15-154.00 Cobblestone Catering & Events i5 - 15(d
AGREEMENT FOR CENTERPLACE FOOD SERVICES
Cobblestone Catering&Events LLC
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of
Washington,hereinafter"City"and Cobblestone Catering&Events LLC,hereinafter"Contractor,"sometimes
jointly referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1. Grant of Catering/Concessions Privilege. The City grants Contractor exclusive authority for the sale of
food and beverages, including alcoholic beverages, and provision of food and beverage services associated
with such sales(collectively"food services")within CenterPlace as set forth in the Scope of Services,attached
as Exhibit 1 and incorporated herein by reference, and more specifically as set forth immediately below.
A.Events booked after the termination date of this Agreement. Contractor agrees it shall not collect
any fee or deposit from any third party for any event at CenterPlace that is booked for a date after the
termination date of this Agreement,unless authorized in writing by the Parks and Recreation Director
(the"Director").
B. Special Events. The City reserves the right to permit an event presenter(s), or its designee to sell
and/or give away food and beverages in connection with Special Event for up to five Special Events in
CenterPlace during each calendar year, subject to the discretion of the Director.
C. Administration. The Director or designee shall administer and be the primary contact for
Contractor.
D.Representations. The City has relied upon the qualifications of the Contractor in entering into this
Agreement. By execution of this Agreement,Contractor 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 services contracted for. No substitutions of agreed-upon personnel shall
be made without the written consent of the City.
Contractor shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
E. Modifications. The City may modify this Agreement whenever necessary or advisable. The
Contractor shall accept modifications when ordered in writing by the Director or designee.
Compensation for such modifications or changes shall be as mutually agreed between the Parties.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in
effect until December 31, 2016. There are up to five additional one-year renewal options, which may be
exercised at the sole discretion of the City by the Director of Parks and Recreation. The City shall notify the
Contractor by November 1 of each year whether the following option year will be exercised.
Either Party may terminate this Agreement by at least 30 days'written notice to the other Party. In the event of
such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 1 of 6
performed prior to the termination date.
Contractor shall fulfill all contracts with third parties booked at CenterPlace prior to termination as called for in
this paragraph.
3. Event Pricing/Compensation.
A.Event Pricing. Event pricing by the Contractor shall be as set forth in the Event Pricing,which is
attached as Exhibit 2 and incorporated herein by reference.
B.Compensation.Payment by the Contractor shall be as set forth in the Compensation Terms,which
is attached as Exhibit 3 and incorporated herein by reference.
4. Facilities Access and Use. Access and use to the facilities shall be as set forth in Exhibit 4, which is
attached and incorporated herein by reference.
5. Payment. The City shall be paid as set forth in Exhibit 3.
6. Notice. Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name: Cobblestone Catering&Events LLC
Phone Number: (509)921-1000 Phone Number: (509)344-9004
Address: 11707 East Sprague Ave, Suite 106 Address: 5118 West Manor Crest
Spokane Valley, WA 99206 Spokane,WA 99205
7.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. Contractor warrants that its designs,documents,
and services shall conform to all federal, state, and local statutes and regulations.
8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A.By executing this Agreement,the Contractor certifies to the best of its knowledge and belief,that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2.Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (federal, state, or local)
transaction or contract under a public transaction;violation of federal or state antitrust statues
or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,
making false statements,or receiving stolen property;
3.Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 2 of 6
paragraph(A)(2)of this certification;and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions(federal, state, or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
9. Relationship of the Parties. It is understood, agreed and declared that the Contractor 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 the Contractor. Any and all employees who provide services to the
City under this Agreement shall be deemed employees solely of the Contractor.The Contractor shall be solely
responsible for the conduct and actions of all its employees under this Agreement and any liability that may
attach thereto.
10.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by
Contractor under this Agreement are and shall be the property of 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 Contractor under this Agreement shall,unless otherwise provided,be deemed
the property of City. 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. 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 under this Agreement, provided that
Contractor shall have no liability for the use of Contractor's work product outside of the scope of its intended
purpose.
11.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 the Contractor's records with respect to all matters covered in this
contract. 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
contract for a period of three years from the date final payment is made hereunder.
12. Insurance. 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 connection with the
performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Contractor 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.
2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. City shall be named as an insured under Contractor's
commercial general liability insurance policy with respect to the work performed for the City.
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 3 of 6
3.Workers' compensation coverage as required by the industrial insurance laws of the State
of Washington.
4.
B. Minimum Amounts of Insurance. Contractor 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.
2.Commercial general liability insurance shall be written with limits no less than$1,000,000
each occurrence, $2,000,000 general aggregate.
3. Liquor liability insurance in the amount of$1,000,000 each occurrence. The City is to be
named as an additional insured on Liquor Liability insurance. Host liquor liability coverage
may be substituted when alcohol is consumed and not sold on premises with the prior written
approval of the City.
C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the
following provisions for automobile liability,professional liability and commercial general liability
insurance:
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of
Contractor's insurance and shall not contribute with it.
2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Contractor.
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,
Contractor shall furnish acceptable insurance certificates to the City Clerk at the time Contractor
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 City. Contractor shall be financially responsible for all
pertinent deductibles, self-insured retentions, and/or self-insurance.
13.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold
harmless City 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 of any nature whatsoever relating
to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor,
Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law,
subject only to the limitations provided below.
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 4 of 6
Contractor'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.
Contractor'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) Contractor,
Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the
negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees.
Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses
and liability to which it applies, City's personnel-related costs,reasonable attorneys'fees,and the reasonable
value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for
collection, and all other claim-related expenses.
Contractor 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
Contractor's waiver of immunity under this provision extends only to claims against Contractor by City,and
does not include, or extend to,any claims by Contractor's employees directly against Contractor.
Contractor hereby certifies that this indemnification provision was mutually negotiated.
14. 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 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
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.
15. 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.
16. Subcontracts. Except as otherwise provided herein,the Contractor shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of the City.
17. Confidentiality. Contractor may,from time to time,receive information which is deemed by the City to
be confidential. Contractor shall not disclose such information without the express written consent of the City
or upon order of a Court of competent jurisdiction.
18. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Contractor shall be resolved in the Superior Court of the State of Washington in Spokane
County. Notwithstanding the foregoing,Contractor agrees that it may,at City's request,be joined as a party in
any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or
that are related to Contractor's services under this Agreement. Contractor further agrees that the Arbitrator(s)
decision therein shall be final and binding on Contractor and that judgment may be entered upon it in any court
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 5 of 6
•
having jurisdiction thereof.
19. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees).
20. 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.
21.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.
22.Business Registration. Prior to commencement of work under this Agreement,Contractor shall register
with the City as a business.
23. 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.
24. Exhibits. Exhibits attached and incorporated into this Agreement are:
1. Scope of Services
2. Event Pricing
3. Compensation Terms
4. Facilities Access and Use
5. Insurance Certificates
The Parties have executed this Agreement this 2c - ay of December, 2015.
'' OF POKANE VALLEY Contrraa�ctor:
« 2/ULA
Mike J.Won, City Manager By:
Its: Authorized Represe e
ATTEST: APPROVED AS TO FORM:
I
Christine Bainbridge,City Cle Office fI e C' rney
Agreement for CenterPlace Food Services—Cobblestone Catering&Events LLC-Page 6 of 6
EXHIBIT 1
SCOPE OF SERVICES
1. Food Services
A. Cobblestone Catering & Events LLC ("Contractor") shall make sales of foods and beverages,
including alcoholic beverages, and provide associated food and beverage services (collectively"food
services") for local and regional groups which utilize CenterPlace Regional Event Center, as
provided herein.
B. Contractor shall make CenterPlace its sole venue and it shall not provide services at any other venue
by utilizing any of the facilities at CenterPlace unless approved in writing beforehand by the City.
C. Contractor shall provide examples of menus with various pricing strategies to meet the needs of
CenterPlace guests.
D. Contractor shall at all times maintain a high level of customer service and high quality of food and
food service.
E. Contractor shall inspect and monitor its own products and service levels by its staff.
F. Contractor and the City shall develop a communication and meeting schedule that is mutually
agreeable.
a. A representative of Contractor shall communicate or be available for communication on
ongoing and upcoming events with the City on a daily basis during business hours of
CenterPlace. Contractor's representative shall be available for contact by the City by phone.
b. Contractor shall provide an outside phone line and maintain it throughout the duration of this
agreement for CenterPlace customer food service inquires.
G. Contractor shall provide food services that range from traditional continental breakfasts to full-
service multi-course dinners. Such services shall be of a type that may range from formal (e.g.,
wedding)to informal (e.g., birthday party or conference) settings.
H. Contractor shall be available to provide services at the facility during all hours CenterPlace is open
as may be required to provide the services described herein.
I. Contractor shall perform all services under this Agreement being mindful of and not interrupting the
ongoing public use of CenterPlace. Contractor and its employees and staff shall be courteous and
respectful to all clientele and staff of CenterPlace at all times.
