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HomeMy WebLinkAbout2018-066Addendum to Contract for Background Screening Services-AccuSource, Inc ADDENDUM TO CITY OF ASHLAND CONTRACT FOR BACKGROUND SCREENING SERVICES Addendum made this 14TH day of May 2018, between the City of Ashland ("City") and AccuSource, Inc. ("Contractor"). Recitals: A. On November 19, 2015, City and Contractor entered into a "City of Ashland Contract for Background Screening Services" (further referred to in this addendum as "the agreement'). B. The parties desire to amend the agreement to extend the date of completion. City and Contractor agree to amend the agreement in the following manner: 1. The date for completion as specified on the agreement is extended to November 1, 2020. Special Procurement was approved by the City Council on October 15, 2015 and is valid until November 1, 2020. 2. Except as modified above the terms of the agreement shall remain in full force and effect. CONT OR CITY OF ASHLAND: r BY BY Department Head Its Date DATE Purchase Order # 791 AP iVEp S FORM ,~JJ a Ashland ICIty Attome )ate 1 ~r Addendum to City of Ashland Contract for Background Screening Services, Page 1 of 1 ACCUSOU-01 EBRITO .ACORO' CERTIFICATE OF LIABILITY INSURANCE F OATE(MMmOYYYY) 05129/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder In Ileu of such endorsements). PRODUCER License # 0757776 C TACT Jordan Bartleson HUB International Insurance Services Inc. PHONE FAX 3390UniversiryAve.,Ste300 NoNe,En:(951)788-8500 A/C,Ne:(951)231-2572 Riverside, CA 92501 E- Al .cal.cpu@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Underwriters atLloyd's London 15792 INSURED INSURER B:Starstone National Insurance Company 25496 Accusource INSURER c: Preferred Employers Insurance Company 10900 1240 E. Ontario Ave. #102-140 INSURER D: Gemini Insurance Company 10633 Corona, CA 92881 INSuRERE: Hiscox Insurance Company 10200 NSURER 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 VVITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY UP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X OCCUR X SGLI004-01 0512312018 0512312019 DAMAGE TO RENTED 100,000 MED UP An one rsdn 5,000 GEN'L AGGREGATE LIMIT APPLIES PER' GREGATE 2'000'000 WTYAAG ADV INJURY 1,000,000 X POLICY ❑ PE° LOC COMP/OPAGG 2,000,000 OTHER: A AUTOMOBILE LIABILITY INGLE LIMIT 1,000,000 ANY AUTO SGLI004-01 0512312018 0512312019 "JURY Per e,d.n OWNED SCHEDULED AUTOS ONLY AUTOSWW~N.I RY Pereccid.nt AU TOS ONLY X AUTO ONL~ AMAGE $ E B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 75661Y181ALI 0512312018 0512312019 AGGREGATE 51000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION J( PER OTH-ITE AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE YIN WKN164584.2 11512312018 0$12312019 1,000,000 OFFICEpWEMBER EXCLUDED? ~ NIA E.L. EACH ACCIDENT (Mandatory In NH) EL. DISEASE - EA EMPLOYEE S 1,000,000 If yes, descetie under DESCRIPTION OF OPERATIONS below E.L. DI SEASE - POLICY LIMIT $ 1,000,000 D' Professional Llab CPL065149 0510412018 0510412019 Per Claim/Aggregate 1,000,000 E Cyber/Privacy/Networ UC2189146318 0512312018 0512312019 Per ClaimlAggregate 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORDId1,AddiUonal Remarks Schedule,.. beaHachedlfmoreepacelsm uired) City of Ashland is Additional Insured with regard to General Liability when required Iy written contract, per at~ached endorsement OCCUR/ (ED. 01110). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Ave. Baltimore, MD 21202 AUTHRIZEDREPRESENTATIVE 0"Q211-1- ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AccuSource, Inc. Policy Number: SGL1004 -01 5/23/18 - 5/23/19 COMMERCIAL GENERAL LIABILITY (OCCURRENCE COVERAGE FORM) VARIOUS PROVISIONS IN THIS POLICY RESTRICT (2) Subject to (1) above, our right and duty to defend COVERAGE. READ THE ENTIRE POLICY CAREFULLY end when we have used up the applicable limit of TO DETERMINE YOUR AND OUR RIGHTS, DUTIES AND insurance by payment of any judgments, costs of WHAT IS AND IS NOT COVERED. defense, expenses or settlements under Coverages A,BorC. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations, and any other person No other obligation or liability to pay sums or perform or organization qualifying as a Named Insured under this policy. acts or services is covered unless explicitly provided The words an insured or any insured shall include both Named for under SUPPLEMENTARY PAYMENTS - and Additional Insureds under this policy. The words we, us COVERAGES A AND B. and our refer to the company providing this insurance. b. This insurance applies to bodily injury and property The words insured or insureds mean any person or organization damage only if: qualifying as such under WHO IS AN INSURED (SECTION II). The terms additional insured or additional insureds mean (1) The bodily injury or property damage is caused any person or organization qualifying as such under WHO IS by an occurrence that takes place in the coverage AN ADDITIONAL INSURED (SECTION Ili). territory; and Some words and phrases used in this policy are in boldface type, (2) The bodily injury or property damage is caused but are not defined and shall be given their commonsense by an occurrence which takes place from work meaning. Other words and phrases in boldface type used in this first begun and completed during the policy policy have special meaning and are set forth in SECTION VI - period; and DEFINITIONS or in the foregoing recitals. (3) The onset of bodily injury or property damage must first take place during the policy period. This SECTIONI - COVERAGES does not include the onset of bodily injury or property damage which first takes place prior to COVERAGE A. BODILY INJURY AND PROPERTY or after the expiration of the policy period, DAMAGE LIABILITY regardless of when such occurrence takes place. 1. INSURING AGREEMENT (4) All property damage or bodily injury caused by or related to an occurrence is deemed to first take a. We will pay those sums that an insured becomes place when the property damage or bodily legally obligated to pay as damages for bodily injury injury first becomes known to anyone, regardless or property damage to which this insurance applies. of whether the damage or injury is continuous, We will have the right and duty to defend any suit progressive, repeated, changing or results from seeking those damages to which this insurance applies. exposure to substantially the same general harm; However, we will have no duty to defend an insured and or pay those sums that an insured becomes legally obligated to pay as damages for bodily injury or (5) Damages for bodily injury include damages property damage to which this insurance does not claimed by any person or organization for care, apply. We have no duty to pay any award against an loss of services or death resulting at any time from insured for attorneys' fees pursuant to any law, statute, the bodily injury. ordinance, rule or regulation of any state, federal or municipal governmental agency, or pursuant to any (6) The bodily injury or property damage arising contract entered into by any insured. We may at our from any activity or operation or as a result of discretion investigate any occurrence and settle any your product or your completed operations, an claim or suit that may result. However: insured's work is completed prior to the expiration of the policy and a claim is made against the (1) The amount we will pay for damages is limited as insured and reported in writing to the company described in LIMITS OF INSURANCE during the policy period or within the applicable (SECTION IV). statute from the termination of the policy period in the jurisdiction shown on the declarations page. c. A claim by a person or organization seeking damages will be deemed to have been made at the earliest of the following: (Page I of 19) OCCUR/ (ED. 01/10) (1) When notice of such claim is received by any (2) That a Named Insured would have in the absence insured; or of a contract or agreement. (2) When notice of such claim is received by us. c. Liquor Liability d. This insurance does not apply to and we shall have no Bodily injury or property damage for which an obligation or duty to defend any insured for damages in insured may be held liable by reason of: respect to any claim, suit, action, demand, litigation, arbitration, alternative dispute, or other judicial or (1) Causing or contributing to the intoxication of any administrative proceeding alleging "bodily injury" and person; or "property damage": (2) The furnishing of alcoholic beverages to a person (I) which results from any work or operations under the legal drinking age or under the influence performed by or on behalf of an insured prior to of alcohol; or the inception of the policy; or (3) Any statute, ordinance, regulation or law relating to the sale, gift, distribution or use of alcoholic (2) which has commenced or is pending prior to the beverages. effective date of this policy, or This exclusion applies even if an insured is in the (3) for future damages, loss, cost or expense arising business of manufacturing, distributing, selling, serving out of said pending or prior litigation; or or furnishing alcoholic beverages. (4) Any "bodily injury", "property damage", or any d. Workers' Compensation and Similar Laws other injury or damage of which any insured has knowledge prior to the effective date of this Any obligation of an insured under a workers' policy. compensation, disability benefits or unemployment This applies whether or not: compensation law or any similar law. (a) Damages continue or progress during the e. Employer's Liability policy period; or Bodily injury to: (b) Ultimate liability has been established; or (1) An employee of an insured arising out of and in the course of employment by an insured or (c) The final amount of damages, loss, cost or performing duties relating to an insured's expense has been established. business, regardless of who may