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23-046.00 Anytime Towing: City Property Towing Svcs Contrac No.23-046 AGREEMENT FOR SERVICES Anytime Towing and Recovery THIS AGREEMENT is made by and between the City of Spokane Valley, a code ity of the State of Washington, hereinafter "City" and Anytime Towing and Recovery hereinafter "l onsultant," jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree : follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to s.tisfactorily complete the Scope of Services,attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City anager or designee to review the Scope of Services, schedule, and date of completion. Upon .otice from the City Manager or designee, Consultant shall commence work, perform the request-d tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in enterin: into this Agreement. By execution of this Agreement, Consultant represents it possesses the a.ility, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of a::reed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and su ficient for the timely provision of all professional services required to complete the Scope of Sery ces under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documen resulting therefrom,and City shall not be responsible for discovering deficiencies therein. Cons itant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession and performing t - same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work henever necessary or advisable. Consultant will accept modifications when ordered in writing b the City Manager or designee, so long as the additional work is within the scope of Consultant s area of practice. Compensation for such modifications or changes shall be as mutually agree. between the Parties. Consultant shall make such revisions in the work as are necessary to correc' errors or omissions appearing therein when required to do so by City without additional compens.tion. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and sh. 1 remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 314 2024.After successful completion of term the City and Contractor may enter into up to three additional and sequential two-year renewals, whic may be 23-046 Anytime Towing Page 1 of 10 Contract No.23-046 exercised by the City Manager or designee Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of terminat.on without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant agreed tow rates as listed as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name:Christine Bainbridge,City Clerk Name:Ammar Shahin Phone: (509)720-5000 Phone:509-270-9444 Address: 10210 East Sprague Avenue Address:5908 E Knox Avenue Spokane Valley,WA 99206 Spokane Valley,WA 99212 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant 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 of 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 statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen 23-046 Anytime Towing Page 2 of 10 Contrac No.23-046 property; 3. Are not presently indicted for or otherwise criminally or civilly c arged by a governmental entity (federal, state, or local) with commission of any of t e offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/p i oposal had one or more public transactions(federal,state,or local)terminated for cause o default. B. Where the prospective primary participant is unable to certify to any of the state nts in this certification,such prospective participant shall attach an explanation to this Agreement 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an i dependent contractor and not the agent or employee of City,that City is interested in only the results to b 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 Consultant. Any and all employees who provide services to ity under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any li;bility that may attach thereto. 9. Ownership of Documents. All drawings,plans, specifications, and other related documen is prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The writte , graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement s .11, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these ..cuments, including reproducible camera-ready originals of reports,reproduction quality mylars of maps, ;nd copies in the form of computer files, for the City's use. City shall have unrestricted authority t. publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, image., or other material prepared under this Agreement, provided that Consultant shall have no liability for he use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access o and the right to examine during normal business hours all of Consultant's records with respect to .11 matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make e cerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls, .nd record of matters covered by this Agreement for a period of three years from the date fmal payme is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, 'nsurance 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 Consultant, its agents, representatives, empl yees, or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the y pes and coverages described below: 1. Automobile liability insurance covering all owned, non-owned, hired, . d leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 23-046 Anytime Towing Page 3 of 10 Contrac No.23-046 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CO 00 01 and shall cover liability arising from premises, operatio s, stop-gap independent contractors and personal injury, and advertising injury. City sha 1 be named as an additional insured under Consultant's commercial general liability insu :nce policy with respect to the work performed for the City using an additional insured e dorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance aws of the State of Washington. B.Minimum Amounts of Insurance. Consultant shall maintain the following insuranc: limits: 1.Automobile liability insurance with a minimum combined single limit for b dily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits n. less than $2,000,000 each occurrence,and$2,000,000 general aggregate. C. Other Insurance Provisions. The Consultant's policies are to contain, or be e dorsed to contain, the following provisions for automobile liability and commercial gener 1 liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect tI the City. Any insurance, self-insurance, or self-insured pool coverage maintained by Ci shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work w h written notice of any policy cancellation within two business days of their receipt of su h notice. 