J. Contractor shall hold and maintain a Washington State Master Business license with a spirits license
or have the ability to obtain it within three months of the award of this contract.
K. CenterPlace staff shall set up, arrange and cover with tablecloth the tables and chairs for banquet
food services. The tables, chairs and related food service equipment or materials shall be clean, in
good working order and quality. Should Contractor be required to provide persons to assist in
setting up, taking down, dishes, etc. the City agrees to pay the reasonable cost for such persons as
mutually agreed.
L. Contractor shall, as may be requested by the City, open concession stands during events, provided
CenterPlace shall not be requested to open a concession stand more than two hours in advance of
any event.
M. Contractor shall provide uniforms to be approved by the Director and shall require its employees to
wear such uniforms at all events at CenterPlace.
N. Contractor shall respond to any CenterPlace caterer or event referral within 24 hours or the next
business day.
Exhibit 1 —Page 1 of 3
O. The City shall have access on a quarterly basis to review any customer satisfaction surveys
conducted by Contractor.
2. Exclusivity
Contractor shall have the exclusive right to provide food services to guests and users of CenterPlace
during open hours Monday through Saturday; provided that guests and users may bring small amounts
of food and beverages (e.g., pastry tray and coffee) for meetings and small gatherings of 20 attendees or
less. On Sundays, guests and users of CenterPlace may provide their own food or work with our caterer
to provide food services for their events or gatherings; provided, however, the kitchen shall not be
available for guest or outside caterer use and shall only be available for use by Contractor.
3. Vendor Responsible For All Support Facilities
The City shall not be responsible for nor shall it provide large equipment storage, work space, or office
space as a part of this Agreement. Contractor shall be responsible for providing all support facilities at
another location.
4. Kitchen Use
Contractor shall have sole use of the kitchen at the CenterPlace facility except that CenterPlace staff
shall have access to the kitchen for warming meals, obtaining ice, brewing coffee, storing lunches, etc.
No other outside use of the kitchen is permitted with the exception of trade shows or food shows that
require use of the space. In that event a reasonable fee would be paid by the third party customer for
limited use and would by supervised by Contractor staff. Outside groups are allowed to bring their own
food into the building on Sundays but would have no access to the kitchen.
5. Rental of Kitchen
In addition to the services provided by Contractor for CenterPlace, Contractor is authorized to rent the
CenterPlace kitchen to provide food services for non-CenterPlace events served by Contractor.
Contractor shall not use CenterPlace kitchen more than three times per month for outside events, except
as authorized in writing by the Director. Contractor shall pay City a kitchen rental fee as specified on
Exhibit 3.
6. CenterPlace Agent
During the term of this agreement, Contractor shall provide an in house catering sales person to handle
planning and sales of food services for CenterPlace.
7. Weddings
Weddings that take place at CenterPlace on Sundays shall utilize the CenterPlace caterer to prepare and
serve food to guests. The Contractor shall work directly with these weddings to serve authentic dishes to
these customers.
8. Kitchen Cleaning
During the term of this agreement, Contractor shall be responsible for cleaning of the kitchen. The
kitchen shall be in good condition at all times and meeting all health requirements. Duties include:
• Daily Cleaning
o Collect and properly dispose of all kitchen grease.
Exhibit 1 —Page 2 of 3
o Remove any dishes from walk-in cooler and wash, which will require Contractor and
CenterPlace staff sharing the area at times.
o Put away any cooking utensils and/or appliances.
o Spot clean hard surfaces and counters.
o Clean Dish Pit area after use, including interior of dish machine. Remove any and all food
debris from interior and exterior strainers. Contractor is not responsible for Meals on Wheels
mess.
o Power down dish machine after use and inspect for damage or irregular conditions. Report
these to CenterPlace staff.
o Turn off any fans, equipment or appliances.
o Remove mats from the floor.
o Report any damage or malfunctioning equipment.
• Clean and Shine Weekly
o Wipe down all hard surfaces, top to bottom.
o Shine stainless steel tables, shelving and appliances.
o Wipe down appliance doors, handles and shelving.
o Wipe down and clean exterior and interior of garbage cans.
• Monthly
o Spot clean interior of appliances.
o Clean stovetop oven.
• Quarterly
o Deep clean stovetop and grill, to include any catch basins or pans.
o Clean hood filters above the grilling area.
o Clean grill.
• Bi-Annually
o Shine stainless steel hood systems interior and exterior.
o Deep clean interior and exterior of appliances, to include racks.
• Yearly
o De-grease and detail the entire kitchen (excluding floors) to include walls, appliances and
walk-in coolers.
• CenterPlace Janitorial Contractor
o Will be responsible to clean the kitchen restroom, damp mop the kitchen floor twice a week
November to April and four times a week May to October and twice a week they will
degrease the kitchen floor.
• CenterPlace Staff
o Will be responsible for the cleaning and upkeep of the ice machine.
Exhibit 1 —Page 3 of 3
EXHIBIT 2
EVENT PRICING
Upon the effective date of this Agreement, Cobblestone Catering & Events LLC
("Contractor") shall submit to the City, for approval by the Director, the menus and
prices of primary food and beverage items which shall be utilized by Contractor during
the term of this Agreement. This submittal is not intended to be a complete list of the
menu and beverage items which may be served by Contractor during the term of this
Agreement. The Parties agree that Contractor may create additional menu items to be
added from time to time by Contractor in response to customer demand. Contractor shall
exercise its best efforts to maintain a pricing practice consistent with the pricing set forth
at the commencement of the Agreement. Contractor shall maintain records supporting
the prices charged for new menu and beverage items.
The Director reserves the exclusive right to review and approve the cost of providing
food services under this Agreement, which specifically includes the prices charged for
food, beverages, concessions and catering. Contractor, pursuant to its reasonable
business judgment and in consideration of prevailing market conditions in similar
facilities located in the Spokane region, may request that the Director approve food,
beverage, concession and catering price changes with such approval by the Director
subject to his reasonable discretion.
To support a requested price change, Contractor shall provide the Director with a written
request, identifying the current and proposed prices, a survey of the prices charged in
similar types of facilities within comparable markets, and such other information deemed
relevant by the Director. Unless agreed otherwise, price changes shall be effective 30
days following approval by the Director.
Exhibit 2—Page 1 of 1
EXHIBIT 3
COMPENSATION TERMS
1. Payment. Cobblestone Catering & Events LLC ("Contractor") agrees to pay the City
a commission equal to the percentage of monthly Adjusted Gross Receipts for the
following areas: 1) Food at 17% for the Great Room, Small Dining Room, Fireside
Lounge, and 10% for all conference rooms; and 2) Alcohol at 5% for the Great Room,
Small Dining Room, Fireside Lounge, and all conference rooms.
2. Kitchen Rental. In the event Contractor rents/utilizes the kitchen to provide services
to a non-CenterPlace event, Contractor shall pay the City a kitchen rental fee in the
amount of$100 per event.
3. Kitchen Equipment Reserve. Contractor shall pay the City $2000 annually to be
placed into a reserve fund to be used for repair and maintenance to the kitchen equipment
at CenterPlace. Payment shall be made by check to the City within 45 days after the
effective date of this Agreement. Contractor shall work with CenterPlace staff to assist in
coordination of preventive maintenance programs for the kitchen equipment.
CenterPlace agrees to keep the inventory of the kitchen the same as it is at the
commencement of this agreement.
4. Date/Form of Payment. The percentage of each month's Adjusted Gross Receipts
shall be computed and payment of the appropriate percentage sum shall be made by the
10th day of each month based upon the preceding month's Adjusted Gross Receipts.
Payment shall be made to the City by delivery of a check to the Director.
5. Accounting Records. Contractor shall maintain accounting records in accordance
with generally accepted accounting principles and shall report gross revenues and
Adjusted Gross Receipts to the City. Reporting of Contractor business activity in
CenterPlace shall be monthly and shall separately set forth each activity.
6. Adjusted Gross .Receipts. For purposes of this Agreement, "Adjusted Gross
Receipts" equals the total gross revenue received by Contractor for services provided
pursuant to this Agreement, excluding any applicable sales taxes, any standard hospitality
service charges, and any service charges or premiums charged in connection with the use
of credit or debit cards.
Contractor shall, within 90 days of the termination date of this Agreement, submit to the
City a statement of total Adjusted Gross Receipts and the rents payable thereon for the
Adjusted Gross Receipts for the term of this Agreement, which statement shall be
accompanied by an opinion of a certified or licensed public accountant.
Exhibit 3 —Page 1 of 1
EXHIBIT 4
FACILITY ACCESS AND USE
1. Cobblestone Catering & Events LLC ("Contractor") is granted exclusive permission
to use and enter designated areas of CenterPlace Regional Event Center for the
provision of food services as provided in this Agreement. The City shall permit
Contractor to occupy the food service area for the purposes set forth in this
Agreement. The food service area shall mean those areas in CenterPlace which are
designated or otherwise authorized by the Director to be used for the operation of
food services, which include, but are not limited to, the kitchen, banquet areas,
classrooms, Fireside Lounge or other small meeting rooms where food and beverages
may be consumed.
