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23-137.01FamilyPromiseAffordableHousingHomelessGrantsDocuSign Envelope ID: 6AB688C3-8096-480B-8C07-7047A19ACB26 AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND FAMILY PROMISE OF SPOKANE Spokane Valley Contract #23.137.01 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Grant Recipient mutually agree as follows: 1. Purpose: This Amendment is for the Grant Agreement for homeless services including the Valley FLASH (Fast -Leasing & Sustainable Housing) Program and capital improvements to the Family Promise's Valley House, by and between the Parties, executed by the Parties on August 17, 2023, and which terminates on December 31, 2024. Said contract is referred to as the "Original Grant Agreement" and its terms are hereby incorporated by reference. 2. Original Grant Agreement Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Grant Agreement and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are attached hereto as Appendix "A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Grant Agreement, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment 41 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: DatelO/27/2023 Award Amount Original Contract Amount August 17, 2023 $1,095,078 Amendment # 1 To be executed N/A Total Award Amount $1,095,078 The parties have executed this Amendment to the Original Contract this Sr day of 2023. CITY OF SPOKANE VALLEY: ohn I-Iohnran City Manager APPROVED AS TO FORM: fft the City oi•�ie GRANT RECIPIENT: 7uSigned- by: C9CDA22190AE4A By: Joe Ader Its: Executive Director DocuSign Envelope ID: 6AB688C3-8096-480B-8C07-7047A19ACB26 APPENDIX "A" Exhibit B of the Original Grant Agreement is removed and replaced with "Exhibit B-1" which is attached to this Appendix A, and incorporated hereirt by this reference. Fuitlicr, any reference to Exhibit B ui the Original Grant Agreement shall mean "Exhibit B-1". The Parties agree to continue to abide by those terms slid conditions of the Original Grant Agieetnent and any amendments thereto which are not specifically modified by this Amendment. 2 Exhibit B-1- Proiect Budget Exhibit B-1 Spokane Valley ARPA I Other Funding: Category & Wages Total Project FCS Budget Grant 449,100 (20,000) Shelter Fees (44,235) Spokane ... . Homeless Grant Budget 384,865 Telephone / Internet 4,200 - (410) 3,790 Utilities 9,465 - (1,030) 8,435 Program Supplies (incl. Food) 7,600 - (800) 6,800 Direct Client Assistance 598,951 - (60,190) 538,761 Office Supplies 1,500 - (60) 1,440 R&M 4,000 - (390) 3,610 Transportation 4,452 - (190) 4,262 Start -Up 13,730 - (1,230) 12,500 Administration 60,695 - (5,080) 55,615 Total Program Operations 1,153,693 (20,000) (113,615) 1,020,078 Capital Improvements 75,000 - - 75,000 Grand Total 1,528,693 (20,000) (113,615) 1,095,078 Spokane Valley FLASH Cunomor 0670 . o O O C (n t0 J x 7 • ToAI Pmfed IS 449moo 5 a 0MOD S M465.00 5 8100W 5 77.00 1 600.0o s 4.000.00 s L952.00 S 12.SM 00 i S 1D0no S s 61S.00 154A39A0 S 75 00 5 1 039.00 Other Fundln :WSAC S 20 OOOAO S - S - S - S - S . S - 5 S . S - S . 5 0000.00 S - S 000.00 Other Funding: FSC Sho1w S 44,235.W S 410. 5 1.030.00 S BW.DO S 60 Q S 60.00 S 390.00 S 290.W $ .00 5 10.001 S 080.00 S - S M13,62S.001 Pro -Rota Adf to Award Total 130. S - S w $ 186.00 $ 5 $ S $ 120-M $ .625.W (336.m S $ 336.00 OperaOperatkV Con Adun—t:2023-10 5 - S 1000.00 $ .GoS 3040.W MOO 5 - S 2=.00 S 3 30.00 S 90.00) S - S - S - S Admrn Cost Adjustmem: 2023.10 $ S - S S S 9.100.00) 5 5 S S S 9100A0 S 5 $ I MK Gnlrt .:,�. S S `.'. jm - 76LW $ --:.-7p40A0 S - ,262A0. $ _.: izsm0o .S ,,-.. ,... 655A0.. OO 000A0O78A0- Admin Cost S SS.61S.00 Taal Budget 5 1,095,078.00 Les: Direct Assistance 5 538.76L00 Admh Cost Banc $ SS6.317.00 Admin hate 10.00% S 44OA00M S 4,2W.D0 S 9.46S.00 $ 7.600.0D 5 S98.9SL00 5 1.500A0 S 4.000.D0 5 4.452.00 5 13,730.00 S m N 0 N D W O 00 00 0 W co O O O 00 00 O�I7 10.00 S 60.69S.00 5 1,153,703.00 5 7S.000.W S 1.228.703A0 T co 0 O v v O 4 v D m D 0 W N O Client#: 194462 FAMIPROM 23- iM. Ob ACORD. CERTIFICATE OF LIABILITY INSURANCE FATE (MMIDDIYYYY) 1 9/25/2023 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 WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance 1201 Pacific Avenue; Suite 1000 NA Kylee Tongue PHONE g00 499-0933 Ext • AIc, Ne : 866 577-1326 -NNE ADDRESS: kylee.tongue@propelinsurance.com COM Construction Tacoma, WA 98402-4321 INSURER(S) AFFORDING COVERAGE NAIC a INSURER A: Church Mutual Insurance Company 18767 INsuREo Family Promise of Spokane 2002 E Mission Avenue INSURER B : _ INSURER C Spokane, WA 99202 INSURER D: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR NND POLICY NUMBER POLICY EFF MMMD/YWY POLICY EXP MMIDD LIMITS