3. If Consultant maintains higher insurance limits than the minimums shown a'ove, City shall be insured for the full available limits of commercial general and excess o umbrella liability maintained by Consultant, irrespective of whether such limits mai tamed by Consultant are greater than those required by this Agreement or whether any ce ificate of insurance furnished to the City evidences limits of liability lower than those aintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall c nstitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately to Mate the Agreement, or at its sole discretion,procure or renew such insurance and pay a y and all premiums in connection therewith, with any sums so expended to be repaid t 1 City on demand, or at the sole discretion of the City,offset against funds due Consultan from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current .M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this A:reement, Consultant shall furnish the City with original certificates and a copy of the . endatory endorsements, including but not necessarily limited to the additional insured end'rsement, 23-046 Anytime Towing Page 4 of 10 Contrac No.23-046 evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, ind•mnify, and hold harmless City and its officers, agents, and employees, from any and all claims, ac pions, suits, liability, loss, costs, attorney's fees, 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 iI e services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subje t to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or Damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, is officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further speci wally and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51,RCW, solely for the purpose of this indemnific.tion. This waiver has been mutually negotiated by the parties. The provisions of this section shall • rvive the expiration or termination of this Agreement. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either P. has the power, right, or authority to waive any of the conditions or provisions of this Agreement. • waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperfo •nce. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and n 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 vali 4 ity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or .11 of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subco tracts for any of the work contemplated under this Agreement without obtaining prior written approval of ity. 16. Confidentiality. Consultant may,from time-to-time, receive information which is deemed y City to be confidential. Consultant shall not disclose such information without the prior express writte consent of City or upon order of a court of competent jurisdiction. 17.Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Wash ngton in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's r=.nest, be joined as a party in any arbitration proceeding between City and any third party that includes . claim or claims that arise out of, or that are related to Consultant's services under this Agreement. •s nsultant further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising o t of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expe witness fees). 23-046 Anytime Towing Page 5 of 10 Contrac No.23-046 19. Entire Agreement. This written Agreement constitutes the entire and complete agreem:nt between the Parties and supersedes any prior oral or written agreements. This Agreement may not e changed, modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of 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 ha e solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any I erson with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the perlorma ce of this Agreement,the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws -et forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-dis•rimination in federally-assisted programs as adopted or amended from time-to-time, which . e herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant, with regard to the work performed by it •uring this Agreement, shall not discriminate on the grounds of race,color,or national origin in th selection and retention of subcontractors, including procurements of materials and leases of :quipment. Consultant shall not participate directly or indirectly in the discrimination prohibited •h the Acts and the Regulations, including employment practices when the contract covers an, activity, project,or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipm=nt. In all solicitations, either by competitive bidding, or negotiation made by Consultant for ork to be performed under a subcontract,including procurements of materials,or leases of equip ent,each potential subcontractor or supplier shall be notified by Consultant of Consultant's •bligations under this Agreement and the Acts and the Regulations relative to non-discriminati•n on the grounds of race,color,or national origin. D. Information and Reports. Consultant shall provide all information and reports requi ed by the Acts,the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determin-d by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regula ions, and instructions. Where any information required of Consultant is in the exclusive pos.ession of another who fails or refuses to furnish the information, Consultant shall so certify to t e City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the nondiscrimination provisions of this Agreement,the City will impose such contract sane ions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant omplies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. 23-046 Anytime Towing Page 6 of 10 Contrac No.23-046 F. Incorporation of Provisions. Consultant shall include the provisions of paragra s hs of these Contract Clauses in every subcontract, including procurements of materials am leases of equipment, unless exempt by the Acts, regulations and directives issued pursu, t thereto. Consultant shall take action with respect to any subcontract or procurement as the ity or the WSDOT may direct as a means of enforcing such provisions, including sa ctions for noncompliance. Provided,that if Consultant becomes involved in,or is threatened wi litigation by a subcontractor or supplier because of such direction, Consultant may request t at the City enter into any litigation to protect the interests of the City. In addition, Consultant ay request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agr.ement, the Consultant agrees to comply with the following non-discrimination statutes and ;uthorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin);and 49 