2. The City shall have the right to make inspections of the food service area to ensure
compliance with this agreement. Further, the City reserves the right of ingress and
egress through the food service area for the purpose of operating, maintaining and
inspecting CenterPlace. Contractor shall return the facilities to a clean and sanitary
condition at the end of each event.
3. In addition to the indemnification provided in Section 13 of the Agreement, in the
event of third party damage or vandalism not the result of the negligence of
Contractor, the City shall bear the cost of repair to CenterPlace and City-owned
furnishings, fixtures, and equipment, and Contractor shall bear its costs of repair to its
facilities and equipment including fixtures and furnishings that may have been
installed by Contractor pursuant to this Agreement.
4. Within 30 days from the effective date of this Agreement, Contractor shall provide to
the City an inventory of all furnishings, fixtures, or other items of personal property
used or to be used by Contractor in providing food services. As of the date of this
Agreement, the City has identified the following as its inventory of City kitchen
furnishings, fixtures, and equipment:
A. Hood and Ansul system
B. Wolf flat grill
C. Wolf broiler
D. Wolf stove/oven
E. Wolf double stack convection ovens (3)
F. Wolf salamander oven
G. Microwave oven: Panasonic
H. Food warmer: tall - FWE
I. Food warmer: short- FWE
J. Hobart mixer
K. Hobart dishwasher-model number C44AW
L. Robot Coupe
M. Ice machine: Manitowoc
Exhibit 4—Page 1 of 2
N. Meat slicer: Globe
0. Walk in cooler: American(2)
P. Walk in freezer: American
Q. Rational self-cooking center
R. Garbage disposal: Salvador
Upon termination of this Agreement, each of the Parties shall retain their respective
furnishings, fixtures, and equipment. Contractor shall identify any necessary repair or
maintenance that is required, or damage caused by someone other than the Contractor
to City furnishings during the term of this Agreement. Upon termination of this
Agreement, any damage to City inventory shall be presumed to have been caused by
Contractor unless otherwise identified by the Contractor as provided above, and City
may require Contractor to pay for all costs of repair at Contractor's sole expense.
5. Contractor shall have access and use of Room 134 and Room 228 for their office and
dry storage needs as well as use of one refrigerator and freezer.
6. Keys for access to CenterPlace shall be issued to Contractor by the Director as
necessary to allow for efficient event preparation.
Exhibit 4—Page 2 of 2
RE AL- VED I 1
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Iti; ,-,--.w: I Phone: (509)720-5400 Fax:(509)688-0188
I DATE(MM/DD/YYYY)
ACOREI CERTIFICATE OF LIABILITY INSURANCE
L...------ !PARKS RECREATION DC 1 06/03/2015
THIS CERTIFICATE7S1SU D AS—A1GMATTER 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 NAMEACT Steve Florance
INLAND NORTHWEST INSURANCE, INC. (A/c No.Ext): (509)892-6373 FAX
(A/C, (509)926-0621
12319 E BROADWAY AVENUE ADDRESS: stevef@inlandnwi.com
SPOKANE VALLEY,WA 99216
INSURER(S)AFFORDING COVERAGE NAIC#
License#: 155923 INSURER A: MUTUAL OF ENUMCLAW 14761
INSURED INSURER B:
COBBLESTONE CATERING& EVENTS LLC INSURER C:
2426 N DISCOVERY PL INSURERD:
SPOKANE VALLEY,WA 99216 INSURERE: .
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00000000-53192 REVISION NUMBER: 4
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 SUER POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE INS° WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERALLIABILITY Y CPP0018281 06/01/2015 06/01/2016 EACH OCCURRENCE $ 1,000,000
TO
CLAIMS-MADE X OCCUR PREMISES(Ea occuErrrence) $ 300,000
MED EXP(Any one person) $ 10,000
PERSONAL 8 ADV INJURY $ Included
GEN'LAGGREGATE UMITAPPUESPER: GENERAL AGGREGATE $ 2,000,000
X POLICY JEC I I LOC —
PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: Liquor $ 1,000,000
A AUTOMOBILE LIABILITY Y CPP0018281 06/01/2015 06/01/2016 (�acBadeD)INGLE LIMIT $ 1,000,000
ANY AUTO
BODILY INJURY(Per person) $ALL OWNED _SCHEDULED BODILY INJURY(Per accident) $
AUTOS X AUTOSPROPERTY DAMAGE
X HIRED AUTOS X NON-OWNED UTOS (Per accident) $
$
UMBRELLA LIAB -
OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE • AGGREGATE $
DED RETENTION$ $
WORKERS COMPENSATION PEROTTUTE ETH_
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EL EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) EL DISEASE-EA EMPLOYEE$
If yes,describe under EL DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Certificate Holder is named as an Additional Insured per policy attached form EG9901 &EA99111113
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS.
2426 N. Discovery Place
SPOKANE VALLEY,WA 99216 AUTHORIZED PR✓ESE TATIVE
I / 1%--,/(1:// / / (SDF)
/ i 0'19888-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
Printed by SDF on June 03,2015 at 05:05PM
COMMERCIAL AUTO
EA 99 11 11 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL BUSINESS AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified
by this endorsement.
The following changes revise SECTION I — COVERED The coverage that applies is the same as the
AUTOS coverage provided for the vehicle being replaced.
Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the
following: temporary substitute auto for the lesser of the
1. Trailers following number of days:
a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to
pounds or less designed primarily for travel repair or replace the covered "auto" that is out
on public roads; or of service;or
b. "Trailers" designed primarily for travel on 2. 30 days.
public roads when: The following changes revise SECTION II — LIABILITY
(1) Pulled by an owned private passenger COVERAGE
auto specifically described in Item The following is added to Paragraph A.1.:
Three of the Declarations as a covered d. Blanket Additional Insured
"auto" for Liability Coverage under this
Coverage Form; and Any person or organization that you are
required to include as an additional insured
(2) Not used for business, farming or on this Coverage Form in a written contract
ranching purposes. or agreement that is signed and executed
Private passenger auto means a motor by you before the"bodily injury"or"property
vehicle of the private passenger, station damage" occurs and that is in effect during
wagon, pickup or van type designed for use the policy period is an "insured"for Liability
on public highways and subject to motor Coverage, but only for damages to which
vehicle registration. this insurance applies.
The following is added: A person's or organization's status as an
D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement
ends when your contract or agreement with
If Physical Damage Coverage is provided by this such person or organization ends.
Coverage Form, the following types of vehicles are
also covered "autos" for Physical Damage The Limits of Insurance applicable to the
Coverage: Additional Insured are those specified in the
written contract or agreement but not more
Any "auto" you do not own while used with the than the Limits of Insurance specified in the
permission of its owner as a temporary substitute Declarations of this policy. The Limits of
for a covered "auto" you own that is out of service Insurance applicable to the Additional
because of its: Insured are inclusive of and not in addition
1. Breakdown; to the Limits of Insurance shown in the
declarations for the Named Insured.
2. Repair;
3. Servicing; This Coverage does not apply to lessors of
leased"autos".
4. "Loss";or
5. Destruction.
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 6
(
e. Broadened Named Insured This coverage is excess over
Any business entity newly acquired or a. any limit shown in the Declarations for
formed by you during the policy period towing and labor costs; and
provided you own 51% or more of the b. any other collectible insurance.
business entity and the business is not
separately insured for Business Auto This coverage applies only for an "auto"
Coverage. Coverage is extended up to a covered on this policy for
maximum of 180 days following acquisition c. Comprehensive or Specified Causes of
or formation of the business entity or until Loss Coverage;and
the end of the policy period, whichever d. Collision Coverage.
comes first.
f. Employee Hired Auto The following is added to Paragraph A.3
An"employee"of yours is an"insured"while Glass Repair—Waiver of Deductible
operating an "auto" hired or rented under a No deductible will apply to glass breakage if
contract or agreement in that "employee's" such glass is repaired in a manner acceptable
name, with your permission, while to us rather than replaced.
performing duties related to the conduct of Paragraph A.4.a. is deleted and replaced with the
your business. following:
Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and 4. Coverage Extensions
replaced with the following: a. Limited Rental Reimbursement or Travel
2. Coverage Extensions Expense
a. Supplementary Payments We will pay up to $75 per day to a
(2) Up to $5,000 for cost of bail bonds maximum of $2,250 for rental
(including bonds for related traffic law reimbursement expenses for the rental of
violations) required because of an an "auto" or other transportation expense
"accident"we cover.We do not have to incurred by you because of "loss" to a
furnish these bonds. covered "auto" which is covered by
expensesComprehensive, Specified Causes of Loss,
(4) All reasonable incurred b y or Collision coverage under this policy. No
the "insured" at our request, including deductible applies to this coverage.
actual loss of earnings up to$500 a day
because of time off from work. (1) We will pay only for those expenses
Paragraph B.5. is deleted and replaced with the incurred as a result of a covered "loss"
following: occurring during the policy period
beginning 24 hours after the"loss" and
5. Fellow Employee ending, regardless of the policy's
"Bodily Injury" to any fellow "employee" of the expiration, with the lesser of the
"insured"arising out of and in the course of the following number of days:
fellow "employee's" employment or while (a) The number of days reasonably
performing duties related to the conduct of your required to repair or replace the
business. This exclusion does not apply to an covered "auto". If"loss" is caused
"insured"who occupies a position as an officer, by theft, this number of days is
manager or supervisor. added to the number of days it
The following changes revise SECTION III—PHYSICAL takes to locate the covered "auto"
DAMAGE COVERAGE and return it to you; or
This coverage applies only for a covered "auto" for (b) 30 days.
which Physical Damage Coverage is provided for on (2) Our payment under this Coverage
this policy. Extension (4.a.) is limited to the lesser
Paragraph A.2. is deleted and replaced with the of the necessary and actual expenses
following: incurred or the maximum amount
A. COVERAGE shown, $2,250.
2. Towing (3) Coverage under this Coverage
Extension (4.a.) does not apply while
We will pay up to $200 for a covered "auto" for there are spare or reserve "autos"
towing and labor costs incurred each time the available to you for your operations.
covered "auto" is disabled. However, the labor
must be performed at the place of disablement.