A X _ _ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 041801902643290 D911212023 09/12/202 EEAAC,IH�OECCCURRENCE s2 000,000 $1 000,000 PREMISES EaEr uEnance MED EXP (Any one person) $ 5,000 GEN'L X PERSONAL & ADV INJURY s2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY I I JECT LOC — OTHER: GENERAL AGGREGATE , s5,000,000 PRODUCTS - COMP/OP AGG s 2,000,000 $ A AUTOMOBILE X X Xcomp LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY jxx -1000 Coll -1000 041801909643293 9/12/2023 09/12/2024 COMBINED SINGLE LIMITccident Ea a 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per acci ont $ $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE 041801981643294 9/12/2023 09/12/202 EACH OCCURRENCE_ _ AGGREGATE $5 000 000 s5,000,000 DEC) X RETENTION $1 O 000 _ PEROTH- $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A _ _ 041801902643290 _ 9/12/2023 09112/202 1 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT s A Professional Liab L Each Claim - $2,000,000 Aggregate - $5,000,000 I -- .1 -- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Valley FLASH (Fast -Learning & Sustainable Housing) Program Additional Insured Status applies per attached form(s). The City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 ACORD 25 (2016103) 1 Of 1 #S6173045/M6173024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �11/a •M& Alw 9)1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXT01 23-137 Client#: 194462 FAMIPROM 4-)U C -U ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (M/2024 M/DDIYY09/1 M/DDNYYI) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Julie McElderry Propel Insurance PHONE g00 499-0933 866 577-1326 1201 Pacific Avenue; Suite 1000 MALL Ext : A/c, No ADDRESS: Julie.McElderry@propelinsurance.com COM Middle Market INSURER(S) AFFORDING COVERAGE NAIC # Tacoma, WA 98402-4321 _ INSURER A: Church Mutual Insurance Company 18767 INSURED Family Promise of Spokane 2002 E Mission Avenue Spokane, WA 99202 INSURER B . INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CFRTIFICATF NIIMRFR- RFvlslnm MIIMFt1=0- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE DLSUBR INSR WVD POLICY NUMBER MM/DDY� MMIDDY� LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 041801925802436 9/12/2024 09/12/2025 EACH OCCURRENCE $1 000 000 PREMISES EaEoNccTurrence $100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [ JECOT LOG GENERAL AGGREGATE $ 3,000,000 PRODUCTS -COMP/OP AGG $1,000,000 $ OTHER: A AUTOMOBILE LIABILITY 041801909802446 9/12/2024 09/12/202 COMBINED SINGLE LIMIT Ea accident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NON OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB OCCUR 041801985805447 9/12/2024 09/12/2025 EACH OCCURRENCE s51000,000 AGGREGATE s5,000,000 FEXCESS LIAB CLAIMS -MADE DED I X RETENTION $10000 $ I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �, / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A 041801925802436 WA STOP GAP 9/12/2024 09/12/202 PER OTH- TAT E E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 Mandatory in If yes, describe under (and E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liab 041801925802436 9/12/2024 09/12/202 1,000,000 Empl. Theft 041801925802436 9/12/2024 09/12/202 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Blanket Additional Insured, Blanket Waiver of Subrogation and Primary and Non -Contributory apply per the attached form. RE: Valley FLASH (Fast -Learning & Sustainable Housing) Program Additional Insured Status applies per attached form(s). ru-rv� c nv Wr n LAINLI=LLAI IUN The City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S6918656/M6918647 JXM04 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CMCG 12 09 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONPROFIT AND HUMAN SERVICES - GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CLAIMS -MADE VERSION) This endorsement broadens coverage. However, coverage for any injury, damage, or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and the coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. SCHEDULE The following Schedule is a general description of the amended coverages and limits of insurance provided by this endorsement. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties and what is and is not covered. DESCRIPTION OF COVERAGE LIMIT OF INSURANCE / TERM • Pesticide Or Herbicide Application • Watercraft • Damage To Premise Rented To You - Fire, Lightning, Explosion, Equal to the Each Occurrence Limit Smoke Or Leakage From Automatic Fire Protection Systems shown in the Declarations • Personal And Advertising Injury For Insured's Media And Internet Type Businesses • Medical Payments Extension • Supplementary Payments - Coverages A And B o Bail Bonds Up to $2,500 o Earnings Up to $500 per day o Loss To Property Of Others o Each Occurrence $1,000 • Broaden Definition Of Named Insured Unnamed Subsidiaries CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 1 of S Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 DESCRIPTION OF COVERAGE LIMIT OF INSURANCE / TERM • Automatic Additional Insureds o Persons Or Organizations As Required By Written Contract Or Agreement o Lessors Of Leased Equipment o Mortgagees, Assignees Or Receivers o Owners, Managers Or Lessors Of Premises o Governmental Entities - Permits Or Authorizations Relating To Premise o Governmental Entities - Permits Or Authorizations Relating To Operations • Incidental Medical Malpractice • Newly Formed Or Acquired Entities 180th day • Duties In The Event Of Occurrence, Claim Or Suit • Primary And Noncontributory - Other Insurance Condition • Waiver Of Right Of Recovery By Written Contract Or Agreement • Liberalization • Unintentional Failure To Disclose Hazards • Bodily Injury - Mental Anguish A. Pesticide Or Herbicide Application Subparagraph (1)(d) of Exclusion f. Pollution, under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply if: 1. The application or use of pesticides or herbicides is by your "employees" who are licensed or certified; and 2. The application of such pesticides or herbicides complies with all applicable statutes, ordinances, regulations or license requirements of any federal, state or local government which apply to the pesticides or herbicides operations. B. Watercraft 1. Provisions (2)(a) and (2)(b) of Exclusion g. Aircraft, Auto or Watercraft under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, are replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry persons or property for a charge. 2. The following is added to Exclusion g. Aircraft, Auto or Watercraft: This exclusion does not apply to: A rowing shell or scull, canoe, rowboat, or similar human -powered watercraft owned or used by or rented to the insured regardless of its length. 3. Section II - Who Is An Insured is amended to include as an insured any person or organization legally responsible for the use of any watercraft you own, provided the actual use is with your permission. C. Damage To Premises Rented To You - Fire, Lightning, Explosion, Smoke Or Leakage From Automatic Fire Protection Systems If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. The fourth from the last paragraph of Exclusion j. Damage To Property under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Page 2 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems) to premises, including the contents of such premises, rented to you for a period of 30 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. 2. The last paragraph of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n, do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 3. Paragraph 6. under Section III - Limits Of Insurance, is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit which is equal to the Each Occurrence Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of "insured contract" in the Definitions section 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, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. Personal And Advertising Injury 1. Subparagraph (1) of Exclusion j. Insureds in Media And Internet Type Businesses under Paragraph 2. Exclusions of Section I - Coverages B - Personal Injury and Advertising Injury Liability is deleted. 2. Exclusion k. Electronic Chatrooms Or Bulletin Boards under Paragraph 2. Exclusions of Section I - Coverage B - Personal and Advertising Injury Liability is deleted and replaced with the following: "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. However, this exclusion does not apply to internet instruction and coursework which is part of the Named Insured's curriculum over which the insured exercises control. E. Medical Payments Extension If Coverage C - Medical Payments is not otherwise excluded from this Coverage Part, then Subparagraph a.