY LQ 2008512A 9/30/2023 9/30/2024 EACH COMMON CAUSE $1,000,000 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: 268-274 4TH STREET BREMERTON, WA 98337 (ROXY THEATER) THE CITY OF BREMERTON IS LISTED AS ADDITIONAL INSURED FOR GENERAL LIABILITY PER L 744 NPP (06-10) . INSURANCE IS PRIMARY AND NON CONTRIBUTORY PER L766 (04-15) . WAIVER OF SUBROGATION FOR GENERAL LIABILITY PER CG2404 (05/09) . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF BREMERTON THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ATTN RISK MANAGER ACCORDANCE WITH THE POLICY PROVISIONS. 345 6TH STREET BREMERTON, WA 98337 AUTHORIZED REPRESENTATIVE Y � '� y Mark Maberry/MWM i���' __ -. I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: NPP2583799A COMMERCIAL GENERAL LIABILITY • CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: Effective Date: 09/30/2023 CITY OF BREMERTON 345 6TH STREET,STE 500 BREMERTON,WA 98337 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 UNITED STATES LIABILITY INSURANCE GROUP WAYNE, PENNSYLVANIA This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BLANKET ADDITIONAL INSURED ENDORSEMENT Section II—Who Is An Insured is amended to include as an insured any person, entity or organization that is: 1. A franchisor under a franchise agreement with the Named Insured as franchisee relating to"your work"; or 2. A licensor under a license agreement with the Named Insured as licensee relating to "your work"; or 3. A co-owner with the Named Insured in premises used for"your work"; or 4. A majority owner with a controlling interest in the Named Insured but only with respect to liability arising out of such owner's(i) fmancial or operational control of the Named Insured;or(ii) ownership, maintenance or use of premises leased or occupied by the Named Insured for purposes of"your work";or 5. A mortgagee, assignee or receiver of the Named Insured relating to"your work"; or 6. A lessor, or an agent of a lessor,under a lease agreement with the Named Insured as lessee relating to "your work"; or 7. A grantor of a permit to the Named Insured as permitee relating to "your work". However, if the grantor of a permit is a federal, state or local government or political subdivision,there is coverage under this endorsement only for liability arising from: a. The existence, maintenance,repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance; or 8. A lessor of equipment leased to the Named Insured relating to "your work"; or 9. A contributor,benefactor, or supporter who provides financial assistance to the Named Insured in connection with"your work"; but only to the extent the Named Insured is required to add such person, entity or organization as an additional insured to this policy under a written contract,written permit or written agreement relating to "your work". Such person, entity or organization is an insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"that is caused, in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf in connection with"your work"while such written contract,written permit or written agreement is in effect. L 744 NPP(06-10) Page 1 of 2 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Primary And Non-Contributory - Written Contract Schedule: Effective Date: 09/30/2023 Name of Person or Organization: CITY OF BREMERTON 345 6TH STREET,STE 500 BREMERTON,WA 98337 (If no entry appears above,the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.OTHER INSURANCE, a.Primary Insurance is amended with the addition of the following: The coverage afforded by this policy to the person(s)or organization(s)listed above is primary and non- contributory if: 1. This insurance is required to be primary and non-contributory under a written contract; and 2. The loss to be covered occurs on or after the effective date of the written contract; and 3. The loss to be covered resulted solely and exclusively from your ongoing acts or omissions or the ongoing acts or omissions of those acting on your behalf in performing"your work"under a written contract referred to above. 4. The person(s) or organization(s)is an additional insured under this policy. However,the coverage provided by this endorsement does not apply to any coverage provided for an "auto" on a "non-owned auto", "hired auto",uninsured motorists coverage,underinsured motorists coverage,personal injury protection,property protection or similar no-fault coverage by whatever name called and/or an "auto" coverage of any type. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 776 (04-15) Page 2 of 2 EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for"bodily injury", `property damage"or"personal and advertising injury": 1. That occurs after all of"your work",including materials,parts or equipment furnished in connection with"your work" and performed under a written contract,written permit or written agreement has ended; or When that portion of"your work"out of which the"bodily injury", "property damage" or "personal and advertising injury" arises and performed under a written contract,written permit or written agreement has been put to its intended use by any person(s) or organization(s); whichever occurs first. 2. Arising directly or indirectly from construction or demolition operations of any kind performed by you. 3. Caused or alleged to be caused by the sole negligence of an additional insured under this endorsement. 4. Arising out of"your work"performed for a federal, state or local government or political subdivision under a written permit. 5. Included within the"products-completed operations hazard". CONDITIONS Coverage provided by this endorsement will be excess over any insurance available to any additional insured under this endorsement unless a written contract,written permit or written agreement specifically requires that coverage under this endorsement is primary. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 744 NPP(06-10) Page 2 of 2