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 6
(4) If a covered "auto" is described or (b) We will pay with respect to a
designated as a covered "auto" on covered "auto" described in the
endorsement EA 99 01, the coverage Schedule for "loss" to any
provided by this extension is excess accessories used with the
over coverage provided by electronic equipment described in
endorsement EA 99 01. Paragraph (1)(a) above. However,
The following is added to paragraph A.4. this does not include tapes, records
or discs.
c. Tapes, Records and Discs
We will pay for "loss" to tapes, records, (2) Exclusions
compact discs, or other similar devices The exclusions that apply to Physical
used with audio, visual or data electronic Damage Coverage, except for the
devices. exclusion relating to Audio, Visual and
Data Electronic Equipment, also apply
(1) We will pay only if the tapes, records, to coverage provided by this extension.
compact discs, or other similar devices: In addition, the following exclusions
(a) Are your property or that of a family apply:
member;or We will not pay, under this extension,
(b) Are the property of an "employee" for either any electronic equipment or
using a covered "auto" in your accessories used with such electronic
business affairs at the time of the equipment that is:
"loss";and (a) Necessary for the normal operation
(c) Are in a covered "auto" which of the covered "auto" or the
sustains other covered "loss" under monitoring of the covered "auto's"
Comprehensive or Collision operating system; or
coverage at the time of the"loss"to (b) An integral part of the same unit
tapes, records, compact discs, or housing any sound reproducing
other similar devices. equipment designed solely for the
(2) The most we will pay for "loss" under reproduction of sound if the sound
this Coverage Extension(4.c.)is$200. reproducing equipment is
(3) Physical Damage Coverage provisions permanently installed in the
apply to this coverage, except that any covered "auto"in the opening of the
deductible applicable to dash or console normally used by
Comprehensive or Collision coverage the manufacturer for the installation
does not apply to this Coverage of a radio.
Extension (4.c.). (3) Limit of Insurance
d. Audio, Visual and Data Electronic With respect to coverage under this
Equipment extension the Limit of Insurance
(1) Coverage provision of Physical Damage
Coverage is replaced by the following:
(a) We will pay with respect to a (a) The most we will pay for all"loss"to
covered "auto" described in the audio, visual or data electronic
Schedule for"loss"to any electronic
equipment that receives or equipment and any accessories
used with this equipment as a result
transmits audio, visual or data of any one "accident" is the lesser
signals and that is not designed
solely for the reproduction of sound. of:
This coverage applies only if the (i) The actual cash value of the
equipment is permanently installed damaged or stolen property as
in the covered "auto" at the time of of the time of the"loss";
the "loss" or the equipment is (ii) The cost of repairing or
removable from a housing unit replacing the damaged or
which is permanently installed in stolen property with other
the covered"auto"at the time of the property of like kind and quality;
"loss", and such equipment is or
designed to be solely operated by (iii)$500.
use of the power from the "auto's"
electrical system, in or upon the
covered "auto".
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 6
` l i
(b) An adjustment for depreciation and When a Travel Trailer, "Camper" or Motor
physical condition will be made in Home is a scheduled auto for physical
determining actual cash value at damage coverage,we will pay up to $1,000
the time of the"loss". for "loss" to personal property belonging to
(c) If a repair or replacement results in you or a family member that is within the
better than like kind or quality, we
Travel Trailer, "Camper" or Motor Home.
will not pay for the amount of We will pay up to$250 for"loss"to personal
betterment. property belonging to you or a family
member that is outside the Travel Trailer,
(4) Deductible "Camper"or Motor Home.
No deductible applies to this coverage. (1) We will not pay for"loss"to:
The insurance provided by this extension is (a) Articles carried or held for sale,
excess over any other collectible insurance. storage or repairs, or for later
e. Custom Signs and Decorations delivery;goods kept to show or sell;
Physical Damage coverage on a covered or theatrical wardrobes.
"auto" may be extended to "loss"to custom (b) Business,store of office furniture or
signs and decorations including custom equipment.
murals, paintings or other decals or (c) Records or accounts, money,
graphics. bullion, deeds,contracts, evidences
Our limit of liability for loss to custom signs of debt, securities,tokens or tickets,
and decorations shall be the least of: stamps in current use or
(1) Actual cash value of the stolen or manuscripts.
damaged property; (d) Animals, private passenger"autos,"
(2) Amount necessary to repair or replace motorcycles, aircrafts, boats or any
the property; or other motorized vehicles or their
equipment, furnishings or
(3) $500. appurtenances.
f. Personal Effects Coverage (e) Equipment or accessories while
(1) Physical Damage Coverage on a your Travel Trailer, "Camper" or
covered "auto" may be extended to Motor Home is leased or rented to
"loss" to your "personal effects" or, if any organization or any person
you are an individual, the "personal other than you or a family member.
effects" of a family member, that are in (2) The maximum we will pay for "loss" is
the covered "auto" at the time of the the lesser of:
"loss". (a) The actual cash value of the
(2) "Personal effects" as used in this personal property at the time of
extension means tangible property that "loss";
is worn or carried by the "insured". (b) The cost of repairing the damage;
"Personal effects" does not include
tools, jewelry, money, securities, radar or
or laser detectors, or tapes, records, (c) The cost of replacing the damaged
discs or similar audio, visual or data personal property with other
electronic equipment. personal property of like kind,
(3) The most we will pay for any one "loss" condition, quality and value.
under this coverage extension is$500. i. Vacation Expense Allowance
No deductible applies to this extension. We will pay you $50 per day to a maximum
The insurance provided by this extension is of $500 for extra expenses when a Travel
Trailer, "Camper" or Motor Home is a
excess over any other collectible insurance.
scheduled auto for physical damage
g. Camper Bodies coverage, and the Travel Trailer, "Camper"
In the event of a "loss" to a detached or Motor Home:
"camper," physical damage coverage will (1) Is damaged or destroyed and is
apply as if it were part of the covered "auto" uninhabitable; and
on which it is rated. (2) While being used for vacation purposes
h. Contents of a Travel Trailer, Camper or within the policy period.
Motor Home
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 6
Extra expenses must by supported by d. Subject to the above limit, deductible and
receipts or other valid evidence. excess provisions, we will provide coverage
The following is added to Paragraph A.: equal to the broadest coverage applicable
to any covered "auto"you own.
5. Extra Expense—Broadened Coverage
If a limit for Hired Auto Physical Damage is
We will pay for the direct expense of returning a indicated in the Declarations, then that limit
stolen covered "auto" to you. We will pay only replaces, and is not in addition to, the $50,000
for those covered "autos" for which you carry limit indicated above.
Comprehensive or Specified Causes of Loss
Coverage. This coverage will only apply to The following is added to Paragraph B.3.a.:
vehicles recovered inside the 48 contiguous Airbag Coverage—Accidental Deployment
United States. This coverage does not apply to However, this exclusion does not apply
to the
an"auto"we deem a total"loss".
unintended inflation of an airbag if the inflation
6. Auto Loan/Lease Gap Coverage is caused by mechanical or electrical
In the event of a'covered total "loss" to a breakdown.
covered "auto" described or designated in the The following is added to Paragraph C.2.
Schedule or in the Declarations, we will pay up New Vehicle Replacement Cost
to $2,000 for any unpaid amount due on the
lease or loan for a covered"auto" less: If, however, we deem a covered "auto"to be a total
a. The paid under Physical "loss"within 180 days of your purchase of the"auto"
Damage AmountCnpaid section theA. of the and it has not been previously titled under the motor
Dolma; and vehicle law of any state, we will pay at your option:
pb. Any: a. the cost to replace the covered "auto" with a
new"auto"of like make, model and year; or
(1) Overdue lease/loan payments at the b. an amount equal to the original purchase price
time of the"loss"; you paid to acquire the vehicle, including taxes,
(2) Financial penalties imposed under a but excluding any extended warranties and
lease for excessive use,abnormal wear licensing fees.
and tear or high mileage; This coverage applies only to a covered "auto" of
(3) Security deposits not returned by the the private passenger, light truck or medium truck
Lessor; type(20,000 lbs. or less gross vehicle weight).
