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15-076.00 Evergreen Region Volleyball Association is- 07( AGREEMENT FOR RECREATIONAL SERVICES Evergreen Region Volleyball Association THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Evergreen Region Volleyball Association,hereinafter"Contracting Entity" or"the Association",jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contracting Entity shall provide all labor,services and material to satisfactorily complete the attached Scope of Services listed in Exhibit A. A.Administration. The Parks and Recreation Director or designee shall administer and be the primary contact for Contracting Entity. Prior to commencement of work,Contracting Entity shall contact the Director of Parks and Recreation or designee to review the Exhibit A and its requirements. Upon notice from the Parks and Recreation Director or designee,Contracting Entity shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B.Representations. The City has relied upon the qualifications of Contracting Entity in entering into this Agreement. By execution of this Agreement,Contracting Entity represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of the City. Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Contracting Entity shall be responsible for the technical accuracy of its services and documents resulting therefrom,and City shall not be responsible for discovering deficiencies therein.Contracting Entity shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Contracting Entity shall exercise the degree of skill and diligence normally employed by architects,professional engineers or consultants performing the same or similar services at the time such services are performed. D. Modifications. The City may modify this Agreement and order changes in the work whenever necessary or advisable. Contracting Entity will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Contracting Entity shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract. This Agreement shall begin on May 15,2015,and terminate on December 31,2016. The Director of Parks&Recreation may extend this Agreement for up to two additional two-year terms. Any extension shall be conditioned on ERVA's compliance with these contract terms. Agreement for Recreational Services—Evergreen Region Volleyball Association Page I of 6 Either party may terminate this Agreement for material breach after providing the other party with at least ten days'prior notice and an opportunity to cure the breach. The City may,in addition,terminate this Agreement for any reason by ten days'written notice to Contracting Entity. In the event of termination without breach,the City shall pay Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. In consideration for the use of the sand volleyball courts and for the operation and management of the City sand volleyball program,the Association shall pay the City the following amounts for the initial term: A. The Association shall pay the City an annual amount of$2,000.00 beginning in 2016,with payments due no later than 4:00 p.m. on March 31,June 30, September 30, and December 31. The annual fee may be reviewed by the City at the beginning of any renewal terms. B. The Association shall pay the City$100 per month for the months of May through September for usage of the City-provided dumpster for event waste. Payments shall be made monthly. C. The Association shall remit payments to the City within 10 days after receipt of the itemized statement. Interest on late payments shall be charged a late fee of one percent per month. 4. Payment.Not applicable, covered in Paragraph 3 already. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTING ENTITY: Name: Christine Bainbridge,City Clerk Name: Evergreen Region Volleyball Association Phone Number: (509)921-1000 Phone Number: (509)290-5552 Address: 11707 East Sprague Ave, Suite 106 Address: 608 West. 2nd Avenue, Suite 301 Spokane Valley, WA 99206 Spokane, WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its designs, construction documents,and services shall confirm to all federal, state and local statutes and regulations. 7. Relationship of the Parties. It is understood, agreed and declared that Contracting Entity shall be an independent contractor,and not the agent or employee of the City,that the City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contracting Entity. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of Contracting Entity. Contracting Entity shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 8. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contracting Entity under this Agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall, unless otherwise provided,be deemed the property of the City. The City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. The City shall have unrestricted authority to publish,disclose, distribute and otherwise use,in whole or in part,any reports,data,drawings,images or other material prepared Agreement for Recreational Services—Evergreen Region Volleyball Association Page 2 of 6 under this Agreement,provided that the Contracting Entity shall have no liability for the use of the Contracting Entity's work product outside of the scope of its intended purpose. 