The URL can be used to link to this page

23-173.01-116AndWestAdvertisingAgencyTPAMarketing CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MARKETING MEDIA GROUP, LLC dba 116 & WEST Spokane Valley Contract#23-173.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract for destination marketing services funded by the City's Tourism Promotion Area(TPA)by and between the Parties,executed by the Parties on September 26,2023, and which terminates on December 31,2024. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract 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 Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount Sept.26,2023 $ 813,500.00 Amendment#1 to be executed $ 466,000.00 Total Amended Compensation $1,279,500.00 The parties have executed this Amendment to the Original Contract this 2 3 44 day of May,2024. CITY OF SPOKANE VALLEY: C�JNSULTANT/CONTRACTOR: ohn Hohman By: Carol n dge, 6&West City Manager Its: Title COO/Partner AP ED O O • ffi of the Ci Attorney 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from $813,500.00,to$1,279,500.00. Paragraph 3 of the Original Contract is amended to read as follows: 3. Compensation. City agrees to pay Consultant a flat fee of$1,279,500.00, (which includes Washington State Sales Tax if any is applicable) 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. 2. The Scope of Work,(Exhibit A)and Fee Payment(Exhibit B)of the Original Contract,is hereby replaced with Exhibit A-1 and Exhibit B-1 attached. 2 Spokane ,..Valleys Exhibit A-1: Scope of Work-Tourism Marketing Services Date September 20, 2023 Prepared for 116 &West Project Name Destination Tourism Marketing Services Implementation I Execution Plan The following initiatives are the foundation of the implementation period through December 31, 2024. Budgets have been developed for each section as Not to Exceed (NTE)figures. Additional discovery and detailed workplans and/or media plans will be developed for initiatives where appropriate, such as paid media campaigns,website development and outside production for the asset library. 2023 Initiatives&Tasks Timeline Fees 1. Brand Development & Identity Package August - • Naming November 2023 • Mark(s) • Color palette, font selection • Art direction $40,000 • Brand style guide • Could include design of signage: o Landmark/ Entrance Artwork o Production to be scoped separately 2. Campaign Creative Concept and Development September- Campaign concepting for overarching creative concept to December 2023 be applied across all campaigns and media tactics • Selection of primary campaign concept • Messaging • Art direction $29,750 • Creative execution (for fall and winter campaigns) o Copywriting o Design • Campaign design across digital media tactics 3. Development of Asset Library September 2023 In conjunction with outside production partners as — December necessary. All assets to be owned by the City of Spokane 2023 $30,000 Valley. 1 • Seasonal assets (Fall/Winter) • Photography • Videography • Drone footage 4. Development of Virtual Visitor Center October 2023- Virtual resource to house all information and collateral December 2023 materials. Could include: • Events and attractions o Local event calendar o Regional event calendar • Virtual map: hotels, food and drink scene, etc. $35,000 • Trail guides • Interactive features, such as "Build your agenda" o Season o Reason for travel o Areas being visited o With children /without children 5. Collateral Support October 2023 — Establish priority of materials with city staff December 2023 • Design of collateral suite o Printed materials could include: • Visitor's guide $44,625 • Scavenger hunt • Map of the Valley • Promoting local sports teams o Assets for Virtual Visitor Center 6. Website Development August 2023— A separate scope of work will be developed to identify December 2023 technical specifications including site map, functionality, content, and accessibility. • Ul/UX strategy& design o Discovery o Strategic recommendations o Site Map o Wireframes $60,000 o Content development o Design • Custom website development o Programming o Testing o Launch o SEC) and analytics configuration 2 7. Social Media Properties September 2023 Management fee — December • Account setup for social platforms 2023 o Identify priority of social account development. Could include: o Instagram o Facebook o Setup and brand accounts with new identity • Content calendar o Development of quarterly content calendar • Weekly spotlights • Highlighting hotels, local events, restaurants, etc. • Outdoor/recreational content • Regularly scheduled sports-centered $25,000 content • Event promotion • Development of social media guide and staff training • Identify hashtag opportunities and usage • Asset development • Execution of monthly content o Design o Copy • Channel management o Posting o Social listening o Direct message responses, if necessary o Monthly reporting 8. Local brand launch campaign September 2023 Considerations include: — December • Paid social campaign 2023 o Partnership with local social influencer (Dependent on • Influencer and business-owner brand engagement development $25,000 o Follower building and event date) o Promotional tie-in • Experiential campaign to support brand launch o Launch party 9. Spokane Sports Support September 2023 Specific items for budget allocation will be prioritized in — December collaboration with Spokane Sports. Items may include: 2023 $13,000 • Owned media promotion • Marketing collateral development could include: o Athlete guides 3 o Event promotion/support • Development of resources and templates 10. Paid Media Campaigns October 2023 — Specific media plans to be developed by campaign to December 2023 include tactics, flight dates and budget • Seasonal-specific tourism campaign(s) o Fall o Winter • Always-on Paid Search • Event/interest-specific tourism campaign(s) • Small-mid meeting/convention planner specific $60,000 campaign(s) • Sports marketing campaign(s) • Campaign management o Campaign set-up and launch o Ongoing campaign optimization o Weekly check-in(s) o Monthly deep dive(s) o Campaign reporting and analytics 11. Strategic Account Management August 2023 - Management Fee December 2023 • Ongoing strategy and account planning o Budget management • Project management across all initiatives • Comprehensive business review o Ongoing reporting and analytics o STR data o Partnership metrics and success $37,625 o Progress reporting with Spokane Sports o Creative performance • Annual analysis & planning o Asses current landscape o Update recommendations based on analytics and new resources o Development of annual budget I • 2023 Total $400,000.00 2024 Initiatives&Tasks Timeline Fees 1. Development of Asset Library January 2024— In conjunction with outside production partners as December 2024 $30,000 necessary. All assets to be owned by the City of Spokane (ongoing to Valley. accommodate 