(4) Costs for extended warranties, Credit The following changes revise SECTION IV —
Life Insurance, Health, Accident or BUSINESS AUTO CONDITIONS
Disability Insurance purchased with the The following is added to Paragraph A.2.a.:
loan or lease;and
(5) Carry-over balances from previous Amended Duties in the Event of an Accident,
Claim, Lawsuit or Loss
loans or leases.
7. Hired Auto Physical Damage Coverage However, this duty is only required when the
"accident"is known to:
If hired "autos" are covered "autos"for Liability (1) You, if you are an individual;
Coverage and if Comprehensive, Specified
Causes of Loss or Collision Coverages are (2) A partner, if you are a partnership;
provided under this coverage form for any (3) A member, if you are a limited liability company;
"auto" you own, then the Physical Damage or
Coverages provided are extended to "autos" (4) An executive officer or insurance manager, if
you hire of like kind and use, subject to the you are a corporation.
following:
a. The most we will pay for any one "loss" is The following is added to Paragraph A.:
$50,000 or the actual cash value or the cost 6. Blanket Waiver of Subrogation
to repair and replace, whichever is less, We waive any right of recovery we may have
minus a deductible; against any person or organization to the extent
b. The deductible will be equal to the largest required of you by a written contract executed prior
deductible applicable to any owned "auto" to any"accident"because of payments we make for
for that coverage; damages under this coverage form.
c. Hired Auto Physical Damage coverage is
excess over any other collectible insurance;
and
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 5 of 6
The following is added to Paragraph B.2.: The following changes revise SECTION V —
Unintentional Failure to Disclose Hazards DEFINITIONS
The following is added:
Any unintentional failure to disclose all exposures or
hazards existing as of the effective date of the Q. "Camper" means a portable dwelling unit without
Business Auto Coverage Form or at any time during axles or wheels that has been manufactured for
the policy period will not invalidate or adversely attachment on the bed of a pickup truck to be used
affect the coverage for such exposure or hazard. for casual travel or camping.
However,you must report the undisclosed exposure
or hazard to us as soon as reasonably possible
after its discovery.
Paragraph B.5.b. is deleted and replaced with the
following:
a. 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.
However, any "auto"that is leased, hired, rented or
borrowed with a driver is not a covered"auto".
The following is added to Paragraph B.5.
d. To the extent required by an "insured contract",
this insurance is primary on behalf of the
additional insured, and any other insurance
maintained by the additional insured is excess
and not contributory with this insurance. If the
"insured contract" does not require this
provision,then Paragraph a.above will apply.
EA 99 11 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 6 of 6
COMMERCIAL GENERAL LIABILITY
EG 99 01 12 04
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
SPECIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schprlulp
1. Incidental Malpractice Liability Included
2. Expected Or Intended Injury Included
3. Non-Owned Watercraft Up to 51 Feet in Length
4. Non-Owned Aircraft Included
5. Property Damage Liability
• By Use of Elevators Included
"Borrowed Personal Property" • $25,000
(Deductible: $1000)
• Premises Rented to You or Temporarily Occupied by You With Permission of Owner • $300,000
6. Product Recall Expense $100,000
7. Medical Payments $10,000
8. Supplementary Payments-Increased Limits
• Bail Bonds $1,000
• Loss of Earnings $500 a day
9. Broad Form Named Insured Included
10.Newly Formed Or Acquired Organizations-Covered up to 180 days Included
11.Additional Insured-Broad Form Vendors Included
12.Knowledge of Occurrence Included
13.Unintentional Failure To Disclose Hazards Included
14.Definitions
15.Employment-Related Practices Liability $15,000 each injury/$15,000 aggregate
(Deductible: $3,000)
EG 99 01 12 04 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Page 1 of 11
( I
1. INCIDENTAL MALPRACTICE LIABILITY 5. PROPERTY DAMAGE LIABILITY
A. The definition of"bodily injury" in Section A. Exclusion j. under COVERAGE A (Section I)
V- Definitions is amended to include injury is revised as follows:
arising out of the rendering or failure to 1. The paragraph immediately following
render medical or paramedical services to paragraph (6) is replaced by the
persons by any physician, dentist, nurse, following:
emergency medical technician or paramedic
who is employed by you to provide such Paragraphs (1), (3) and (4) of this
services. exclusion do not apply to "property
B. Paragraph 2.a. 1 d under WHO IS INSURED damage" (other than damage by fire,
( )( ) explosion,smoke or leakage from fire
(Section II)does not apply to nurses, protection systems) to premises,
emergency medical technicians or including the contents of such
paramedics referred to in a. above. premises, rented to you for a period
of 7 or fewer consecutive days. A
This coverage does not apply if you are engaged separate limit of insurance applies to
in the business or occupation of providing any Damage To Premises Rented To You
services referred to in paragraph A.above. as described in Section III—Limits Of
2. EXPECTED OR INTENDED INJURY Insurance.
I) is 2. The following paragraphs are added to
Exclusion a. under COVERAGE A
(Section Exclusion g. under COVERAGE A
replaced by the following: (Section I):
a. "Bodilyinjury" or "property damage" Paragraphs (3) and (4) of do not
1 rY P P Y 9 apply to the use of elevators.
expected or intended from the standpoint
of the insured. Paragraph (4) of this exclusion does
I to "bodilynot apply to "property damage" to
This exclusion does nota
apply "borrowed personal property"while:
injury" or "property damage" resulting
from the use of reasonable force to protect (a) The "borrowed personal prop-
persons or property. erty" is on premises occupied by
3. NON-OWNED WATERCRAFT you and owned, leased or rented
by you; and
Paragraph (2) of Exclusion g. under COVERAGE (b) "Property damage" insurance
A(Section I) is replaced by the following: under this policy applies to the
This exclusion does not apply to: premises.
(2) A watercraft you do not own that is: Subject to paragraph 2. under
(a) Less than 51 feet long; and LIMITS OF INSURANCE (Section III),
(b) Not being used to carry persons the most we will pay for "property
or property for a charge. damage" to "borrowed personal
rah (2) applies to anyperson, property" is $25,000 any one
Paragraph P pp "occurrence". Our obligation to pay
who with your expressed or implied damages on your behalf applies only
consent, either uses or is responsible to the amount of damages in excess
for the use of the watercraft; of $1,000. The deductible amount
4. NON-OWNED AIRCRAFT applies to all damages because of
"property damage" as the result of
The following is added to Exclusion g. any one "occurrence" regardless of
o
the number of persons or
under COVERAGE A. (Section I): organizations who sustain damages
Thisapplybecause of that "occurrence". We
exclusion does not
to may pay any part or the entire
(6) An aircraft that is: deductible amount to effect
(a) Hired, chartered or borrowed settlement of any claim or "suit"
with a paid crew; and and, upon notification of the action
(b) Not owned by any insured. taken, you shall promptly reimburse
However, paragraph (6) does not us for such part of the deductible
9 P amount as has been paid by us.
apply if other insurance is available
to the insured for a loss we cover The insurance provided for "property
under paragraph (6), whether damage" from the use of elevators
primary, excess, contingent or any and for "property damage" to
other basis. "borrowed personal property" is
Page 2 of 11 Includes copyrighted material of Insurance Services Office,Inc.with its permission. EG 99 01 12 04
I i
excess over any other valid and or from use by any person or
collectible property insurance organization because of a known or
(including any deductible portion suspected defect, deficiency, inade-
thereof) available to any insured quacy or dangerous condition in it.
whether primary, excess, contingent
or on any other basis. This exclusion does not apply to
"product recall expenses" that you
B. The last paragraph under Exclusions (Section incur for the "covered recall" of"your
-Coverage A) is replaced by the following: product," except for "product recall
expenses" resulting from or due to:
Exclusions c. through n. do not apply to
damage by fire, explosion, smoke or (1) Failure To Conform To Intended
leakage from fire protection systems to Purpose
premises while rented to you or The failure of "your product" to
temporarily occupied by you with accomplish its intended purpose.
permission of the owner.A separate limit
of insurance applies to this coverage as (2) Breach of Warranty
described in paragraph 6. under LIMITS Breach of warranty of fitness,
OF INSURANCE(Section III). quality, durability or performance,
whether written or implied.
C. Paragraph 6. under LIMITS OF INSURANCE
(Section III) is replaced by the following: (3) Loss of Customer Approval
Loss of customer approval, or any
6. Subject to 5. above, the Damage To cost incurred to regain customer
Premises Rented To You Limit of approval.