be liable; or (2) The spouse, child, parent, brother or sister of that EXCLUSIONS: COVERAGE A employee, as a consequence of (1) above. This insurance does not apply to: This exclusion applies: a. Expected or intended Injury (1) Whether an insured may be liable as an employer Bodily injury or property damage expected or or in any other capacity; and/or I intended from the standpoint of an insured (2) To any obligation to share damages with or repay someone else who must pay damages because of b. Contractual Liability the injury, including an insured contract. Bodily injury or property damage for which an (3) To liability assumed by an insured in an insured insured is obligated to pay damages by reason of the contract. assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: For the purpose of this exclusion only, the term employee or employees includes but is not limited to (1) Assumed by the Named Insured in a written loaned, rented, leased or temporary employees, as well contract or written agreement that is an Insured as persons who qualify as borrowed servants or contract, provided the bodily injury or property employees or persons who are or may be deemed damage occurs subsequent to the execution of the employees of an insured under the doctrines of written contract or written agreement and provided borrowed servant, borrowed employee, respondeat the property damage or bodily injury results superior or any similar doctrine, or persons performing from the negligence, fault or comparative fault of the duties of an employee, regardless of their legal the Named Insured and is not otherwise excluded status, or for whom an insured may be held liable as by the terms of this policy; or an employer. (Page 2 of 19) OCCUR/ (ED. 01/10) f. Absolute Pollution involved the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft This exclusion applies to bodily injury or property that is owned or operated by, rented or loaned to any damage which, in whole or in part, is caused by, insured. results from, is attributable to, contributes to, acts in conjunction with, or is aggravated by: This exclusion does not apply to: (1) The actual, alleged or threatened discharge, (1) A watercraft while ashore on premises you own or dispersal, seepage, migration, release, escape of or rent; exposure to pollutants, regardless of the source of the pollutants; or (2) A watercraft you do not own that is: (2) Any other cause acting in conjunction with said (a) Less than 26 feet long; and pollutants. This includes but is not limited to (b) Not being used to carry persons or property pollutants such as carbon monoxide, smoke, for a charge; mold, soot, vapors, acids, alkalis, chemicals, - gasoline, hydrogen sulfide, soot, dust, (3) Parking an auto on, or on the ways next to, hydrocarbons, lead, insecticides, paint, exhaust premises owned or rented by you, provided the from any auto, vehicle or aircraft, or any auto is not owned by, rented or loaned to any contamination from any combination of the insured; or aforementioned pollutants; or (4) Liability assumed under an insured contract for (3) Whether any pollutant is in the form of gas, liquid the ownership, maintenance or use of aircraft or watercraft; or or particle, and whether or not the injury is commonly thought of as arising from pollution; or (5) Bodily injury or property damage arising out of the operation of any of the equipment listed in (4) Whether the injury or damage caused by the paragraph f.(2) or f(3) of the definition of mobile pollutants was sudden or accidental, or whether equipment (Section VI). the injury or damage was progressive, continuing, chronic, acute or resulted from repeated exposure It. Mobile Equipment to substantially the same general harm; or Bodily injury or property damage arising out of'. (5) Any loss, cost or expense arising out of any: (1) The transportation of mobile equipment by an (a) Request, demand or order that any insured auto owned, operated by, rented or loaned to any or others test for, monitor, clean up, remove, insured; or contain, treat, detoxify or neutralize, or in any way responding to, or assessing the effects (2) The use of mobile equipment in, or while in of, pollutants; or practice or preparation for, a racing, speed or demolition contest, or in any stunting activity. (b) Claim or suit by or on behalf of any (3) Any obligation of an insured under any uninsured governmental authority for damages because or underinsured motorist statute or law which may of testing for, monitoring, cleaning up, arise from the transportation, operation or use of removing, containing, Ireating, detoxifying, mobile equipment. or neutralizing, or in any way responding to, or assessing the effects of, pollutants. i War This exclusion applies whether the property damage Bodily injury or property damage due to war, or bodily injury is caused by, arises from, results from whether or not declared, or any act or condition or is attributable to any other