4 • Seasonal assets seasonal • Photography production) • Videography • Drone footage 2. Ongoing Website Support Management fee includes: • Annual hosting • Monthly website maintenance • SEO and LBL management April 2024— $45,000 • Retainer for ongoing content updates December 2024 o Blog development o Copywriting o Graphics 3. Social Media Properties Management fee • Account setup for social platforms o Identify priority of social account development. Could include: o Instagram o Facebook o Setup and brand accounts with new identity • Content calendar o Development of quarterly content calendar • Weekly spotlights • Highlighting hotels, local events, restaurants, etc. • Outdoor/recreational content • Regularly scheduled sports-centered January 2024— $60,000 content December 2024 • Event promotion • Development of social media guide and staff training • Identify hashtag opportunities and usage • Asset development • Execution of monthly content o Design o Copy • Channel management o Posting o Social listening o Direct message responses, if necessary o Monthly reporting 5 4. Spokane Sports Support Specific items for budget allocation will be prioritized in collaboration with Spokane Sports. Items may include: • Owned media promotion January 2024— • Marketing collateral development could include: December 2024 $15,000 o Athlete guides o Event promotion/support • Development of resources and templates 12. Campaign Creative Development • Creative execution o Copywriting January 2024- o Design December 2024 $20,000 • Campaign design across digital media tactics 5. Paid Media Campaigns Media plans to be developed for each campaign • Seasonal-specific tourism campaign(s) o Fall o Winter • Always-on Paid Search • Event/interest-specific tourism campaign(s) • Small-mid meeting/convention planner specific January 2024 campaign(s) December 2024 $170,000 • Sports marketing campaign(s) • Campaign management o Campaign set-up and launch o Ongoing campaign optimization o Weekly check-in(s) o Monthly deep dive(s) o Campaign reporting and analytics 6. Strategic Account Management Management fee • Ongoing strategy and account planning o Budget management • Project management across all initiatives • Comprehensive business review o Ongoing reporting and analytics o STR data January 2024- o Partnership metrics and success December 2024 $73,500 o Progress reporting with Spokane Sports o Creative performance • Annual analysis& planning o Asses current landscape o Update recommendations based on analytics and new resources 6 o Development of annual budget 2024 Total $413,500.00 TOTAL CONTRACT AMOUNT $813,500.00 APPENDIX A: ADDITIONAL INTIATIVES AND TASKS Additional expenditure approved May 7, 2024— 2024 Fees additional budget to be expended by Dec. 31, 2024 Additional Strategic Account Management • Ongoing strategy and account planning • Project management across all initiatives $ 36,500 • Comprehensive business review • Annual analysis & planning Additional Campaign Creative development • Creative execution $ 50,000 • Campaign design across digital media tactics Additional Social Media Properties • Content calendar • Identify hashtag opportunities and usage $ 12,600 • Asset development • Execution of additional monthly content • Channel management Additional Paid Media • Display leisure • Display planners • Linkedln — planners • Meta (FaceBook and Instagram) — leisure • Connected TV— leisure $250,000 • YouTube— leisure • Streaming audio— leisure • TripAdvisor— leisure • Cvent—planners • Over all media—sports and leisure HUB Sports Center(New) • Advertising— print and website • Collateral/Materials for distribution $ 66,900 • Facility banners • Video advertising • Lead generation for hotels Other/Misc • Swag and promotional items purchase (if necessary) $ 50,000 • Increasing costs of media (if necessary) • Other 7 Additional Spend—Contract Amendment $466,000 UPDATED TOTAL CONTRACT 2023-2024 $1,279,500 Reporting and Analytics The consultant will provide the following information in a summary report at the end of the contract period: • A summary of tasks completed by the consultant that were identified and supported in the contract. Please explain how these tasks impacted the ability of 116 &West to achieve its goals and support future initiatives with the City. • Campaign reporting o Metrics include clicks, impressions, clickthrough rate, etc. • Social media reporting • SEO/Web reporting • Comprehensive business review o Ongoing reporting and analytics o STR data o Partnership metrics and success o Progress reporting with Spokane Sports o Creative performance Exhibit B-1: Fee Payment The Consultant shall invoice the City in monthly installments and reflect the progression of work identified in Exhibit A-1 (Scope of Work). Each invoice shall summarize in detail tasks completed under the various work headings, as identified in the Scope of Work and Timeline (Exhibit A-1)for the period identified in the invoice. A final invoice will NOT be paid until all work identified in Exhibit A-1 is completed and a summary document is provided to the City. The total amount paid for all work completed, as identified in Exhibit A- 1 (Scope of Work), shall not exceed $1,279,500. (amount updated to reflect additional expenditure approved by City Council on May 7, 2024). 8 Contract No.23-173 AGREEMENT FOR SERVICES Marketing Media Group,LLC dba 116 &West THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Marketing Media Group, LLC dba 116 & West, hereinafter "Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily 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 Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant 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 the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by 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 agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31,2024, unless the time for performance is extended in writing by the Parties. City may, at its option, enter into up to three annual renewals for such amounts and for such marketing services as agreed by the parties upon recommendation by the Tourism Promotion Area Agreement for Services(without professional liability coverage) Page I of 8 Contract No.23-173 Commission then approval by the City Council. Either Party may terminate this Agreement for material breach after providing the other Party with at least 30 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 30 days' written notice to Consultant. In the event of termination 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 a flat fee of$813,500.00, (which includes Washington State Sales Tax if any is applicable)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: Marci Patterson, City Clerk Name: Carolyn Lodge, 116& West Phone: (509)720-5000 Phone: (208)841-5788 Address: 10210 East Sprague Avenue Address: 805 W. Idaho Street, Suite 300 Spokane Valley, WA 