$300,000 is the most we will pay
under COVERAGE A for damages (4) Redistribution or Replacement of
because of "property damage" to any Recalled Product
one premises, while rented to you, or The redistribution or replacement
in the case of damage by fire, of "your product" which has been
explosion, smoke or leakage from fire recalled, by like products or
protection systems, while rented to substitutes.
you or temporarily occupied by you
with permission of the owner. (5) Known Defect or Condition
A defect or condition known to
D. Paragraph 4.b.(1)(b) under COMMERCIAL exist by the by the named insured
GENERAL LIABILITY CONDITIONS (Section or the named insured's "executive
IV) is replaced by the following: officers", prior to the date when
this Coverage Part was first issued
(b) That is Fire, Explosion, Smoke Or to you or prior to the time "your
Leakage From Fire Protective Systems product" leaves your control or
insurance for premises rented to you or possession;
temporarily occupied by you with
permission of the owner; (6) Expiration of Shelf Life
The expiration of the designated
6. PRODUCT RECALL EXPENSE shelf life of"your product".
NOTICE: COVERAGE FOR "DEFENSE EXPEN- (7) Deterioration, Decomposition, Or
SES" IS SUBJECT TO THE LIMIT OF Chemical Transformation
INSURANCE, NOT IN ADDITION TO THE LIMIT Transformation of a chemical
OF INSURANCE. THIS MEANS THAT PAYMENT nature, deterioration or decompo-
FOR "DEFENSE EXPENSES" REDUCES THE sitions of"your product". This ex-
AMOUNT AVAILABLE TO PAY FOR DAMAGES. clusion does not apply if it is
caused by:
A. Exclusion n. under COVERAGE A (Section (i) An error in manufacturing,
I) -is replaced by the following: design or processing;
(ii) Transportation of"your product";
n. Recall Of Products, Work Or Impaired or
Property (iii) Product tampering.
Damages claimed for any loss, cost or (8) Otherwise Excluded Products
expense incurred by you or others for Recall of any specific products for
the loss of use, withdrawal, recall, which "bodily injury" or "property
inspection, repair, replacement, damage" is excluded under
adjustment, removal or disposal of Coverage A (Section I) by
"your product" if "your product" is endorsement.
withdrawn or recalled from the market
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(9) Government Ban "your product" and the reason for
A recall of "your product" or a withdrawal or recall;
component contained within "your
product"which has been: (2) Cease any further release, shipment,
(i) Banned from the market by an consignment or any other method of I
authorized government entity distribution of like or similar products
prior to the policy period; or until it has been determined that all
(ii) Distributed or sold by you such products are free from defects
subsequent to any government- that could be a cause of loss under
al ban. this insurance.
(10)Third Party Damages, Fines And 7. MEDICAL PAYMENTS
Penalties
Any compensatory damages, A. Paragraph 1.a. under COVERAGE C —
fines, penalties, punitive or exem- MEDICAL PAYMENTS (Section I) is replaced
plary or other non-compensatory by the following:
damages imposed upon the in-
sured. 1. Insuring Agreement
reement
a. We will pay medical expenses as
B. The following is added to paragraph 3 under described below for "bodily
WHO IS INSURED (Section II): injury"caused by an accident:
(1) On premises you own or
COVERAGE A does not apply to rent;
"product recall expense" arising out of (2) On ways next to premises
any withdrawal or recall that occurred you own or rent; or
before you acquired or formed the (3) Because of your operations;
organization.
provided that:
C. LIMITS OF INSURANCE(Section III) is
replaced by the following: (1) The accident takes place in
the "coverage territory" and
3. The Products-Completed Operations during the policy period;
Aggregate Limit is the most we will (2) The expenses are incurred
pay for the sum of: and reported to us within
a. Damages under Coverage A three years of the date of the
because of "bodily injury" and accident; and
"property damage" included in (3) The injured person submits to
the "products completed opera- examination, at our expense,
tions hazard"; by physicians of our choice
as often as we reasonably
b. "Product recall expenses"; and require.
c. "Defense expenses".: B. Paragraph 7. under LIMITS OF INSURANCE
(Section III) is replaced by the following:
D. The following is added under LIMITS OF
INSURANCE (Section III): 7. Subject to 5. above, the Medical
Expense Limit of$10,000 is the most
Subject to 5. above, $100,000 is the we will pay under Coverage C for all
most we will pay for all "product recall medical expenses because of "bodily
expenses" and "defense expenses" injury"sustained by any one person.
arising out of the same known or
suspected defect, deficiency, inadequacy 8. SUPPLEMENTARY PAYMENTS
or dangerous condition in "your
product". Paragraph 1 under SUPPLEMENTARY
PAYMENTS— COVERAGES A AND B (Section I)
E. The following is added under COMMERCIAL is revised as follows:
GENERAL LIABILITY CONDITIONS (Section
IV): We will pay, with respect to any claim we
investigate or settle, or any"suit" against an
You must see to it that the following are insured we defend:
done in the event of an actual or
anticipated "covered recall" that may b. Up to$1,000 for cost of bail required
result in "product recall expense"; because of accidents or traffic laws
violations arising out of the use of any
(1) Give us prompt notice of any vehicle to which the Bodily Injury
discovery or notification that "your Liability Coverage applies. We do not
product" must be withdrawn or have to furnish these bonds.
recalled. Include a description of
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d. All reasonable expenses incurred by the absence of the contract or
insured at our request to assist us in the agreement.
investigation or defense of the claim or
"suit", including actual loss of earnings (2) Express Warranty
up $500 a day because of time off from Any express warranty unauthorized
work. by you.
9. BROAD FORM NAMED INSURED (3) Physical or Chemical Change
Any physical or chemical change in
The following is added to paragraph 2. under the product made intentionally by the
WHO IS INSURED (Section II): vendor.
Any subsidiary and subsidiary thereof which (4) Repackaging
is a legally incorporated entity of which you Repackaging, unless unpacked solely
own a financial interest of more than 50% of for the purpose of inspection,
the voting stock on the effective date of the demonstration, testing or
Coverage Part.The insurance afforded herein substitution of parts under
for any subsidiary not named in the instructions from the manufacturer,
Coverage Part as a named insured does not and then repackaged in the original
apply to injury or damage with respect to container.
which an insured under this Coverage Part is
also an insured under another policy or (5) Failure to Make Inspections,
would be an insured under such policy but Adjustments,Tests or Servicing
for its termination or the exhaustion of its Any failure to make such
limits of insurance. inspections, adjustments, tests or
servicing as the vendor has agreed to
10.NEWLY FORMED OR ACQUIRED make or normally undertakes to make
ORGANIZATIONS in the usual course of business, in
connection with the distribution or
Paragraph 3.a. under WHO IS INSURED(Section sale of the products.
II) is replaced by the following:
(6) Demonstration, Installation, Servicing
a. Coverage under this provision is afforded or Repair
only until the 180th day after you Demonstration, installation, servicing
acquire or form the organization or the or repair operations, except such
end of the policy period, whichever is operations performed at the vendor's
earlier; premises in connection with the sale
of the product.
11.ADDITIONAL INSURED - BROAD FORM
VENDORS (7) Labeling, Re-labeling or Other Use of
Products After Distribution
The following is added to WHO IS INSURED Products which, after distribution or
(Section II): sale by you, have been labeled or
re-labeled or used as a container,
Any person or organization with whom you part or ingredient of any other thing
have agreed, because of a written contract or substance by or for the vendor.
or agreement to provide insurance, but only
with respect to "bodily injury" or "property b. This insurance does not apply to any
damage" arising out of "your products" insured person or organization, from
which are distributed or sold in the regular whom you have acquired such products,
course of the vendor's business, subject to or any ingredient, part or container,
the following additional exclusions: entering into, accompanying or
containing such products.
a. Exclusions
The insurance afforded the vendor does c. This insurance does not apply if"bodily
not apply to: injury"or"property damage" included
within the "products-completed
(1) Contractual Liability operations hazard" is excluded either by
"Bodily injury" or "property damage" the provisions of the Coverage Part or by
for which the vendor is obligated to endorsement.
pay damages by reason of the
assumption of liability in a contract 12.KNOWLEDGE OF OCCURRENCE
or agreement. This exclusion does
not apply to liability for damages that The following is added to paragraph 2 under
the vendor would have in the COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
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Knowledge of an "occurrence", offense, the owner is not an "insured
claim or "suit" by any agent, servant or contract";
employee of any insured, or receipt by any b. A sidetrack agreement;
agent,servant or employee of any insured of c. Any easement or license agreement,
any demand, notice, summons or other legal except in connection with
paper in connection with a claim or "suit", construction or demolition operations
shall not in itself constitute knowledge of on or within 50 feet of a railroad;
any insured or receipt by any insured unless d. An obligation, as required by
such "occurrence", offense, claim, or "suit" ordinance, to indemnify a
is known to or received by: municipality, except in connection
with work for a municipality;
(1) You, if you are an individual; e. An elevator maintenance agreement;
(2) A partner, if you are a partnership; f. That part of any other contract or
(3) A manager, if you are a limited liability agreement pertaining to your
company; or business (including an
(4) An "executive officer" or insurance indemnification of a municipality in
manager, if you are a corporation. connection with work performed for
a municipality) under which you
13.UNINTENTIONAL FAILURE TO DISCLOSE assume the liability of another party
HAZARDS to pay for "bodily injury" or
"property damage" to a third person
Paragraph 6. under COMMERCIAL GENERAL or organization.