cause acting in incident to war. War includes but is not limited to civil conjunction with said pollutants. war, acts of terrorism, insurrection, rebellion or g. Aircraft, Auto or Watercraft revolution. Bodily injury or property damage arising out of the j. Damage to Property ownership, maintenance, use or entrustment to others Property damage to: of any aircraft, auto or watercraft owned, operated by, rented or loaned to any insured. Use includes but is (1) Property an insured owns, rents or occupies, not limited to operation, loading and unloading. including any costs or expenses incurred by an insured, or any other person, organization or This exclusion applies even if the claim against an entity, for repair, replacement, enhancement, insured alleges negligence or other wrongdoing in the restoration or maintenance of such property for supervision, hiring, employment, training or monitoring any reason, including prevention of injury to a of others by any insured, if the occurrence which caused the bodily injury or property damage person or damage to ano[her's property; or (Page 3 of 19) OCCUR/ (ED. 01/10) (2) Premises an insured sells, gives away or n. Recall of Products, Work or Impaired Property abandons, if the property damage arises out of any part of those premises; or Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, (3) Property loaned to any insured; or withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (4) Personal property in the care, custody or control of any insured; or (1) Your product; or (5) That particular part of real property on which any (2) Your work; or insured or any contractors or subcontractors working directly or indirectly on an insured's (3) Impaired property; behalf are performing operations, if the property if such product, work, or property is withdrawn or damage arises out of those operations; or recalled from the market or from use by any person or organization because of a known or suspected defect, (6) That particular part of any property that must be deficiency, inadequacy or dangerous condition in it. restored, repaired or replaced because an insured's work was incorrectly performed on it. o. Asbestos/Silica Dust This exclusion applies to liability assumed under an Any liability for bodily injury or property damage insured contract except that paragraphs (3), (4), (5), caused by asbestosis, silicosis, mesothelioma, and (6) of this exclusion do not apply to liability emphysema, pneumoconiosis, pulmonary fibrosis, assumed under an insured contract that is a sidetrack pleuritic, endothelioma or any lung disease, or any agreement. ailment caused by, or aggravated by exposure, inhalation, consumption, or absorption of asbestos Paragraph (6) of this exclusion does not apply to fibers, dust, or silica dust. There is no obligation to property damage included in the prod uets-completed defend or pay those sums an insured becomes legally operations hazard. obligated to pay for bodily injury or property damage for claims or suits involving or arising directly or k. Damage to Your Product indirectly from exposure or alleged exposure to asbestos, dust or silica dust in any form or manner Property damage to your product arising out of it or whatsoever. any part of it. 1. Damage to Your Work p. Fines or Penalties Claims based upon or arising out of a fine, sanction or Property damage to your work, or the work of any penalty imposed by or under any law, statute, and insured, in whole or in part, included in the products- ordinance of any federal, state or municipal completed operations hazard. government agency. This exclusion does not apply if the damaged work or q. Punitive or Exemplary Damages the work out of which the damage arises was performed on your behalf by a subcontractor. Claims for PUNITIVE or EXEMPLARY DAMAGES, fines, sanctions or penalties, including but not limited in. Damage to Impaired Property or Property Not to any attorneys' fees awarded as a fine, sanction or Physically Injured. penalty. Property damage to impaired property or property r. Aircraft not physically injured arising out of. ' Bodily injury or property damage arising out of the (1) A delay or failure by you or anyone acting on your products hazard relating to aircraft, including missiles behalf to perform a contract or agreement in or spacecraft, any ground support or control equipment accordance with its terms; or used therewith, or any article famished by any insured and (2) A defect, deficiency, inadequacy or dangerous installed in aircraft, or used in connection with aircraft, or for spare parts for aircraft, or tooling used condition in your product or your work. for the manufacture thereof, including ground handling tools and equipment, training aids, instruction manuals, This exclusion does not apply to the loss of use of other blueprints, engineering or other data, advice, services, property arising out of sudden and accidental physical or labor relating to such aircraft or