C'R Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies A t of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose p ioperty has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discri ination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section -7123), as amended,(prohibits discrimination based on race,creed,color,national origin, 'r sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrim. ation Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the de coition of the terms "programs or activities" to include all of the programs or activit'-s of the Federal-aid recipients,sub-recipients and contractors,whether such programs o activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimi ation on the basis of disability in the operation of public entities,public and private tran•portation systems, places of public accommodation, and certain testing entities (4' U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); 23-046 Anytime Towing Page 7 of 10 Contract No.23-046 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. §1681 et seq.). 22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be `.field 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: A. Scope of Services B.Fee proposal C.Insurance Certificates D. Table of Covered Properties The Parties have executed this Agreement this /77'$lay of February,2023. CITY OF SPOKANE VALLEY ANYTIME TOWING AND RECO . % hma City Manager By: ;:.:1001('-.:„.),.. Its: O APPROVED AS TO FORM: ce of the CI Attorney 23-046 Anytime Towing Page 8 of 10 EXHIBIT A Scope of Work This scope of work identifies the various tow services Anytime Towing will perform p rsuant to the Agreement. I. Towing from City properties -Within two hours of written authorization from an .uthorized City representative, Anytime Towing will remove a vehicle which remained parked overnight within the following places and tow those vehicles to a yard located within the City lim ts: a. All current and future City-owned or managed properties including, but not imited to those listed in the table Attached as Exhibit D, as it may be amended: II. Towing from rights-of-way relating to road projects - The City occasionally need vehicles removed from a street construction zone, either during the preparation for or in the •rocess of construction. The City adopted Resolution 17-003, which authorizes these project-rel.ted tows, and requires that certain conditions be met first with regard to notice to the vehicle own r. a. The City shall undertake all necessary steps required by Resolution 17-00 prior to requesting assistance from Anytime Towing for tows authorized by this Section I. b. The City shall attempt to provide Anytime Towing at least 24 hours prior t. when a vehicle needs to be towed. The parties acknowledge that some vehicles will n.ed to be towed with less notice. For those vehicles, Anytime Towing will respond an I remove vehicles as directed in writing by the City within two hours. c. Vehicles removed pursuant to this Section II shall be towed to a spot on pu.lic right- of-way reasonably close to where the vehicle was towed from and released, which is anticipated to be within two blocks, as determined by parking availability. d. Anytime Towing shall photo-document the location from which each -hide is removed and to where each vehicle is towed, with street addresses noted, an. provide such information to the City Engineer or designee within four hours of compl-ting the move. The City shall maintain this information in the project file, and at he front reception area for at least 30 days. III. Anytime Towing shall be responsible for installation and maintenance of all si: age in parking areas relating to parking regulations, including park hours and towing pu suant to chapter 46.55 RCW. The City shall designate where all signs may be posted, and • ytime Towing shall consult with the City prior to posting a sign at any City facility to ensure each is posted in the proper location. Anytime Towing will replace any sign when it becomes lamaged or unreadable, or at the request of the City at any time. IV. Anytime Towing shall be responsible for operating within the confines of all 1:ws and regulations related to towing, including but not limited to chapter 46.55 RCW. EXHIBIT B Fee Proposal I..The cost for services provided pursuant to subsections A and B shall be as follows: a. All vehicles: $254 per hour — with a minimum of two hours per action re•uest, and increments of 15 minutes thereafter; b. In the event that Anytime Towing becomes the owner of a recreational vehi le towed pursuant to this Agreement, and elects to dispose of the recreational vehicle the City shall pay Anytime Towing $1,000.00 for storage and disposal in addition to t i e towing costs under subsection 1(a)of this Exhibit B. c. In the event that any vehicle towed pursuant to this Agreement is lawfully recl.imed, the City shall owe no fees for that vehicle under this Agreement. ANYTTOW-01 BCHAVEZ AC R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). C PRODUCER N :ACT Spokane Office jArc°NNo,Eat):(509)838-3501 I FAX (NC,No):(866)226-3738 PayneWest Insurance a Marsh McLennan Agency LLC Company E-MqqI 501 N.Riverpoint Blvd.,Ste 403 Mass; Spokane,WA 99202 INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B:Western National Assurance Company 24465 Anytime Towing INSURER C: 5908 E Knox INSURER D: Spokane,WA 99212 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIDDIYYYYI IMMID➢/YYYYI, A X COMMERCIAL GENERAL LIABILITY EACH�OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CPP 1101677 08 10/12/2022 10/12/2023 PREMISES lEa o cEDurrrrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY S 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jET. LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S A AUTOMOBILE LIABILITY (Ea COMBINED en SINGLE LIMIT �_ 1,000,000 ANY AUTO X X CPP 1101158 08 10/12/2022 10/12/2023 BODILY INJURY(Per person) $ — OWNED SCHEDULED ---X AUTOS��� ONLY X AAUUTNOSyyryEp BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTO ONLY ( eracd DAMAGE $ S B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS UAB ^ CLAIMS-MADE CPP1101677 1/19/2023 10/12/2023 AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N PER ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ Mandatory in NHj EXCLUDED? N I A E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of spokane Valley is an additional Insured when required by contract per the forms attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane,WA 99206 AUTHORIZED REPRESENTATIVE 1 �� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ANYTTOW-01 LKORESKI ACORO CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDD YYYY) 