LIABILITY CONDITIONS (Section IV) is replaced
by the following: Paragraph f. does not include that
part of any contract or agreement:
6. Representations
a. By accepting this policy,you agree: (1) That indemnifies a railroad for
bodily injury" or "property
(1) The statements in the Decla- damage" arising out of
rations are accurate and corn- construction or demolition
plete; operations, within 50 feet of any
(2) Those statements are based railroad property and affecting
upon representations you made any railroad bridge or trestle,
to us; and tracks, roadbeds, tunnel,
or(3) We have issued this policy in (2) Thatrpass indemnfessia architect,
reliance upon your represen- engineer or surveyor for injury or
tations. damage arising out of:
b. We will not deny coverage under this (a) Preparing, approving or failing
Coverage Part because of your to prepare or approve maps,
unintentional failure to disclose all shop drawings, opinions,
existing hazards at the inception date reports, surveys, field orders,
of your policy. change orders or drawings
and specifications; or
14. DEFINITIONS (b) Giving directions or
instructions, or failing to give
A. The following definitions are revised under them, if that is the primary
DEFINITIONS (Section V): cause of the injury or
damage;or
1. Bodily Injury (3) Under which the insured, if an
"Bodily injury" means bodily injury, architect, engineer or surveyor,
sickness or diseased sustained by a assumes liability for an injury or
person, including mental anguish or damage arising out of the
death resulting from any of these at any insureds rendering or failure to
time. render professional services,
including those listed in (2)
2. Insured Contract above and supervisory,
means:
inspection, architectural or
Insured contract"
a. A contract for a lease of premises. engineering activities.
However,that portion of the contract 3. Mobile Equipment
for a lease of premises that
indemnifies any person or Paragraph 12.f.(1)(a)(b)(c) does not
organization for damage by fire, apply to self-propelled vehicles of less
explosion,smoke or leakage from fire than 1000 pounds gross vehicle weight.
protection systems to premises while 4. Personal and Advertising Injury
rented to you or temporarily The following is added to the "personal
occupied by you with permission of and advertising injury"definition:
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"Personal and advertising injury" (2) Shipping the recalled products
includes discrimination or humiliation from any purchaser, distributor
that results in injury to the feelings or or user to the place or places
reputation of a designated by you;
natural person, but only if such (3) Remuneration paid to your regular
discrimination or humiliation is: "employees" for necessary
(1) Not done intentionally by or at the (4) overtime;
drection of; Hiring additional persons, other
a. Any insured; or than regular"employees";
b. Any "executive officer," director, (5) Expenses incurred by "employ-
stockholder, partner or member ees" including transportation and
of the insured; and accommodations;
(6) Expenses to rent additional
(2) Not directly or indirectly related to warehouse or storage space;
the employment, prospective (7) Disposal of "your product," but
employment or termination of only to the extent that specific
employment of any person or methods of destruction other
persons by any insured. than those employed for trash
discarding or disposal are
B. The following definitions are added under required to avoid "bodily injury"
DEFINTIONS(Section V): or"property damage"as a result
of such disposal; and
1. Borrowed Personal Property b. Your lost profit resulting from such
"Borrowed personal property" means "covered recall."
personal property other than "auto"
which you receive from another for 4. Defense Expenses
temporary use in your business with the Solely for the of Products Recall
intent to return it or its equivalent. Coverage, "defense expenses" means
payments allocated to a specific "claim"
"Borrowed personal property" does not we investigate, settle or defend, for its
include: investigation, settlement or defense,
a. Personal property owned by: including:
(1) You or your spouse if you are an (a) Fees and salaries of attorneys and
individual; paralegals we retain, including
(2) Your members, partners or their attorneys and paralegals who are our
spouses if you are a partnership "employees."Feeoattorneys the insured retains
or joint venture; (b) y
(3) Your members or managers if when, by our mutual agreement or
you are a limited liability court order (or when required by
company; administrative hearing or proceed-
(4) Your "executive officers" or ing), the insured is given the right to
directors if you are an retain defense counsel to defend
organization other than a against a "claim."
partnership, joint venture or (c) All other litigation or administrative
limited liability company; or hearing expenses, including fees or
b. Personal property that is rented, expenses of expert witnesses hired
leased or hired. either by us or by the defense
attorney retained by an insured.
2. Covered Recall (d) Reasonable expenses incurred by the
"Covered recall" means a recall made insured at our request to assist us in
necessary because you or a government the investigation or defense of the
body has determined that a known or "claim," including actual loss of
suspected defect, deficiency, inadequacy earnings up to $500 a day because
or dangerous condition in"your product" of time off from work.
has resulted or will result in "bodily (e) Costs taxed against the insured in
injury"or"property damage." the "suit."
3. Product Recall Expense "Defense expense" does not include
"Product recall expense" means: salaries and expenses of our
a. The following necessary and "employees" or the insured's
reasonable expenses you incur "employees" other than those described
exclusively for the purpose of in Paragraphs(a)and(d)above.
recalling "your product":
(1) Communications, including radio 15.COVERAGE D—EMPLOYMENT-RELATED
or television announcements or PRACTICES LIABILITY
printed advertisements including
stationery, envelopes and NOTICE: COVERAGE FOR "DEFENSE EX-
postage; PENSES" IS SUBJECT TO THE LIMIT OF
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INSURANCE, NOT IN ADDITION TO THE LIMIT malicious act or omission or has
OF INSURANCE. THIS MEANS THAT PAYMENT instructed, directed or provided approval
FOR "DEFENSE EXPENSES" REDUCES THE for another concerning such acts or
AMOUNT AVAILABLE TO PAY FOR DAMAGES. omissions.
Employment- Related Practices Liability coverage (2) Contractual Liability
is added as follows: "Injury" for which the insured is
obligated to pay damages by reason of
A. Insuring Agreement the assumption of liability in a contract
(1) We will pay those sums the insured or agreement. This exclusion does not
becomes legally obligated to pay as apply to liability for damages that the
damages resulting from "injury"to which insured would have in the absence of the
this insurance applies. We will have the contract or agreement.
right and duty to defend the insured
against any "suit" seeking those (3) Workers Compensation And Similar Laws
damages. However, we will have no Any obligation of the insured under a
duty to defend the insured against any workers compensation, disability benefits
"suit" seeking damages because of an or unemployment compensation law or
"injury"to which this insurance does not any similar law.
apply. We may, at our discretion,
investigate any incident that may result (4) Americans With Disabilities Acts
in "injury." We may, with your written "Injury" arising out of your failure to
consent, settle any "claim" that may comply with any of the accommodations
result. But: for the disabled required of you by, or
a. The amount we will pay for damages any expenses incurred as the result of
or "defense expenses" is limited as modifications made to accommodate any
described herein; person pursuant to, the Americans With
b. The coverage and duty to defend Disabilities Act, or any amendments
provided by this policy will end when thereto, or any similar state or local
we have used up the applicable limit statutes, rules or regulations to the
of insurance for "defense expenses" extent that they prescribe responsibilities
or the payment of judgments or or duties concerning the same acts or
settlements. omissions.
No other obligation or liability to pay (5) Violation Of Laws Applicable To
sums, such as civil or criminal fines, Employers
imposed on you or any other insured, or A violation of your responsibilities or
to perform acts or services is covered duties required by any other federal,
unless explicitly provided for under state or local statutes, rules or
Supplementary Payments. regulations, and any rules or regulations
promulgated therefor or amendments
(2) This insurance applies to "injury"only if: thereto, except for the following: Title
a. The "injury" arises out of an offense VII of the Civil Rights Act of 1964 and
that takes place in the "coverage amendments thereto, the Age
territory"; and Discrimination in Employment Act, the
b. The offense out of which the "injury" Equal Pay Act, the Pregnancy
arose commenced during the policy Discrimination Act of 1978, the
period. Immigration Reform Control Act of 1986
and the Family and Medical Leave Act of
B. Exclusions 1993 or any other similar state or local
This insurance does not apply to: statutes, rules or regulations to the
extent that they prescribe responsibilities
(1) Criminal,Fraudulent Or Malicious Acts or duties concerning the same acts or
An insured's liability arising out of omissions.
criminal, fraudulent or malicious acts or
omissions by that insured, or arising out (6) Strikes and Lockouts
of that insured's knowing acquiescence "Injury" to any striking or locked-out
or failure to act, or instruction, direction, "employee" or to an "employee" who
or approval given to another concerning has been temporarily or permanently
such acts or omissions. replaced due to an labor dispute.