articles, or to any injury to your product or your work after it has been liability arising out of the grounding of any aircraft. put to its intended use. (Page 4 of 19) OCCUR/ (ED. 0 1/10) Grounding shall mean the withdrawal of one or more agreement entered into by The United aircraft from flight operations or the imposition of States of America, or any agency speed, passenger or load restrictions on such aircraft, or thereof, with any person or organization. any part thereof sold, handled or distributed by any insured, or manufactured, assembled or processed by (2) Under any medical payments coverage, or under any other person or organization according to any supplementary payments provision relating to specifications, plans, suggestions, orders or drawings of first aid, to expenses incurred with respect to any insured, or with tools, machinery or other bodily injury resulting from the hazardous equipment furnished to such persons or organizations properties of nuclear material and arising out of by any insured, whether such aircraft so withdrawn is the operation of a nuclear facility by any person or owned or operated by the same or different persons or organization. organizations. (3) Resulting from the hazardous properties of The word aircraft includes but is not limited to missiles, nuclear material if. spacecraft, or any ground support or control equipment used therewith. (a) The nuclear material: s. Absolute Earth Movement (i) Is located at any nuclear facility owned by, or operated by or on behalf of any Bodily injury or property damage arising from, insured or related to or resulting from: (ii) Is discharged or dispersed from any (1) Earth movement, regardless of the cause of the nuclear facility owned by, or operated earth movement. Earth movement includes but is by or on behalf of any insured; not limited to landslide, earthquake, subsidence, mudflow, sinkhole, shrinking, expansion, erosion, (b) The nuclear material is contained in spent loss of lateral or subjacent support and the fuel or waste at any time possessed, handled, expanding, rising, falling, shifting, -settling or used, processed, stored, transported or contracting of earth, whether or not there is any disposed of by or on behalf of an insured; or other concurrent causation of the bodily injury or . property damage; or (c) The bodily injury or property damage arises out of the furnishing by an insured of (2) Whether or not the earth movement or settling is services, materials, parts or equipment in attributable to, or on the part of, any insured. connection with the planning, construction, maintenance, operation or use of any nuclear This exclusion only applies to bodily injury and facility, but if such facility is located within property damage that is included in the products- The United States of America, its territories completed operations hazard. or possessions or Canada, this Exclusion applies only to property damage to such t. Nuclear Energy nuclear facility and any property thereat. Any claim for bodily injury or property damage: (d) For the purposes of this exclusion only, property damage includes but is not limited (1) (a) With respect to which an insured under the to all forms of radioactive contamination of policy is also an insured under a Nuclear property. Energy Liability policy issued by Nuclear Energy Liability Insurance Association, U. Lead Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Bodily injury or property damage arising out of the Association of Canada, or would be an ingestion, inhalation or absorption of lead in any form. insured under any such policy but for its Any loss, cost or expense arising out of any request, termination upon exhaustion of its limit of demand or order that any insured or others test for, liability; or monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the (b) Resulting from the hazardous properties of effects of lead; or any loss, cost or expense arising out nuclear material that: of any claim or suit by or on behalf of a governmental authority for damages because of testing, monitoring, (i) Any person or organization is required cleaning, removing, containing, treating, detoxifying or to maintain financial protection pursuant neutralizing, or in any way responding to, or assessing to the Atomic Energy Act of 1954, or the effects of lead. any amended laws or statutes; or v. Employment Practices (ii) That entitles any insured to indemnity from The United States of America, or Bodily injury to an employee of any insured, or any any agency thereof, under any person performing your work arising out of any: (Page 5 of 19) OCCUR/ (ED. 01/10) an. Cross Suits (1) Refusal to employ; or Bodily injury or property damage for any liability (2) Termination of employment; or caused by any insured to any other insured. This policy does not apply to any claim or suit for injury or (3) Coercion, demotion, evaluation, reassignment, damage by any insured against any other insured