(3)(b) of Paragraph 1. Insuring Agreement under Section I - Coverage C - Medical Payments is deleted and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and F. Supplementary Payments -Coverages A And B Paragraph 1.b. of Section I - Supplementary Payments - Coverages A and B is deleted and replaced by the following: b. Up to the amount shown in the Schedule of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of Section I - Supplementary Payments - Coverages A and B is deleted and replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earning up to the per day amount shown in the Schedule of this endorsement because of time off from work. 3. The following is added to Section I - Supplementary Payments - Coverages A and B. We will pay for loss to property of others while in your temporary care, custody or control, not to exceed the Loss to Property of Others Each Occurrence limit shown in the Schedule of this endorsement caused by persons participating in an activity organized by you. Loss shall mean damage or destruction, but does not include disappearance, theft or loss of use. This insurance does not apply: CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 3 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 a. If coverage is provided by the Property Coverage Part (if any) of this policy; or b. If the loss is covered by any other valid and collectible insurance. G. Broadened Definition Of Who Is An Insured 1. Unnamed Subsidiaries a. The following is added to Paragraph 2. of Section II -Who Is An Insured: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is an insured if: (1) You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and (2) Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: (1) Before you maintained an ownership interest of more than 50% in such subsidiary; or (2) After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. b. Subject to 1.a. above, the following are also insureds: (1) If the subsidiary is an organization, the subsidiary's "executive officers" and directors are insureds, but only with respect to their duties as the subsidiary's officers or directors. The subsidiary's stockholders are also insureds, but only with respect to their liability as stockholders. (2) If the subsidiary is a trust, the subsidiary's trustees are also insureds, but only with respect to their duties as trustees. H. Automatic Additional Insured Section II - Who Is An Insured is amended to include the following as additional insureds: 1. Persons Or Organizations As Required By Written Contract Or Agreement - Exception For Law Enforcement Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that: a. Occurs subsequent to the signing of that contract or agreement; b. Is caused, in whole or in part, by your acts or omissions or the acts or omissions of any person or organization acting on your behalf; and c. Arises out of your operations or the ownership, maintenance or use of premises you own or rent. The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement you have entered into with the additional insured; or b. Available under the applicable limit of insurance; whichever is less. Coverage under this provision does not apply to any: a. Law enforcement officer; b. Public safety organization; or c. Public entity; that you contract with to enforce the law and protect persons or property for you or on your behalf. Page 4 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 2. Lessors Of Leased Equipment a. 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 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, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 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. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement you have entered into with the additional insured; or (2) Available under the applicable limits of insurance; whichever is less. 3. Mortgagees, Assignees Or Receiver a. Any person(s) or organization(s) that is a mortgagee, assignee or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by 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. b. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. c. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 4. Owners, Managers Or Lessors Of Premises a. Any person(s) or organization(s) that is a premises owner, manager or lessor, but only with respect to liability or "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part by your and those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) that is a premises owner, manager or lessor as describe above. CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 5 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by 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. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 5. Governmental Entities -Permits Or Authorizations Relating To Premises a. Any state or governmental agency or subdivision or political subdivision that issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to you, subject to the following additional provision: 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: (1) 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 (2) The construction, erection or removal of elevators; or (3) The ownership, maintenance or use of any elevators covered by this insurance. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by 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. b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. 6. Governmental Entities - Permits Or Authorizations Relating To Operations a. Any state or governmental agency or subdivision or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, 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. Page 6 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 (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". b. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: (1) Required by the contract or agreement; or (2) Available under the applicable limits of insurance; whichever is less. The addition of the above automatic additional insureds shall not increase the applicable limits of insurance. I. Incidental Medical Malpractice 1. The following is added to Paragraph 2.a.(1) of Section II -Who Is An Insured. Unless you are in the business or occupation of providing professional health care services, Paragraphs 2.a.(1)(a) through (d) above do not apply to "bodily injury" arising out of providing or failing to provide: a. "Incidental medical services" by any "employee" of yours who is a nurse, nurse assistant, emergency medical technician or paramedic; or b. First aid, including first aid provided by a good Samaritan, by any of your "employees" or "volunteer workers", other than a doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid, including first aid provided by a Good Samaritan, during their work hours for you will be deemed to be acting within the scope of their employment or volunteer duties related to the conduct of your business. 2. The following is added to Subparagraph (1) of Paragraph 4.b., Excess Insurance, under Section IV - Commercial General Liability Conditions: (1) This insurance is excess over: Any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" or first aid to any person. 3. With respect to Incidental Medical Malpractice, the following is added to "occurrence" of the Definitions section. An act or omission committed in providing or failing to provide "incidental medical services" or first aid to a person, unless you are in the business or occupation of providing professional health care services. This includes first aid provided by a good Samaritan. All related acts or omissions committed in providing or failing to provide "incidental medical services" or first aid to any one person will be considered one "occurrence". 4. The following are added to the Definitions section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. J. Newly Formed Or Acquired Entities 1. Paragraph 3.a of Section II - Who Is An Insured is replaced by the following: a. Coverage under this provision is afforded only until the day shown in the Schedule of this endorsement after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. The following is added to Paragraph 3 of Section II - Who Is An Insured: CMCG 12 09 12 19 Copyright, CM Insurance, 2019 Page 7 of 8 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012 Coverage under this provision is afforded only if you acquire or form the organization during the policy period. K. Duties In The Event Of Occurrence, Offense, Claim Or Suit The following is added to Paragraph 2.a. of Section IV - Commercial General Liability Conditions: This condition applies only when the "occurrence" or offense which may result in a claim is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An "executive officer" or insurance manager, if you are a corporation. L. Primary And Noncontributory - Other Insurance Condition The following is added to Paragraph 4. Other Insurance of Section IV - Commercial General Liability Conditions and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. M. Waiver Of Right Of Recovery By Written Contact Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us, of Section IV - Commercial General Liability Conditions: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or agreement. N. Additional Commercial General Liability Conditions The following conditions are added to Section IV - Commercial General Liability Conditions: 1. Liberalization If we adopt any revision that would broaden the coverage under this Coverage Part without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. 2. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Definitions Bodily Injury - Mental Anguish The definition of "bodily injury" in the Definitions section is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish, humiliation or death resulting from bodily injury, sickness or disease. Page 8 of 8 Copyright, CM Insurance, 2019 CMCG 12 09 12 19 Includes copyrighted material of Insurance Services Office with its permission. © Insurance Services Office, Inc., 2012