10/10/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NApME CT Bree Chavez Spokane Office PHONE No,Ext):(509)755-9319 I(NC,No): PayneWest Insurance,a Marsh McLennan Agency LLC Company E-MAIL 501 N.Riverpoint Blvd.,Ste 403 ADDRESS:bchavez@paynewest.com Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B: Anytime Towing INSURER C 5908 E Knox INSURERD: Spokane,WA 99212 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFT POLICY EXP LIMITS LTR INSD WVD IMM/DD(YYYY) IMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY J2Q LOC PRODUCTS-COMP/OP AGG $ OTHER: c� $ A COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ - ANY AUTO CPP 1101158 07 _ 10/12/2022 10/12I2023 BODILY INJURY(Per person) $ OWNED X SCHEDULEDO BODILY INJURY(Per accident) $ AUTOSRE�ONLY AUTOS BODILY � p X AUTOS ONLY X AUTOS ONLY ((Peer acc dent)AMAGE _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _. EXCESS UAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ $ WORKERS COMPENSATION STATUTEPER ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOERR/PARTNER/EXECUTIVE Y/H N/A E.L.EACH ACCIDENT $ andatory in NH) CLUDED9 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane,WA 99206 AUTHORIZED J REPRESENTATIVE/JENjJj T " ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF WASHINGTON Department of Labor&Industries Certificate of Workers' Compensation Coverage January 18,2023 WA UBI No. 603 144 381 L&I Account ID 221,279-00 Legal Business Name ANYTIME TOWING SPOKANE Doing Business As ANYTIME TOWING SPOKANE Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 3 of Year 2022"4 to 6 Workers" (See Description Below) Account Representative Employer Services Help Line,(360)902-4817 Licensed Contractor? No What does"Estimated Workers Reported'mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter.A single 480 hour position may be filled by one person,or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed,and are liable for premiums found later to be due.Industrial insurance accounts have no policy periods, Exhibit D Table of Covered Properties Contract 23-046 Anytime Towing Parcel Numbers Name/Description Address See Resolution 23-002 All City owned stormwater facilities N/A 55192.9064 Appleway Trailhead at Tschirley Road 3 S. Tschirley Rd 45232.9161 Appleway Trail head at Best Rd 14310 E 2nd Ave 45222.3201, 45221.9191, Appleway Trail N/A 45232.9123, 45231.3401, 45174.9059, Balfour Park 105 N Balfour Park 45174.9031, 45174.9064 45273.9036 Browns Park 3101 South Pines Road 45332.1517 Castle Park 3415 South University Road 45033.9156,45035.9123, 45101.9095, Centennial Trail within Spokane Valley City Limits N/A 45115.9033, (Washington State Parks) 45114.9032, Centennial Trail Trailhead at Barker Rd & Spokane N/A 55083.9063 River Centennial Trail Trailhead at Mirabeau Park(East& 13500 East Mirabeau 45101.9095 West) Parkway CenterPlace Regional Events Center- Discovery 45105.9010 Playground 2426 North Discovery Place 45201.0122 City Hall 10210 East Sprague Avenue 35241.4101 Edgecliff Park 800 South Park Road 55072.0324, Flora North Future Park Property(undeveloped at N/A 55072.0318, Flora Rd between UPRR and Spokane River) 55072.0319, 55075.0218 Flora South Property-Centennial Trail Ped. Access/ 17105 East Montgomery 55073.0458 Future Ped. Bridge Avenue 45222.0313 Unleased portion of former White Elephant property 12614 East Sprauge Avenue 55182.1553, Greenacres Park 131 1 North Long Road 55182.1623, 55182.1624 Mirabeau Point Park-Mirabeau Meadows 13500 East Mirabeau 45105.9010 Parkway Myrna Park 22310 East Saltese Lake 54032.9079, 54032.9080 Road Myrtle Point Natural Area (Centennial Trail west of N/A 45046.9062 Trent Ave) Exhibit D Table of Covered Properties Contract 23-046 Anytime Towing 45033.0201, 45033.0308, Pines Grade Separation Project, Future Right of Way 45033.0309, north and south of Trent Ave west of Spokane River 12425 E Trent Ave 45033.5010, (includes former Fitness Fanatics property) 45033.9090, 45033.9091,45033.9126 45182.9132 Park Road Pool 906 North Park Road 45222.0227 Police Precinct 12710 East Sprague Avenue 44041.9048, Ponderosa Future Park Property(undeveloped at SE 44041.9046, N/A corner 44th Ave & Bates Rd) 44041.0102, 44041.0103,44041.0104 45121.9118 Street Maintenance Shop 17002 East Euclid Avenue 45114.9009 Sullivan Future Park Property(DOT) 2100 N Sullivan Road 45114.9015,45115.9034 Sullivan Park/Western Dance Hall 1901 North Sullivan Road 46352.9149, Summerfied Future Park Property(undeveloped at 46355.9151, Progress Rd&Crown Ave) 46351.9143,46354.9150 45271.9008,45271.9007 Terrace View Park 13525 East 24th Avenue 35232.1304 Vacant Property 4908 East First Avenue 45022.4817 Vacant Property 4216 North Best Road 45093.0646 Valley Mission Park 11123 East Mission Road 45162.0327 Valley Mission Park South(undeveloped) 11202 East Mission Road City entrace sign at the NW City Gateway Sign corner of Appleway Blvd and N/A -Right of Way Thierman Road 2 3 --cq� ANYTTOW-01 BCHAVEZ ACOROm CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/12/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME PHONE FAX (A/C, No, Ext): (509) 838-3501 (A/C, No):(866) 226-3738 S okane Office Marsh McLennan Agency LLC 501 N. Riverpoint Blvd., Ste 403 Spokane, WA 99202 ADDRE S: INSURERS AFFORDING COVERAGE NAIC # INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B : Western National Assurance Company 24465 INSURER C : Anytime Towing INSURER D : 5908 E Knox Spokane, WA 99212 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRrypE OF INSURANCE ADD SUER VAIDPOLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X CPP 1101677 10/12/2023 10/12/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) 100,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL $ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ jE LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X X CPP1101158 10/12/2023 10/12/2024 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB1051203 10/12/2023 10/12/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,006 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER TAT TE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley is an additional insured when required by contract per the forms attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle Y p y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES Bodily Injury And Property Damage Liability PAGE • Non Owned Watercraft Up To 50 Feet................................................................................... 2 Property Damage Liability Elevators............................................................................................................................... 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception .................................................... 