9.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contracting Entity's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 10. Insurance. Contracting Entity shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to City real property which may arise from or in connection with the performance of the work hereunder by Contracting Entity, its agents,representatives,employees or subcontractors. A. Minimum Scope of Insurance. Contracting Entity shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. If use of vehicles pursuant to the Agreement is only incidental, and Contracting Entity will not transport any persons not directly related or affiliated with Contracting Entity,then Contracting Entity is only required to have automobile liability insurance to meet at least minimum Washington state requirements. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, employee actions and personal injury and advertising injury. The City shall be named as an additional insured under Contracting Entity's commercial general liability insurance policy with respect to the work performed for the City. In the event the Contracting Entity contracts with any subcontractors for any reason,Contracting Entity shall ensure that any such subcontractors have insurance meeting the requirements of this subsection. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contracting Entity shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. If Contracting Entity will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: Agreement for Recreational Services—Evergreen Region Volleyball Association Page 3 of 6 1.Contracting Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of Contracting Entity's insurance and shall not contribute with it. 2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within 10 business days of receipt by Contracting Entity. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contracting Entity shall furnish acceptable insurance certificates to the City at the time Contracting Entity returns the signed Agreement. The certificate shall specify all of the Parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. Contracting Entity shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 11. Indemnification and Hold Harmless. Contracting Entity and the City shall, each at its sole expense, defend,indemnify and hold harmless the other Party and its officers,agents,and employees,from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by the other Party, or the Parties agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contracting Entity's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contracting Entity's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Contracting Entity,Contracting Entity's agents,subcontractors,subconsultants and employees,shall apply only to the extent of the negligence of Contracting Entity, Contracting Entity's agents, subcontractors, subconsultants and employees. Contracting Entity specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable to or for any third party under workers'compensation acts,disability benefit acts,or other employee benefits acts. Provided, that Contracting Entity's waiver of immunity under this provision extends only to claims against Contracting Entity by City,and does not include,or extend to,any claims by Contracting Entity's employees directly against Contracting Entity. Contracting Entity hereby certifies that this indemnification provision was mutually negotiated. 12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy Agreement for Recreational Services—Evergreen Region Volleyball Association Page 4 of 6 provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts. Except as otherwise provided herein,Contracting Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 15. Confidentiality. Contracting Entity may,from time to time,receive information which is deemed by the City to be confidential. Contracting Entity shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Contracting Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Contracting Entity agrees that it may,at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of,or that are related to Contracting Entity's services under this Agreement. Contracting Entity further agrees that the Arbitrator(s)decision therein shall be final and binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction thereof 17. Cost and Attorney's Fees. Each party shall pay its own attorney fees or other costs relating to any dispute arising out of this Agreement, including litigation,mediation, or arbitration,without limitation. 18. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 19.Anti-kickback. No officer or employee of the City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 20. Business Registration. Prior to commencement of work under this Agreement,Contracting Entity shall register with the City as a business. 21. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 22. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Services 2. Insurance Certificates The Parties have executed this Agreement this , .,yday of May,2015. Agreement for Recreational Services—Evergreen Region Volleyball Association Page 5 of 6 ' CITY OF SPOKANE VALLEY Contracting Entity:ZAn IL,i i i4 . cavv, 1 /J B Mike Ja son, Cirnager y: Its: Authorized Representative ATTES •• APPROVED AS TO FORM: 47 V „ O ,'''r`I / /' hristine Bainbri ge, City Clerk _--.. Office the Ci ttorney Agreement for Recreational Services—Evergreen Region Volleyball Association Page 6 of 6 Exhibit A Premises A. Browns Park is a City neighborhood park. At all times during this Agreement, the park shall be kept open and accessible to park users other than volleyball players. The Association shall: 1) Provide volleyball standards and nets for all sand volleyball courts at Browns Park for the duration of the agreement. 2) Maintain, repair and keep in reasonably safe, playable condition the sand volleyball courts during the outdoor volleyball season for the duration of this Agreement. B. The City hereby grants to the Association: 1) The right to assign sand volleyball courts for matches and tournaments at Browns Park and 2) Management and oversight of sand volleyball courts at Browns Park. C. The Association shall do all court assignments for a use by a wide range of user groups for camps, exhibitions, leagues and tournaments. User groups include, but are not limited to: ERVA, USA Volleyball, Adults, Youth, Collegiate, etc. The Association is encouraged to maintain an equal balance of court users. The City reserves the right to work with the Association on this issue should challenges arise. D. Lessee shall provide the Parks and Recreation Department by April 30 of each year a schedule of its proposed events, tournaments, league play, and trainings at Browns Park for the upcoming season. A master schedule shall be submitted by May 1 for each year. The Parks and Recreation Department may permit a reasonable deviation from the schedule, when requested by the Association. City will review the master list of assignments for compliance and shall timely notify the Association in writing of any objections it has. The City retains the right to final determination of whether a deviation is appropriate. E. The sand volleyball courts shall be used for sports activities, scheduled by the Association, and for no other purposes without the prior written consent of the Parks and Recreation Department. The Association shall have the primary use of the sand volleyball courts for this purpose, provided,the City may allow other general or specific uses or activities on all or a portion of sand volleyball courts during those times that all or a portion of the sand volleyball courts are not scheduled for use by the Association. The Association shall submit a schedule annually for its use of the sand volleyball courts. Any changes to this schedule shall be mutually agreed to in writing by the Director of Parks and Recreation and the Association. The City shall submit a schedule of proposed uses that the Association shall attempt to accommodate. If unable to accommodate the City's proposed schedule, the Association shall notify the City. The City shall have the ultimate authority regarding scheduling in the event of a conflict. Both parties agree that while the sand volleyball courts are under the Association's management, neither party shall permit any use thereof which would interfere with the use by the other party for recreational 1 purposes. F. The Association shall not use the sand volleyball courts for any illegal purposes. G. The Association shall comply with all applicable laws and regulations relating to its use of the sand volleyball courts. H. The Association is required to provide a listing of personnel and their responsibilities for the sand volleyball program to the Director of Parks and Recreation by April 1 of each year. I. The Association is not allowed to have any vendors than listed below on site during events unless written approval of said vendors is provided by the City in advance of the event. This exhibit specifically allows one vendor for food and beverages and one volleyball related merchandise vendor during the events presented by the Association. J. Written authorizations are required by the City for the placing on site of any additional or temporary facilities, structures, etc. by the Association. The placement of a POD storage unit and the use of temporary shelters during scheduled events are specifically allowed. K. The Association is required to provide an annual report to the Director of Parks and Recreation by November 1 of each year detailing the number of teams, matches, tournaments, revenue, and expenses for the season being concluded. 2 i DATE:15/14/2015 CERTIFICATE OF INSURANCE --- - --- __- CERTIFICATE NUMBER:j 20140828273391 AGENCY — —. — — — ESIX 3 LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND d/b/a Entertainment&Sports Insurance eXperts(ESIX) CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES d/b/a Entertainment and Sports Insurance Agency(California) BNOT ELOW. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 2727 Paces Ferry Road,Building Two,Suite 1500 Atlanta,GA 30339 678-324-3300(Telephone) 678-324-3303(Facsimile) NAMED INSURED: I INSURERS AFFORDING COVERAGE: USA Volleyball(National Office) Evergreen Region Volleyball(ERVA) 4065 Sinton Road,Suite 200 608 W.2nd Ave Ste 301 j INSURER A: Greenwich Insurance Company Colorado Springs CO 80907 Spokane WA 99201 �. � s a�bn �xmRW__., ;POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY I REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE I INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE I LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. j INS I TYPE OF INSURANCE: I NUMBER(S):I EFFECTIVE: '. EXPIRES: !LIMITS: - ------------------ I ---A LGENERAL LIABILITY ASG0895720 9/1/2014 I 9/1/2015 GENERAL AGGREGATE(Applies Per Event) $5,000,000 X Occurrence 112:01 AM 112:01 AM X Participant Legal LiabilityI EACH OCCURRENCE -- �� $1,000,000 1 ; i DAMAGE TO RENTED PREMISES(Each Occ.) $1,000,000 MEDICAL EXPENSE(Any one person) EXCLUDED PERSONAL&ADV INJURY $1,000,000 PRODUCTS-COMP/OP AGG $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: i The certificate holder is an additional insured,as required by written contract or written agreement,but only for the liability arising out of the negligence of the named insured as respects to sanctioned USAV and Regional Volleyball Association events,effective the date of this certificate issuance. All participants must be registered with a regional volleyball association in order for coverage to apply. No coverage will apply for regions and clubs for events I conducted in which all participants are not USAV members. I Coverage is available under Participant Accident policy#SRG0009111239-A with National Union Fire Insurance Company of Pittsburgh on file with the policyholder- 1 Accident Medical Coverage$25,000,deductible$250-Accidental Death&Dismemberment$10,000.Policy effective date:September 1,2014/Policy expiration date: ! September 1,2015. I � CERTIFICATE HOLDER: !NOTICE OF CANCELLATION: ---- -- -- -- —— — -- — .— — — -- — I City of Spokane Valley Parks&Recreation I Should any of the above described policies be cancelled before the expiration date thereof, 2426 N.Discovery Place I notice will be delivered in accordance with the policy provisions. Browns Park Sand Courts IAUTHORIZED REPRESENTATIVE: Spokane Valley WA 99216 — —— -- — — ——-- I F 1 � ( I For Roadside Assistance: 800-531-8555 Report a claim, get coverage and deductible information, request a tow from the accident scene, schedule an appraisal or reserve a rental car using: • usaa.com, • USAA's Mobile App, or ▪ By calling 210-531-USAA=(8722), our mobile phone shortcut number #8722 or 800-531-USAA. 11/01/14 Automobile Insurance Identification Card This identification card is evidence of liability insurance for your vehicle. The card is valid only as long as liability insurance remains in force. You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's license, following an accident or upon a law enforcement officer's request. Keep a copy of the ID card in your vehicle at 'all times. For your convenience, additional copies are available on usaa.com. FWA1 Rev. 06-13 50821-0513_01 WASHINGTON INSURANCE IDENTIFICATION CARD USAA CASUALTY INSURANCE COMPANY NAME OF INSURED LINDSAY M CALLAGHAN POLICY-NUMBER-7 --00552.6081C__.: _. 7.101 4 EFFECTIVE DATE 10/15/14 EXPIRATION DATE 10/15/15 VEHICLE DESCRIPTION YEAR MAKE/MODEL 2008 TOYOTA 4RUNNER VEHICLE IDENTIFICATION NUMBER JTEBT14R58K006015 9800 Fredericksburg Road San Antonio, Texas 78288 Additional copies available at usaa.com CONTACT US:210-531-USAA(8722) OR 800-531-USAA RECEIVE; 41 IG•-01c, SEP 103 20th DATE ;9/6/2016 CERTIFICATE OF INSURANCE -W _ a CERTIFICATE NUMBER:;20160901463866 ` IPARKS & .AGENCY: ESIX 3 LLC ; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ' CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES ' d/b/a Entertainment&Sports Insurance eXperts(ESIX) I NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES d/b/a Entertainment and Sports Insurance Agency(California) 2727 Paces Ferry Road,Building Two,Suite 1500 I BELOW. 1 Atlanta,GA 30339 i 678-324-3300(Telephone) 678-324-3303(Facsimile) ._._.. NAMED INSURED: I INSURERS AFFORDING COVERAGE: .USA Volleyball(National Office) Evergreen Region Volleyball(ERVA) INSURER A: Greenwich Ins.Co.NAIC#: 4065 Sinton Road,Suite 200 608 W.2nd Ave Ste 301 22322 Colorado Springs CO 80907 Spokane WA 99201 ;POLICY/COVERAGE INFORMATION: 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.AGGREGATE • LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE POLICY NUMBER(S): EFFECTIVE: j EXPIRES LIMITS: A GENERAL LIABILITY ' X Occurrence IASG089572002 9/1/2016 9/1/2017 GENERAL AGGREGATE(Applies Per Event) $5,000 000 [12:01 AM 12:01 AM 1 X Participant Legal Liability i EACH OCCURRENCE $1,000,000 ! DAMAGE TO RENTED PREMISES(Each Occ.) - $1,000,000 i MEDICAL EXPENSE(Any one person) EXCLUDED 1 PERSONAL&ADV INJURY _ $1,000,000 i 1 PRODUCTS-COMP/OP AGG $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS: i The certificate holder is an additional insured as per form GXAL431 (09/13): Additional Insured - Designated Person or Organization Written Contract or Written Agreement,but only with respects to USAV and Regional Volleyball Association sanctioned events,effective the date of this certificate issuance. i All participants must be registered with a regional volleyball association in order for coverage to apply. No coverage will apply for regions and clubs for events ( conducted in which all participants are not USAV members. I The General Liability Policy includes$1,000,000 Each Occurrence/$2,000,000 Aggregate of Sexual Abuse and Molestation coverage. i Coverage is available under a Participant Accident policy#9907-8534 with Federal Insurance Company on file with the policyholder-Accident Medical Coverage 1 $25,000,deductible$250-Accidental Death&Dismemberment$10,000.Policy effective date:September 1,2016/Policy expiration date:September 1,2017. I 1 - •'" OF CANCELLATION:NfOTICE •CERTIFICATE HOLDER: ----- ---i City of Spokane Valley Parks&Recreation Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. ! 2426 N.Discovery Place _ _...._ ' Browns Park Sand Courts AUTHORIZED REPRESENTATIVE: Spokane Valley WA 99216 ! 1 15- ORo. OO avd..OI PRINT DATE: 9/10/2018 1 CERTIFICATE OF INSURANCE L.1.„,i. a V L.L CERTIFICATE NUMBER:120180823633251 1AGENCY:-- — — — _. EF - 14_21;0l- --- _- ---- -I Integro USA Inc. MATTER OF INFORMATION ONLY AND i d/b/a Integro Insurance Brokers ------ - ----------- ---- ---------- CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEHIS CERTIFICATE DOES 2727 Paces Ferry Road,Building Two,Suite 15 PNOT E oW END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES I Atlanta,GA 30339 --' if 1 678-324-3300(Phone),678-324-3303(Fax) —{, INAMED INSURED: ^^� [SURERS AFFORDING COVERAGE_ f USA Volleyball(National Office) Evergreen Region Volleyball(ERVA) INSURER A Arch Insurance Company NAIC#:11150 4065 Sinton Road,Suite 200 7 S.Howard St,Suite 418 Colorado Springs CO 80907 Spokane WA 99201 INSURER B:Arch Insurance Company NAIC#:11150 POLICY/COVERAGE INFORMATION: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY I 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE: `POLICY NUMBER(S): EFFECTIVE: EXPIRES: `LIMITS: A GENERAL LIABILITY _ X Occurrence SBCGL0348301 9/1/2018 19/1/2019 'GENERAL AGGREGATE(Applies Per Event) $5,000,000 12:01 AM ,12:01 AM — --------_-- --- --—_ __ . I X Participant Legal Liability ( EACH OCCURRENCE _ _ T — $1,000,000 1 DAMAGE TO RENTED PREMISES(Each Occ.) $1,000,000 #4 MEDICAL EXPENSE(Any one person) EXCLUDED PERSONAL&ADV INJURY !—� $1,000,000 1 1 PRODUCTS-COMP/OP AGG $5,000,000 I — —--1 B UMBRELLA/EXCESS LIABILITY SBFXS0050501 9/1/2018 9/1/2019 X Occurrence EACH OCCURRENCE $5,000,000 -------- 12:01 AM 12:01 AM ( -------- -- — — ! AGGREGATE(Applies Per Event) $5,000,000 IDESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAS:L PROVISION —_A 4 The certificate holder is an additional insured,effective the date of this certificate issuance,as per form 00 SGL002900(10/16):Additional Insured-Designated Person I or Organization Written Contract or Written Agreement,but only with respects to USA Volleyball(USAV)and Regional Volleyball Association(RVA)sanctioned events. No coverage will apply for RVAs and RVA clubs for events conducted in which all participants are not registered with USAV. The General Liability Policy includes$1,000,000 Each Occurrence/$2,000,000 Aggregate of Sexual Abuse and Molestation coverage. lCoverage is available under a Participant Accident policy#9907-8534 with Federal Insurance Company on file with the policyholder-Accident Medical Coverage ,$25,000,deductible$250-Accidental Death&Dismemberment$10,000.Policy effective date:September 1,2018/Policy expiration date:September 1,2019. iii CERTIFICATE HOLDER:— —-___ _- ., —}_ — T—''NOTICE OF CANCELLATION: ---- — _ —�—— — City of SpokaneShould any of the above described policies be cancelled before the expiration date thereof, 2426 N.Discovery Place Parks&Recreation notice will be delivered In accordance with the policy provisions. Browns Park Sand Courts AUTHORIZED REPRESENTATIVE: i_ _ Spokane Valley WA 99216 ""— C �V�#s.,A-__----- at rs-o74.0o /"Th UNITSTA-01 •02- AJOLLY f►`ORO' CERTIFICATE OF LIABILITY INSURANCE DATEn17/nnD20YYVY) ls THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS - CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - -- - - - - 2NTFACT Shannon Ulrich Spokane Office - PHONE I FAX Paynewest Insurance,Inc. IAm,No.Eat). INC,Nu 501 N.Riverpoint Blvd.,Ste 403 ;; II ansae.suldch(rDpaynoweatcom Spokane,WA 99202 INSURERISI AFFORDING COVERAGE NAIC/I INSURER A:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: United States Volleyball Association INSURER C: Evergreen Region 7 S Howard St Ste 416 INSURER D: Spokane,WA 99201-3816 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR PONCY EFF 1 POLICY EXP LIMITSLTR TYPE OF INSURANCE jUMWso UMW POLICY NUMBER IMM!OffYYY1,IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR X PHPK1997809 6/14/2019 6/14/2020 ps srsit