99206 Boise, Idaho 83702 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 property; Agreement for Services(without professional liability coverage) Page 2 of 8 Contract No.23-173 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City 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 liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents 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 written,graphic, mapped,photographic,or visual documents prepared by Consultant under this Agreement shall,unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files,for the City's use. City shall have unrestricted authority to publish, disclose,distribute,and otherwise use, in whole or in part,any reports,data, drawings, images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. Consultant will retain right to utilize client work for the sole purpose of agency promotion,except that any use of client work for agency promotion shall not include the use of the City logo without prior authorization pursuant to chapter 1.06 SVMC. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages described below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 01. Agreement for Services(without professional liability coverage) Page 3 of 8 Contract No.23-173 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City 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 with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. • 4. Failure on the part of Consultant to maintain the insurance as required shall constitute 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 terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, Agreement for Services(without professional liability coverage) Page 4 of 8 Contract No.23-173 evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by 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 subject 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, its 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 specifically 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 indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all 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 subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written 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 Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant 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 out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). Agreement for Services(without professional liability coverage) Page 5 of 8 Contract No.23-173 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 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 have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance 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 set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Consultant shall provide all information and reports required 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 determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the 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 non- discrimination provisions of this Agreement,the City will impose such contract sanctions 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 complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of Agreement for Services(without professional liability coverage) Page 6 of 8 Contract No.23-173 equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may 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 Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; 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 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property 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 discrimination 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 47123), as amended,(prohibits discrimination based on race,creed,color, national origin,or 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 Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 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); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against Agreement for Services(without professional liability coverage) Page 7 of 8 Contract No.23-173 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 el 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 held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B.Fee proposal C. Insurance Certificates The Parties have executed this Agreement this�II bth day of September 2023. CITY OF SPOKANE VALLEY Consultant: 116&West • NA WtV John Hoh an, City Manag By: Its: Carolyn Lodge, Partner/COO APPROVED AS TO FORM: f ff of the Ci y orney Agreement for Services(without professional liability coverage) Page 8 of 8 MARKMED-02 AWILLETS AcoRc" CERTIFICATE OF LIABILITY INSURANCE DATE A E(MM1023 ) 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 License#26480 CONTACT NAME: HUB International Mountain States Limited 2600 Rose Hill laic°°,"N,Est):(208)433-1000 (A/CC,No:(866)898-4905 Suite 101 ADDRESS: BOISe,ID 83705 INSURERISI AFFORDING COVERAGE NAIC# INSURERA:Tri-State Insurance Company of Minnesota 31003 INSURED INSURER 13:Twin City Fire Insurance Company 29459 Marketing Media Group LLC;dba One Sixteen&West; INsuliERc: dba:Digital Vault; dba Davies Moore;dba 116 and West 805 W Idaho St.Ste 300 INSURER D: Boise,ID 83702-8917 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1'1 TYPE OF INSURANCE ADOLSUBR POLICY NUMHER POLICY EFF POLICY EXP LIMITS LTR 1 INSD WVD fMM/DD/YYYYI IMMIDOIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X x ADV6032953 11/12/2023 11/12/2024 DAMAGE R MISES0(EaO RENTED $ 300,000 MED E (Any one person) S 10,000 XP PERSONAL&ADV INJURY $ GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: $ COA AUTOMOBILE LIABILITY (Ea accident)ED NGLE LIMIT $ 1,000,000 X ANY AUTO X X ADV6032953 11/12/2023 11/12/2024 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS AO BODILY IdINJURY(Per accident) $ pmODANAGEHIRFS ANwLO 7de ONLY U ONY $A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1,000,000 EXCESS LIAB CLAIMS-MADE ADV6032953 11/12/2023 11/12/2024 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER PROPRIETOR/PARTNER/EXECUTIVEANY NFlRtoERPNE N/A E.L EACH ACCIDENT $ (Mandary In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ B Errors&Omissions 34PG0529527-23 4/24/2023 4/24/2024 Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is listed as Additional Insured with regards to the General Liabilty and Auto Liability on a primary and non-contributory basis,and Waiver of subrogation applies when required by written contract per forms CG0492,CG0529 and CA0419 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 East Sprague Avenue Spokane Valley,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 COMMERCIAL AUTO CL CA 01 49 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED "property damage": because of the conduct of ORGANIZATIONS an "insured" under Paragraphs a. or b. under The following