3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence..................................................................................... 3 Supplementary Payments — Amended • Bail Bonds Up To$5,000....................................................................................................... 3 • Loss of Earnings Up To $500/Day.................................................... .......... 3 .......................... Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee............................................................................ 4 • Newly Formed Or Acquired Organizations For Up To 180 Days ............................................. 4 • Blanket Additional Insured — Vendors — As Required By Contract .......................................... 4 • Blanket Additional Insured — Lessor Of Leased Equipment .................................................... 6 • Blanket Additional Insured — Managers Or Lessors Of Premises ............................................ 6 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations............................................................ 7 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises ......................... 8 Damage To Premises Rented To You —$300,000............................................................................ 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ............................ 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended ................................................. 9 • Unintentional Failure To Disclose Hazards............................................................................. 9 • Waiver of Subrogation......................................................................................................... 10 InsuredContract Amended.............................................................................................................. 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication.................................................................. 10 CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERAGES AMENDMENTS COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury' or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of ,'mobile equipment". CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises: (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because 'your work!' was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence'; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: i Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub -paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury' arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury' arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co -Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or `volunteer workers" are insureds for "bodily injury' or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above: or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury' or "personal and advertising injury' to any co -"employee" or other "volunteer worker' arising out of and in the course of the co"employee's" or `volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co"employee" or other "volunteer worker", is brought against you or a co -"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker' against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180'h day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 Of 10 The following are added: C. Blanket Additional Insured — Vendors — As Required By Contract 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products -completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contractor agreement; or b. The Limits of Insurance shown in the Declarations; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence" which takes place after the equipment lease expires; A person(s or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury" or "property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement, (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contractor agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured — Managers Or Lessors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CIS MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contractor agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises Section II — Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contractor agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III — LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy, CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2,5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 2 • Loss of Earnings up to $500/Day 2 Transportation Expense Limits —Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 WIN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured employees name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct of your business. COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, Insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy, or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. Liability Coverage Extensions — Supplementary Payments -(2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident" that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does .not apply to an "insured" under any other automobile liability policy, or would be an "insured" under such a policy but for termination of such policy or the exhaustion of such policy's limits of insurance. (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the ;a "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 0 0 0 D. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, S. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. B. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. C. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage D. Glass Repair — Deductible Waiver SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. E. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following; 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private passenger or light truck type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. H. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 M a 0 SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation: or (4) A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or examination of the property which was subject to the "loss". S. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The Waiver applies only to the person or organization designated in such contract. C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Coverage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (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". WN CA 27 06 16 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5