discipline, defamation, slander, harassment, humiliation, discrimination, preference, false Exclusions c. through n. do not apply to damage by fire imprisonment, or other employment-related to premises rented to you. A separate limit of practices, policies, acts or omissions; or insurance applies to this coverage as described in the LIMITS OF INSURANCE (SECTION 1V). (4) Emotional, mental, or psychological distress, injury, trauma, anguish, shock, or other similar conditions to any employee, or to any other person COVERAGE R. PERSONAL INJURY AND as a result of (l) through (3) above. ADVERTISING INJURY LIABILITY This exclusion applies whether an insured may be held 1. INSURING AGREEMENT liable as an employer or in any other capacity and to any obligation to share damages with or to repay a. We will pay those sums that you become legally someone else who must pay damages because of the obligated to pay as damages for personal injury or injury. advertising injury to which this insurance applies. We will have the right and duty to defend any suit w. Formaldehyde Exclusion seeking those damages to which this insurance applies. However, we will have no duty to defend an insured Any liability for bodily injury or property damage or pay those sums that an insured becomes legally arising out of any product containing any form of obligated to pay as damages for personal injury and formaldehyde or chemically related compounds or advertising injury to which this insurance does not substances. apply. We have no duty to pay an award against an insured for attorneys' fees pursuant to any statute, law x. Electromagnetic Radiation or ordinance of the federal, state or municipal governmental agency; or pursuant to any contract Bodily injury or property damage arising out of any entered into by any insured. We may at our discretion actual, alleged or threatened exposure to any investigate any offense or occurrence and settle any electromagnetic fields. claim or suit that may result. However: y. Repair Work (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE Claims for property damage or bodily injury arising (SECTION IV). from or related to, in whole or in part, repair work to correct deficiencies in work originally performed by an (2) Subject to (1) above, our right and duty to defend insured. end when we have used up the applicable limit of insurance by payment of any judgments, costs of z. Mold, Fungi, Biological Element or Organic Pathogen defense, expenses or settlements under Coverage A. or B. Any and all liability for bodily injury or property damage which is in whole or part caused by, results No other obligation or liability to pay sums or perform acts from, attributable to, aggravated by, or related to, or services is covered unless explicitly provided for under actual, alleged or threatened presence, or existence of, SUPPLEMENTARY PAYMENTS - COVERAGES A exposure to any stage or form of mold, fungi, bacteria, AND B. virus, pollen, spores, allergen or any organic pathogen; and/or b. This insurance applies to: (1) bodily injury or property damage caused by (l) Personal injury caused by an offense arising out remediation decontamination, removal, of your business, excluding advertising, eradication or detoxification of mold, fungi, publishing, broadcasting or telecasting done by or bacteria, virus, pollen, spores, allergen or any for you; organic pathogen; and/or (2) Advertising injury caused by an offense (2) Any liability, cost or expense to remediate or committed in the course of advertising your prevent bodily injury or property damage from goods, products or services; mold, fungi, bacteria, virus, pollen, spores, allergen or any organic pathogen, regardless of the (3) This insurance for advertising injury and origin or cause. advertising injury applies only if: (Page 6 of 19) OCCUR/ (ED. 01/10) (a) The offense was committed in the coverage (c) The final amount of damages, loss, cost or territory; and expense has been established. (b) The onset of the offense and or the Offense was not committed before effective Date, shown in the Declarations; and (c) A claim for damages because of the personal injury or advertising injury first takes place during the policy period; and li (d) The claim must be reported by an insured to us in writing during the policy period or within 48 months of the termination of the policy period. c. An offense is deemed to first take place when the personal injury or advertising injury is first known to anyone, regardless of whether the damage or injury is continuous, progressive, repeated, changing, or results from exposure to substantially the same general harm. d. A claim made by a person or organization seeking damages will be deemed to have been made at the earlier of the following times: (1) When notice of such claim is received by an insured; or (2) When notice of such claim is received by us. All claims for damages because of personal injury or advertising injury to the same