is added to Paragraph A.1. Who Is Paragraph A.1. Who Is An Insured of Section An Insured of Section II- Covered Autos Liability Covered Autos Liability Coverage,caused by ann "accident" and resultinggge frommthe Coverage: ownership, maintenance or use of a covered Any organization you newly acquire or form,other "auto"; than a partnership,joint venture or limited liability 2. The written contract or agreement described company or any organization excluded either by above must have been executed prior to the this Coverage Part or by endorsement, and over "accident" that caused the "bodily injury" or which you maintain ownership or majority interest "property damage"and be in effect at the time of more than 50 percent will qualify as a Named of such "accident"; Insured. However: 1. This insurance does not apply to any newly 3. The insurance afforded to any such additional "insured" does not apply to any "accident" acquired or formed organization that is an beyond the period of time required by the "insured"under any other automobile policy or written contract or agreement described would be an "insured" under such policy but above; for its termination or the exhaustion of its Limit of Insurance. 4. The most we will pay on behalf of such 2. Coverage does not apply to "bodily injury" or additional "insured(s)" is the lesser of: "property damage" that occurred before you a. The Limits of Insurance specified in the acquired or formed the organization. written contract or agreement described 3. Coverage under this provision is afforded only above;or until the 180th day after you acquire or form b. The Limits of Insurance shown in the the organization or the end of the policy Declarations. period,whichever is earlier. This provision shall not increase the Limit of B. ADDITIONAL INSURED BY CONTRACT OR Insurance shown in the Declarations in this AGREEMENT policy or coverage part; and The following is added to Paragraph A.1.,Who Is 5. The following changes are made to Paragraph An Insured of Section II -Covered Autos Liability 5. Other Insurance of B. General Conditions Coverage: under Section IV-Business Auto Conditions: When you have agreed in a written contract or a. The following is added to Paragraph 5.a.: agreement to include a person or organization as an additional "insured", such person or If required by the written contract or organization is included as an"insured" subject to agreement described above, the the following: insurance afforded to the additional insured under this provision will be 1. Such person or organization is an additional primary to, and will not seek contribution "insured" only to the extent such person or from, the additional insured's own organization is liable for "bodily injury" or insurance. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc.,with its permission b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you under the Transportation Expenses Coverage Section V-Definitions is amended to add the following: Extension will not also be covered or paid under the Rental Reimbursement Coverage An "insured contract" does not include that provided by this endorsement or any rental part of any contract or agreement: reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE -AIRBAGS person or organization for other than the The following is added to Exclusion B.3.a. of vicarious liability of such person or Section III- Physical Damage Coverage: organization for bodily injury" or "property damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only insurance or warranty providing such airbag to the extent such person or organization is coverage. not named as an "insured" by separate I. AUTO LOAN/LEASE GAP COVERAGE endorsement to this policy. C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of The following is added to Paragraph A.1. Who Is Insurance. An Insured Section II - Covered Autos Liability 4. In the event of a total "loss" to a covered Coverage: "auto",we will pay the lesser of: Any "employee" of yours is an "insured" while a. Any unpaid amount due on the lease or using a covered "auto" you don't own, hire or loan for a covered "auto", less: borrow in your business or your personal affairs. D. INCREASED COVERAGE-BAIL BONDS (1) The amount under the Physical Damage Coverage section of the The Supplementary Payments Coverage policy; and Extension of Section II - Covered Autos Liability Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, abnormal wear and tear or high The Supplementary Payments Coverage mileage; Extension of Section II - Covered Autos Liability (c) Security deposits not returned by Coverage is amended as follows: the lessor; The Limit of Insurance in paragraph A.2.a.(4) is increased to$1,000. (d) Costs for extended warranties, Credit Life Insurance, Health, F. FELLOW EMPLOYEE COVERAGE Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; and Section II-Covered Autos Liability Coverage does not apply. This coverage is excess over any other (e) Carry-over balances from collectable insurance. previous loans or leases; or G. COVERAGE EXTENSION-TRANSPORTATION b. $5,000. EXPENSES However, this provision does not apply to the Paragraph A.4.a. Transportation Expenses of extent loan/lease gap coverage has been Section III-Physical Damage Coverage is provided by separate endorsement to this amended as follows: policy. 1. The Limits of Insurance are increased to $75 per day to a maximum of$2,500. Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc., with its permission J. GLASS REPAIR-NO DEDUCTIBLE When fire extinguishers are kept in your covered The following is added to Paragraph D. Deductible "auto" and any are discharged in an attempt to of Section III-Physical Damage Coverage: extinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire Any Comprehensive Coverage deductible shown extinguisher(s). in the Declarations does not apply to "loss" to No deductible applies to this coverage. glass when you elect to patch or repair rather than replace the glass. O. HIRED AUTO PHYSICAL DAMAGE K. INCREASED COVERAGE - ELECTRONIC COVERAGE EQUIPMENT The following is added to Paragraph A.4. The $1,000 limit indicated in Paragraph C.1.b. Coverage Extensions of Section III - Physical Damage Coverage: under Section III - Physical Damage Coverage is increased to$2,500. If hired "autos" are covered "autos" for Covered L. EXTENDED COVERAGE - PERSONAL Autos Liability Coverage and if Physical Damage PROPERTY Coverage is provided for any"auto"you own,then the Physical Damage coverages provided are The following is added to Paragraph A.4. extended to"autos'you lease,rent,hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: may be extended to "loss" to your personal 1, The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member,that is in the covered "auto" at the time of "loss" and caused by an a. The actual cash value of the"auto"; "accident" and resulting from the ownership, b. The