eEaaovcul $ 1,000,000 MED EXP(Any one person) $ 20'000 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 X POLICY n,IKf LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER $ COAUTOMOBILE UABIUTY (Faeml ED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per peen) $ AA�UpT�O�SDONLY _ AUTOS BODILY BODILY INJURY(Per accident) S MS ONLY — RIROS ONLY (Fera RdYIDAMAGE $ $ UMBRELLA WB _ OCCUR EACH OCCURRENCE $ EXCESS WAS CLAIMS-WOE AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION PER ER AND EMPLOYERS'WILIT'BY/N AAONNFY PROPRIETEXCLUDED?ORIPARTNER,EXECURVE NIA EL EACH ACCIDENT $ (Mandatory In NHIEXCLUDED? EL DISEASE-EA EMPLOYEE $ If yes.deeame under DESCRIPTION OF OPERATIONS below E L DISEASE•POLICY OMIT $ DESCRIPTION OF OPERATIONS/LOCATIONSI VEHICLES IACORD 101,Additional Remarks Schedule,may be attached N men space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave Ste 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE t Q ACORD 25(2016/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PI-GLD-HS(10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE Itis understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,0001imit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent,or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments—Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments—Bail Bonds $5,000 5 Supplementary Payment—Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit 6 Additional Insured—Newly Acquired Time Period Amended 6 Additional Insured—Medical Directors and Administrators Included 7 Additional Insured—Managers and Supervisors(with Fellow Included 7 Employee Coverage) Additional Insured—Broadened Named Insured Included 7 Additional Insured—Funding Source Included 7 Additional Insured—Home Care Providers Included 7 Additional Insured—Managers,Landlords,or Lessors of Premises Included 7 Additional Insured—Lessor of Leased Equipment Included 7 Additional Insured—Grantor of Permits Included e Additional Insured—Vendor Included 6 Additional Insured—Franchisor Included 9 Additional Insured—When Required by Contract Included 9 Additional Insured—Owners, Lessees,or Contractors Included 9 Additional Insured—State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury—includes Mental Anguish Included 11 Personal and Advertising Injury—includes Abuse of Process, Included 11 Discrimination A. Extended Property Damage SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury"or property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I—COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured's request at the time of claim,we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to$50,000. This coverage extension only applies to rental lease agreements This coverage is excess over any renter's liability insurance of the client. C. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. el 2011 Philadelphia Indemnity Insurance Company PI-OLD-HS(10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following' (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a$30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word"fire"is changed to"fire, lightning, explosion, smoke, or leakage from automatic fire protective systems'where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 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, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner A separate limit of insurance applies to this coverage as described in SECTION III— LIMITS OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6 is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1)(a)(Ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion,smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 092011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof F. HIPAA SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a"violation(s)"of the Health Insurance Portability and Accountability Act(HIPAA). We have the right and the duty to defend the insured against any"suit," "investigation,"or"civil proceeding" seeking these damages. However,we will have no duty to defend the insured against any"suit" seeking damages, "investigation,"or"civil proceeding"to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions. This insurance does not apply to. a. Intentional,Willful, or Deliberate Violations Any willful, intentional, or deliberate"violation(s)" by any insured. b. Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V—DEFINITIONS is amended to include the following additional definitions: a. "Civil proceeding" means an action by the Department of Health and Human Services(HHS) arising out of"violations." b. "Investigation"means an examination of an actual or alleged"violation(s)" by HHS. However, "investigation"does not include a Compliance Review. c. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. m 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) G. Medical Payments—Limit Increased to$20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III -LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities - SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2.Exclusions, Paragraph e.Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following. 1. b. Up to$5000 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. 1.d. is deleted in its entirety and replaced by the following: 1. 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 from work J. Employee Indemnification Defense Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an"employee"in a criminal proceeding occurring in the course of employment. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees,"claims or"suits" brought or persons or organizations making claims or bringing"suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, inc., with its permission. ®2011 Philadelphia Indemnity Insurance Company PI-OLD-HS(10/11) K. Key and Lock Replacement—Janitorial Services Client Coverage SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following' We will pay for the cost to replace keys and locks at the"clients" premises due to theft or other loss to keys entrusted to you by your"client," up to a$10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a"client"for any purpose commit,whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows' a. "Client' means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While In your service or for 30 days after termination of service, (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you, or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent"employee"as defined in Paragraph (1)above,who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee"does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (b) Any"manager,"director or trustee except while performing acts coming within the scope of the usual duties of an"employee." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II—WHO IS'AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ®2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees"are also insureds for"bodily injury"to a co- "employee"while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a(1)(a)as it applies to managers of a limited liability company. c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers—At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions' This insurance does not apply to' (1) Any "occurrence which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc ,with its permission. @ 2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) organization is an insured only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. h. Grantors of Permits —Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision. (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (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; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors—Only with respect to"bodily injury" or"property damage"arising out of"your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to' (i) The exceptions contained in Sub-paragraphs (d)or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage"or"personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations Owners, Lessees or Contractors—Any person or organization, but only with respect to liability for"bodily injury,""property damage"or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage"occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (b) 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. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) m. State or Political Subdivisions—Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract (2) This insurance does not apply to: (a) "Bodily injury,""property damage"or"personal and advertising injury"arising out of operations performed for the state or municipality; or (b) "Bodily injury"or"property damage"included within the"products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.is amended as follows: a. is amended to include: This condition applies only when the"occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b.is amended to include. This condition will not be considered breached unless the breach occurs after such claim or"suit" is known to: (1) You, if you are an individual, (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure O. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,8.Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-I-IS(10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the 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. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state Q. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury"means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a.above)at any time. R. Personal and Advertising Injury—Abuse of Process,Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14 b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process, 2. SECTION V—DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race,color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment,former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ®2011 Philadelphia Indemnity Insurance Company PI-GLD-HS(10/11) c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc , with its permission. ®2011 Philadelphia Indemnity Insurance Company