person or organization as a result of an offense will be deemed to have been made at the time the first of those claims is made against any insured. e. This insurance does not apply to and we shall have no obligation or duly to defend any insured for damages in respect to any claim, suit, action, demand, litigation, arbitration, alternative dispute, or other judicial or administrative proceeding alleging "personal injury" and or "advertising injury": (1) which results from any work or operations performed by or on behalf of an insured prior to the inception of the policy; or (2) which has commenced or is pending prior to the effective date of this policy, or (3) for future damages, loss, cost or expense arising out of said pending or prior litigation; or (4) Any " personal injury", " advertising injury", or any other injury or damage of which any insured has knowledge prior to the effective date of this policy. This applies whether or not: (a) Damages continue or progress during the policy period; or ' (b) Ultimate liability has been established; or (Page 7 of 19) OCCUR/ (ED. 01/10) EXCLUSIONS: COVERAGE, R employees, as well as persons who qualify as borrowed servants or employees or persons who are or may be This insurance does not apply to: deemed employees of an insured under the doctrines of borrowed servant, borrowed employee, respondent a. Expected or Intended Injury superior or any similar doctrine, or persons performing the duties of an employee, regardless of their legal Personal Injury or advertising injury expected or status, or for whom an insured may be held liable as intended from the standpoint of an insured. an employer. b. Contractual liability e. Absolute Pollution Personal injury or advertising injury for which an This exclusion applies to personal injury or insured is obligated to pay damages by reason of the advertising injury which, in whole or in part, is assumption of liability in a contract or agreement. This caused by, results from, is attributable to, contributes exclusion does not apply to liability for damages: to, acts in conjunction with, or is aggravated by: (1) Assumed by the Named Insured in a written (1) The actual, alleged or threatened discharge, contract or written agreement that is an insured dispersal, seepage, migration, release, escape of or contract, provided the personal injury or exposure to pollutants, regardless of the source of advertising injury occurs subsequent to the the pollutants; or execution. of the written contract or written (2) Any other cause acting in conjunction with said agreement and provided the personal injury or pollutants. This includes but is not limited to advertising injury results from the negligence, pollutants such as carbon monoxide, smoke, mold fault or comparative fault of the Named Insured soot, vapors, acids, alkalis, chemicals, gasoline, and is not otherwise excluded by the terms of this hydrogen sulfide, soot, dust, hydrocarbons, lead, policy; or insecticides, paint, exhaust from any auto, vehicle or aircraft, or any contamination from any (2) Assumed by the Named Insured in a written combination of the aforementioned pollutants; or contract or written agreement, but only to the extent of the Named Insured's percentage of (3) Whether any pollutant is in the form of gas, liquid comparative fault. or particle, and whether or not the injury is commonly thought of as arising from pollution; or c. Workers' Compensation and similar laws (4) Whether the injury or damage caused by the Any obligation of an insured under a workers' pollutants was sudden or accidental, or whether compensation, disability benefits or unemployment the injury or damage was progressive, continuing, compensation law or any similar law. chronic, acute or resulted from repeated exposure to substantially the same general harm; or d. Employer's Liability (5) Any loss, cost or expense arising out of any: Personal Injury or Advertising Injury to: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, (1) An employee of an insured arising out of and in contain, treat, detoxify, or neutralize, or in any the course of employment by an insured or way responding to, or assessing the effects performing duties relating to an insured's of, pollutants; or business, regardless of who may be liable, or (b) Claim or suit by or on behalf of a (2) The spouse, child, parent, brother or sister of that governmental authority for damages because employee as a consequence of (1) above. of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, This exclusion applies: or neutralizing, or in any way responding to, or assessing the effects of, pollutants. (I) Whether an insured may be liable as an employer or in any other capacity; and/or This exclusion applies whether the property damage or bodily injury is caused by, arises (2) To any obligation to share damages with or repay from, results from or is attributable to any other someone else who must pay damages because of cause acting