cost to repair or replace the"auto";or maintenance or use of a covered "auto". c. $100,000. The insurance provided by this coverage 2. Paragraph 1.above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for any one"loss" the highest deductible shown for any owned under this coverage extension is$500. However, our payment for "loss" to personal property will "auto" of the same classification for that coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for"loss"of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: section of the Declarations page for any of the Physical Damage coverages,then the If a private passenger type "auto" or light truck Hired Auto Physical Damage coverage "auto" (0-10,000 Lbs. GVW) is provided both described in this endorsement does not Comprehensive and Collision Coverage, we will apply pay up to$150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor "auto" (greater than 10,000 Lbs. GVW) is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and 4. In addition to the limit set forth in Paragraph 1. labor costs incurred each time such "auto" is above we will pay up to $500 per day, to a disabled. However, the labor must be performed maximum of$3,500 per"loss"for: at the place of disablement. N. FIRE EXTINGUISHER RECHARGE a. Any costs or fees associated with the "loss"to a hired "auto";and The following is added to Paragraph A.4. Coverage Extensions of Section IV - Physical b. Loss of use of the hired"auto", provided it Damage Coverage: is the consequence of an "accident" for which you are legally liable, and as a CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc.,with its permission result of which a monetary loss is (1) You, if you are designated in the sustained by the leasing or rental Declarations as an individual; concern. (2) Your partners or members, if you are However, Paragraph A.4.b. Loss of Use designated in the Declarations as a Expenses under Section III - Physical Damage partnership or joint venture; Coverage of the Business Auto Coverage Form does not apply. (3) Your members or managers, if you are designated in the Declarations as P. RENTAL REIMBURSEMENT COVERAGE a limited liability company; We will pay for rental reimbursement expenses (4) Your executive officers if you are incurred by you for the rental of an"auto"because designated in the Declarations as an of"loss"to a covered "auto". organization other than an individual, 1. Payment applies in addition to the otherwise partnership, joint venture or limited liability company; and applicable amount of each coverage you have on the covered "auto". (5) The spouse of any person named in 2. No deductible applies to this coverage. Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same 3. We will pay only for those expenses incurred household; during the policy period beginning 24 hours Except: after the "loss" and ending, regardless of the expiration date of the policy,with the lesser of (a) Any "auto" owned by that the following number of days: individual or by any member of his or her household. a. The number of days when the covered "auto" has been repaired or replaced,or (b) Any"auto"used by that individual b. 45 days. or his or her spouse while working in a business of selling, servicing, 4. Our payment is limited to the lesser of the repairing or parking"autos". following amounts: 2. Changes In Auto Medical Payments And a. Necessary and actual expenses incurred; Uninsured And Underinsured Motorists or Coverages b. Not more than $75 for any one day; The following is added to Who Is An Insured: 5. We will pay up to an additional $300 for the Any individual named in 1.a above and his or reasonable and necessary expenses you her "family members" are "insured" while incur to remove your materials and equipment "occupying"or while a pedestrian when being from the covered "auto" and replace such struck by any"auto"you don't own except: materials and equipment on the rental "auto". Any"auto"owned by that individual or by any 6. This coverage does not apply while there are "family member". spare or reserve "autos" available to you for 3. Changes In Physical Damage Coverage your operations. 7. If"loss"results from the total theft of a covered Any private passenger type "auto" you don't "auto"of the"private passenger type",we will own, hire or borrow is a covered "auto" while pay under this coverage only that amount of in the care,n custody or ecorrol of any individual s se your rental reimbursement expenses which is named in resQ.ident above or his or her spouse not already provided for under the Physical while a resident of the same house-hold Damage Coverage Extension of the Business except: Auto Coverage Form or any endorsements a. Any"auto" owned by that individual or by thereto. any member of his or her household; or However,this provision does not apply to the b. Any"auto"used by that individual or his or extent that rental reimbursement is provided her spouse while working in a business of by separate endorsement to this policy. selling, servicing, repairing or parking Q. DRIVE OTHER CAR COVERAGE "autos". 1. The following is added to Section II Covered 4. The most we will pay for the total of all AutosLiabilityCaddell to damages under Covered Autos Liability Uninsured Motorists Coverage and a. Any"auto" you don't own, hire or borrow Underinsured Motorists Coverage is the Limit is a covered "auto" for Liability Coverage Of Insurance shown in the Declarations as while being used by: applicable to owned"autos". Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 06 17 Office, Inc.,with Its permission 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV Business Auto Conditions: by a deductible equal to the amount of the highest deductible shown for any owned If you fail to disclose any hazards existing at the private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage "Family member" means a person related to to all endorsement holders as of the day the the individual named in 1.a. by blood, revision is effective in your state. marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM,SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim, "suit"or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim, "suit" or "loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury"or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage";and b. Was in effect at the time of the covered "bodily injury"or"property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. CL CA 01 49 06 17 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY CLCG04920916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments—Increased Limits 1. Bail Bonds $3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section Il —Who Is An Insured is amended effective during the term of this to include as an insured any person or policy;and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs „ A.1.c.(1) through A.1.c.