This exclusion does not affect our duty (7) Sexual Harassment
to defend, in accordance with Paragraph Liability of that insured who commits a
A.1. above, an insured prior to "sexual harassment"offense.
determining, through the appropriate
legal processes, that that insured is This exclusion does not affect our duty
responsible for a criminal, fraudulent or to defend that insured prior to
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determining, through the appropriate d. An organization other than a
legal processes, that that insured has partnership, joint venture or limited
committed a "sexual harassment" liability company, you are an insured.
offense, other than an assault or battery. Your "executive officers" and your
directors are also insureds.
(8) Employment, Termination Or Relocation
Due To Business Decisions (2) Your"employees"who hold managerial
"Injury" arising out of termination of or supervisory positions are also
employment, job relocation or insureds.
reassignment, if the action is taken
because; No person or organization is an insured with
a. You have filed for bankruptcy respect to the conduct of any current or past
protection, or your are placed in partnership, joint venture or limited liability
receivership or liquidation; company that is not shown as a Named
b. You have merged with or been Insured in the Declarations.
acquired by another business entity;
c. You have closed an operation or a E. LIMITS OF INSURANCE(Section III) is
business location; or replaced by the following:
d. Your business location is partly
closed or the size of an operation Limits of Insurance
must be reduced because of fire or (1) The most we will pay is$15,000 for the
other disasters beyond your control. sum of:
a. All claims for damage arising out of
(9) Intentional Injury an "injury"; and
Liability of that insured who commits an b. "Defense expenses" for all claims
act of intentional "discrimination" or seeking damages payable under
coercion. Paragraph(1) above.
(2) The most we will pay for all damages
This exclusion does not affect our duty and "defense expenses" arising out of
to defend that insured prior to "injuries" during the policy period is
determining, through the appropriate $15,000.
legal processes, whether that insured (3) The limits of insurance apply separately
committed such act. to each consecutive annual period and to
any remaining period of less than 12
(10)Retaliatory Actions months, starting with the beginning of
Liability arising out of an insured's the policy period shown in the
retaliatory action against a person Declarations, unless the policy period is
because the person has: extended after issuance for an additional
a. Declined to perform an illegal or period of less than 12 months. In that
unethical act; case, the additional period will be
b. Filed a complaint with a governmental deemed part of the last preceding period
authority or a "suit" against you or for purposes of determining the limits of
any other insured in which damages insurance.
are claimed.
c. Testified against you or any other F. Paragraph 2 under COMMERCIAL GENERAL
insured at a legal proceeding; or LIABILITY CONDITIONS(Section IV) is
d. Notified a proper authority of any replaced by the following:
aspect of your business operation
which is illegal. 2. Duties In The Event Of A "Claim"Or
An Incident That May Result In
C. SUPPLEMENTARY PAYMENTS (Section 1) is "Injury"
extended to apply to COVERAGE D — a. If a "claim" isreceived by any
EMPLOYMENT RELATED PRACTICES. insured,you must:
(1) Immediately record the
D. WHO IS INSURED (Section II) is replaced by specifics of the "claim" and
the following: the date received; and
(2) Notify us, in writing, as soon
(1) If you are designated in the Declarations as practicable.
as:
a. An individual, you and your spouse b. You and any other involved
are insureds. insured must:
b. A partnership or joint venture, you (1) Immediately send us copies
are an insured. Your partners or your of any demands, notices,
members are also insureds. summonses or legal papers
c. A limited liability company, you are received in connection with
an insured. Your members are also the "claim";
insureds.
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(2) Authorize us to obtain either by us or by the defense
records and other attorney retained by an insured.
information;and (d) Reasonable expenses incurred by the
(3) Cooperate with us in the insured at our request to assist us in
investigation or settlement of the investigation or defense of the
the "claim" or defense "claim," including actual loss of
against the"suit." earnings up to $500 a day because
(4) Assist us, upon our request, of time off from work.
in the enforcement of any (e)Costs taxed against the insured in the
right against any person or "suit."
organization which may be
liable to the insured because "Defense expenses" does not include
of "injury" or damage to salaries and expenses of our "em-
which this insurance may ployees" or the insured's "employees"
also apply. other than those described in Paragraphs
c. No insured will, except at that (a)and (d) above.
insured's own cost, voluntarily
make a payment, assume any (4) Discrimination
obligation, or incur any expense "Discrimination" means violation of a
without our written consent. person's civil rights with respect to such
d. If you have knowledge of an person's race, color, national origin,
incident which may result in religion, gender, marital status, age,
"injury" and for which a "claim" sexual orientation or preference, physical
has not yet been received, you or mental condition, or any other
must notify us, in writing, as protected class or characteristic estab-
soon as practicable. lished by any federal, state of local
statutes, rules or regulations.
G. DEFINITIONS (Section V)is replaced by the
following: (5) Employee
"Employee" includes a "leased worker"
(1) Claims and a "temporary worker."
"Claim" means a "suit" or demand made
by or for the injured person for damages (6) Executive Officer
because of alleged "injury." "Executive officer" means a person
holding any of the officer positions
(2) Coverage Territory created by your charter, constitution,
"Coverage territory"means: by-laws or any other similar governing
(a) The United States of America document.
(including its territories or
possessions)and Puerto Rico; or (7) Injury
(b) All parts of the world if the insured's "Injury" means injury to a person arising
responsibility to pay damages is out of one or more of the following
determined in a "suit" on the merits offenses:
brought in the territory described in (a) Refusal to employ the person,
a. above or in a settlement we agree termination of the person's
to. employment, demotion or failure to
promote, negative evaluation,
(3) Defense Expense reassignment, discipline, defamation
"Defense expenses" means payments or humiliation of the person, based
allocated to a specific "claim" we on "discrimination" directed at that
investigate, settle or defend, for its person;
investigation, settlement or defense, (b) Coercing that person to commit an
including: unlawful act or omission within the
(a) Fees and salaries of attorneys and scope of the person's employment;
paralegals we retain, including (c) Work-related "sexual harassment";
attorneys and paralegals who are our or
"employees." (d) Other work-related verbal, physical,
(b) Fees of attorneys the insured retains mental or emotional abuse directed
when, by our mutual agreement or at the person with respect to that
court order (or when required by person's race, color, national origin,
administrative hearing or proceed- religion, gender, marital status, age,
ing), the insured is given the right to sexual orientation or preference,
retain defense counsel to defend physical or mental condition, or any
against a "claim." other protected class or char-
(c) All other litigation or administrative acteristic established by any federal,
hearing expenses, including fees or state or local statutes, rules or
expenses of expert witnesses hired regulations.
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(8) Leased Worker (b) Any other alternative dispute
"Leased worker" means a person leased resolution proceeding in which such
to you by a labor leasing firm under an damages are claimed and to which
agreement between you and the labor the insured submits with our
leasing firm, to perform duties related to consent; or
the conduct of your business. "Leased (c) Any administrative proceeding or
worker" does not include a "temporary hearing conducted by a
worker." governmental agency (federal, state
or local) having the proper legal
(9) Sexual Harassment authority over the matter in which
"Sexual harassment" means unwelcome such damages are claimed.
sexual advances, requests for sexual
favors, or other verbal, visual or physical (11) Temporary Worker
conduct of a sexual nature when such "Temporary worker" means a person
conduct: who is furnished to you to substitute for
(a) Is linked with a decision affecting an a permanent "employee" on leave or to
individual's employment; meet seasonal or short-term workload
(b) Interferes with an individual's job conditions.
performance;or
(c) Creates an intimidating, hostile or H. Deductible
offensive working environment for an (1) Our obligation to pay damages and
individual. "defense expenses"applies only to the
amount in excess of$3,000 as a result
(10) Suit of any one "injury."
"Suit" means a civil proceeding in which
damages because of "injury" to which (2) We may pay any part or all of the
this insurance applies are alleged, deductible amount to effect settlement
including: of any claim or "suit" and, upon
(a) An arbitration proceeding in which notification of the action taken, you shall
such damages are claimed and to promptly reimburse us for such part of
which the insured must submit or the deductible amount as has been paid
does submit with our consent; by us.
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Safety Claims&Inst.iraiCu Workplac;n Rights Trades&Licensing
iii,
illikk Washington State Department of
AO Labor & Industries
COBBLESTONE CATERING & EVENTS LLC
Owner or tradesperson 2426 N DISCOVERY PL
JASON HOY SPOKANE VALLEY,WA 99216-5055
Doing business as
COBBLESTONE CATERING
WA UBI No. Governing persons
603 462 739 JASON
HOY
ROBERT JAMES ADOLFSON;
Workers' comp
Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums.
L&I Account ID Call L&I account representative for account
521,579-00 status.
Doing business as
COBBLESTONE CATERING
Estimated workers reported 1
Incomplete premium report received.
L&I account representative
Collections Dialer Unit, 800-301-1826-Email:dialercollections@Lni.wa.gov
Workplace safety and health
Check for any past safety and health violations found on jobsites this business was responsible for.
O Washington Strafe Dept.of Labor&Industries.Use of this site is subject to the taws of the slit:
https://secure.lni.wa.gov/verify/Detai I.aspx?U BI=603462739&SAW=False 1/1