(8) below when you additional insured prior to the bodily and such person or organization have agreed injury", "property damage" or Per in writing in a contract or agreement that sonal and advertising injury". such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured. organization included as an additional (4) Lessor Of Leased Equipment insured by a separate endorsement issued by us and made a part of this Any person(s) or organization(s) policy or coverage part. from whom you lease equipment but c. Only the following persons or organi- only with respect to liability for"bodily zations are additional insureds under this injury", "property damage" or "per sonal and advertising injury" caused, provision, with coverage for such in whole or in part, by your additional insureds limited as provided maintenance, operation or use of herein: equipment leased to you by such (1) Managers Or Lessors Of Premises person(s)or organization(s). A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends. following additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises. Agency Or Subdivision Or Other (b) Structural alterations, new con- Political Subdivision — Permits Or Authorizations Relating To struction or demolition operations Premises performed by or on behalf of such additional insured. Any state, municipality, govern- (2) Mortgagee,Assignee Or Receiver mental agency or subdivision or other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability (a) This insurance applies only with as mortgagee, assignee, or receiver and arising out of the ownership, respect to: maintenance, or use of a covered (i) The following hazards for premises by you. which the state, municipality, governmental agency or This insurance does not apply to subdivision or other political structural alterations, new con subdivision has issued a struction or demolition operations permit or authorization in performed by or on behalf of such connection with premises additional insured. you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies: An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions: entrances, coal holes, This insurance does not apply to: driveways, manholes, marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land. or decorations and (b) Structural alterations, new con- similar exposures;or struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators;or (1) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written agreement. This exclusion or on your behalf for which does not apply to liability for the state, municipality, damages that the vendor governmental agency or would have in the absence of subdivision or other political the written contract or written subdivision has issued a agreement; permit or authorization. (b) This insurance does not apply to (ii) Any express warranty unau "bodily injury", "property dam thorized by you; age"or"personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, demonstration,testing,or the Any person(s) or organization(s)with substitution of parts under a controlling interest in the Named instructions from the manu- Insured but only with respect to their facturer, and then liability arising out of: repackaged in the original (a)Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the vendor has agreed to make This insurance does not apply to or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s) the distribution or sale of the or organization(s). products, (7) Co-Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- bution(a) Any persons) or organization(s) or sale by you, have been labeled or relabeled or (referred to as vendor), but only used as a container, part or with respect to "bodily injury" or ingredient of any other thing "property damage" arising out of or substance by or for the "your products" which are vendor;or distributed or sold in the regular course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3, With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III — Limits Of omissions or those of its Insurance: employees or anyone else The most we will pay on behalf of the acting on its behalf. How- additional insured is the amount of insurance: ever, this exclusion does not apply to: a. Required by the written contract or (1.1) The exceptions written agreement; or contained in Sub- b. Available under the applicable Limits Of paragraphs (iv) or (vi); Insurance shown in the Declarations; or whichever is less. (1.2) Such inspections, ad- justments, tests or This endorsement shall not increase the servicing as the applicable Limits Of Insurance shown in the vendor has agreed to Declarations. make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of Exclusion 2.a. Expected Or Intended Injury of business, in con- nection with the Section I — Coverage A — Bodily Injury And distribution or sale of Property Damage Liability is deleted and the products. replaced by the following: (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- "Bodily injury"or"property damage"expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured. This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force to protect containing such products. persons or property. 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Insureds, the following additional provisions Paragraph 2.a. Duties In The Event Of apply: Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following: insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does a. You must see to it that we are notified as not apply: soon as practicable of an "occurrence" or an offense which may result in a claim only (1) To "bodily injury" or "property when the "occurrence" or offense is known damage" included within the to: "products-completed operations hazard";or (1) You, if you are an individual; (2) To "bodily injury", "property damage" (2) A partner,if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company;or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the (i) How, when and where the "occurrence" written contract or written agreement. or offense took place; CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses;and lightning, explosion, "smoke", or leakage (iii)The nature and location of any injury or from automatic fire protective systems, damage arising out of the "occurrence" while rented to you or temporarily or offense. occupied by you with permission of the owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES This limit will apply to all damage RENTED TO YOU (Fire, Lightning, Explosion, proximately caused by the same event, Smoke, Or Leakage From Automatic Fire whether such damage results from fire, Protective Systems) lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part,then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV — last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following: is deleted and replaced by the following: Exclusions c.through n.do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner; permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section III — Limits Of deleted and replaced by the following: Insurance. a. A contract for a lease of premises. 2. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions However, that portion of the contract for a lease of premises that indemnifies any of Section I — Coverage A— Bodily Injury And Property Damage Liability is deleted person or organization for damage by and replaced by the following: fire, lightning, explosion, "smoke" or leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an "smoke", or leakage from automatic fire "insured contract". protective systems) to premises, including 6. As used in this Provision D. Legal Liability— the contents of such premises, rented to you Damage To Premises Rented To You: for a period of seven or fewer consecutive days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section HI — Limits Of or"hostile fire". Insurance. E. MEDICAL PAYMENTS 3. Paragraph 6. of Section III — Limits Of Insurance is deleted and replaced by the If Coverage C — Medical Payments is not following: otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of: Insurance,to the greater of: a. $300,000;or a. $10,000;or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage A for damages because of "property Subparagraph f.(1) of Definition 12. „Mobile damage" to premises while rented to equipment"of Section V— Definitions is deleted and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for: of insureds already covered under this (a) Snow removal; insurance; (b) Road maintenance, but not construction (v) Coverage only applies for those limited or resurfacing; or liability companies who have established a date of formation as recorded within (c) Street cleaning; the filed state articles of organization, G. NEWLY FORMED OR ACQUIRED ORGANIZA- certificates of formation or certificates of TION, PARTNERSHIP OR LIMITED LIABILITY organization; and COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of Paragraph 3. of Section II Who Is An Insured formation as recorded within a written is deleted and replaced by the following: cartnership agreement or partnership certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or: The last paragraph of Section II — Who Is An a. Majority interest of more than 50% if you Insured is deleted and replaced by the following: are a corporation; No person or organization is an insured with b. Majority interest of more than 50% as a respect to the conduct of any: general partner of a newly acquired or a. Current partnership or limited liability formed partnership; and/or company, unless otherwise provided for c. Majority interest of more than 50% as an under Paragraph 3. of Section 11 — Who Is An Insured; owner of a newly acquired or formed limited liability company; b. Current joint venture;or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company; organization. However, for these organize- that is not shown as a Named Insured in the Lions: Declarations. (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I — Coverage A partnership or limited liability company, —Bodily Injury And Property Damage Liability or the end of the policy period,whichever is deleted and replaced by the following: is earlier; (2) A watercraft you do not own that is: (ii) Section I—Coverage A— Bodily Injury (a) Less than 51 feet long; and And Property Damage Liability does not apply to "bodily injury" or "property (b) Not being used to carry persons or damage" that occurred before you property for a charge. acquired or formed the organization, J. SUPPLEMENTARY PAYMENTS— INCREASED partnership or limited liability company; LIMITS (iii) Section I — Coverage B — Personal Section I — Supplementary Payments — And Advertising Injury Liability does not apply to "personal and advertising Coverages A And B is changed as follows: injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000;and liability company; 2. The limit shown in Paragraph 1.d. for loss of (iv) Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from$250 a day to$1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc.,. Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001, that change will automatically apply This provision does not affect our right to collect to your insurance as of the date we implement additional premium or to exercise our right of the change in your state. This liberalization cancellation or non-renewal. clause does not apply to changes implemented through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF the Commercial General Liability form CG0001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. Paragraph 2.a.(1)(d) of Section II — Who Is Of Rights Of Recovery Against Others To Us An Insured does not apply to a physician, of Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work"and nursing services. included in the "products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed in a written and collectible insurance whether such contract or written agreement that any right of recovery is waived for such person or insurance is primary, excess, contingent or organization. This waiver applies only to the follow Paragraph basis. Any payments on any otherus will graph 4.b. of Section IV — person(s) or organization(s) agreed to in the Commercial General Liability Conditions. written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy,then this waiver does not apply. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission COMMERCIAL GENERAL LIABILITY CL CG 05 29 05 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: paragraph 2.a.above, the words caused in ADDITIONAL INSURED - OWNERS, LESSEES whole or in part by are replaced by the OR CONTRACTORS - AUTOMATIC STATUS words arising out of. INCLUDING PRIMARY NON-CONTRIBUTORY c. The insurance afforded to such additional 1. Section II -Who is An Insured is amended to insured only applies to the extent include as an additional insured any person(s) permitted by law;and or organization(s) for whom you are required d. If coverage provided to the additional by virtue of a written contract or agreement insured is required by a contract or that such person(s) or organization(s) be agreement, the insurance afforded to such added as an additional insured on your policy. additional insured will not be broader than 2. The insurance provided to the additional that which you are required by the contract or agreement to provide for such insured is limited as follows: additional insured. a. Such person or organization is an e. This insurance ends at the earliest of the additional insured only with respect to following times: liability for "bodily injury", "property damage" or "personal and advertising (1) When any Named Insured(s) work injury"caused in whole or in part by: called for in the written contract has (1) Acts or omissions of the Named been completed Insured; or (2) When all of any Named Insured(s) work done at a job site has been (2) The acts or omissions of those acting completed if the written contract calls on behalf of the Named Insured; for work at more than one job site in the performance of the Named Insureds work for the additional insured(s)specified (3) When that partof any Named in the written contract provided the Insured's work done at a job site has been put to its intended use by any contract or agreement requires you to provide the additional insured such person or organization other than the coverage and is: Named Insured or those acting on the Named Insured(s) behalf. i. Currently in effect or becomes Work that may need service, maintenance, effective during the term of this correction, repair or replacement, but is policy; and otherwise complete, will be treated as ii. Was executed prior to the "bodily completed. injury", "property damage" or f. This insurance does not apply to any "personal and advertising injury". additional insured scheduled on your b. If the written contract specifically requires policy by separate endorsement. you to provide additional insured coverage g. For purposes of paragraph A. of this via the 10/01 edition of CG2010 (aka CGendorsement the terms "you" and "your" 20 10 10 01) or via the 11/85 edition of refer to the Named Insured shown in the CG2010 (aka CG 20 10 11 85), then in Declarations. CL CG 05 29 05 18 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc.,with its permission. 3. Exclusions b. Available under the applicable Limits of With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply to "bodily injury", "property This endorsement shall not increase the damage" or "personal and advertising injury" applicable Limits of Insurance shown in the arising out of: Declarations. a. The rendering of or failure to render any 5. Other Insurance professional services by you or on your behalf, but only with respect to either or For purposes of this endorsement, the both of the following operations: following is added to the Section IV - (1) Providing engineering, architectural or Commercial General Liability Conditions,4. surveying services to others in your Other capacity as an engineer, architect or Insurance condition and supersedes any surveyor; and provision to the contrary: (2) Providing, or hiring independent This insurance is excess of all other professionals to provide, engineering, insurance available to an additional architectural or surveying services in insured whether on a primary, excess, connection with construction work you contingent or any other basis. But, if perform. required by a written contract or written b. Subject to Paragraph c. below, agreement to be primary and professional services include: noncontributory, this insurance will be primary to and will not seek contribution (1) Preparing, approving, or failing to from any insurance on which the additional prepare or approve, maps, shop insured is a Named Insured. drawings, opinions, reports, surveys, No other coverage or limit in the policy field orders, change orders, or applies to loss or damage insured by this drawings and specifications; and coverage. (2) Supervisory or inspection activities performed as part of any related B. The following coverage is added: architectural or engineering activities. CONTRACTUAL LIABILITY-RAILROADS c. Professional services do not include 1. With respect to operations performed for a services within construction means, Railroad within 50 feet of railroad property,the methods, techniques, sequences and definition of "insured contract" in Section V - procedures employed by you or performed Definitions is replaced by the following: by or for the construction manager, its employees or its subcontractors in 9. "insured Contract"means: connection with your ongoing operations. a. A contract for a lease of premises. This exclusion applies even if the claims However, that portion of the contract against any insured allege negligence or other for a lease of premises that wrongdoing in the supervision, hiring, indemnifies any person or employment, training or monitoring of others organization for damage by fire to by that insured, if the "occurrence" which premises while rented to you or caused the "bodily injury" or "property temporarily occupied by you with damage", or the offense which caused the permission of the owner is not an "personal and advertising injury", involved the "insured contract"; rendering of, or the failure to render, any b. A sidetrack agreement; professional architectural, engineering or surveying services. c. Any easement or license agreement; 4. Limits of Insurance d. An obligation, as required by to the insurance afforded to these ordinance, to indemnify a municipality, With respect except in connection with work for a additional insureds, the following is added to municipality; Section III-Limits Of Insurance: e. An elevator maintenance agreement; If coverage provided to the additional insured is required by a contract or agreement, the f. That part of any other contract or most we will pay on behalf of the additional agreement pertaining to your business insured is the amount of insurance: (including an indemnification of a municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 05 18 Office, Inc.,with its permission which you assume the tort liability of 1. Projects away from premises owned by or another party to pay for"bodily injury" rented to you. or property damage" to a third person or organization. Tort liability means a 2. "Locations"owned by or rented to you. liability that would be imposed by law "Location" means premises involving the same in the absence of any contract or or connecting lots, or premises whose agreement. connection is interrupted only by a street, Paragraph f. does not include that part roadway, waterway or right-of-way of a of any contract or agreement: railroad. (1) That indemnifies an architect, When paragraph B. Construction Project engineer or surveyor for injury or General Aggregate Limit on form CL CG 00 20 is damage arising out of: a part of this policy, then this endorsement (a) Preparing, approving or failing CL CG 05 29 paragraph C. Aggregate Limits Of to prepare or approve maps, Insurance does not apply. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV- Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for"your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 05 29 05 18 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc.,with its permission STATE OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage May 13, 2024 WA UBI No. 604 902 846 L&I Account ID 303,984-00 Legal Business Name MARKETING MEDIA GROUP LLC Doing Business As ONE SIXTEEN &WEST Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 1 of Year 2024 "7 to 10 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, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.1 2.050 and 51.16.1 90).