in conjunction with said pollutants. the injury, including an insured contract; and/or f. War (3) To liability assumed by an insured in an insured Personal injury or advertising injury due to war, contract. whether or not declared, or any act or condition For the purpose of this exclusion only, the term incident to war. War includes but is not limited to civil employee as used in this policy includes but is not war, acts of terrorism, insurrection, rebellion or limited to loaned, rented, leased or temporary revolution. (Page 8 of 19) OCCUR/ (ED. 01/10) g. Fines or Penalties (14) To personal and advertising injury arising out of the unauthorized use of another's name or product Claims based upon or arising out of a fine or penalty in an insureds' e-mail address, domain name, imposed by or under any law, statute, ordinance or any metalag, or any other similar tactics to mislead federal, state or municipal government agency. anther's potential customers. h. Punitive or Exemplary Damages j. Trade Secrets Claims for PUNITIVE or EXEMPLARY DAMAGES, Claims of infringement, misappropriation or violation fines, sanctions or penalties, including but not limited of any trade secrets rights, laws or statutes. to any attorneys' fees awarded as a fine, sanction or penalty. k. Employment Practices L Personal Injury and Advertising Injury Personal injury or advertising injury arising out of any: (I) Arising out of oral or written publication of material, if done by or at the direction of an (1) Refusal to employ; or insured with knowledge of its falsity; or (2) Termination of employment; or (2) Arising out of oral or written publication of material, the first publication of which took place (3) Coercion, demotion, evaluation, reassignment, before the Inception date; or discipline, defamation, slander, harassment, humiliation, discrimination, preference, false (3) Arising out of the willful violation of a penal imprisonment, or other employment-related statute or ordinance committed by or with the practices, policies, acts or omissions; or consent of any insured; or (4) Shock, or emotional, mental or psychological (4) To any insured who has assumed liability in a distress, injury, trauma or anguish or other similar contract or agreement. This exclusion does not conditions to any employee or to any other person apply to liability for damages that you would as a result of (1) through (3) above. have in the absence of a contract or agreement, or This exclusion applies whether an insured may be held (5) To the failure of goods, products or services to liable as an employer or in any other capacity and to conform with advertised quality or performance; any obligation to share damages with or to repay or someone else who must pay damages because of the injury. (6) To the wrong description of the price of goods, products or services; or 1. Lead (7) To an offense committed by an insured whose Personal injury arising out of the ingestion, inhalation business is advertising, broadcasting, publishing or absorption of lead in any form. Any loss, cost or or telecasting; or expense arising out of my request, demand or order that any insured or others test for, monitor, clean up, (8) To misappropriation of advertising ideas or style remove, contain, treat, detoxify or neutralize, or in any of doing business; or way respond to, or assess the effects of lead; or any loss, cost or expense arising out of any claim or suit by (9) To infringement of copyright, title, patent or or on behalf of a governmental authority for damages slogan; or because of testing, monitoring, cleaning, removing, containing, treating, detoxifying, neutralizing, or in my (10) To oral or written publication of material that way responding to, or assessing, the effects of lead. disparages a person's or organization's goods, products or services; or in. Formaldehyde Exclusion (11) To designing or determining content or websites Any liability for personal injury arising out of any for others; or product containing any form of formaldehyde or chemically related compounds or substances. (12) To an internet search, access, content or service provider; or n. Asbestos/Silica Dust (13) Personal and advertising injury arising out of an Any liability for personal injury caused by asbestosis, electronic chatroom or bulletin board an insured silicosis, mesothelioma, emphysema, pneumoconiosis, hosts, owns or over which an insured exercises pulmonary fibrosis, pleuritis, endothelioma or any lung control. disease or any ailment caused by, aggravated by exposure, inhalation, consumption or absorption of asbestos fibers, dust or silica dust. There is no (Page 9 of 19) OCCUR/ (ED. 01/10) obligation to defend or pay any sum for damages to SUPPLEMENTARY PAYMENTS - COVERAGES A AND B any insured for claims or suits involving or arising directly or indirectly from exposure or alleged exposure We will pay, with respect to any claim or suit we defend: to asbestos, dust or silica dust in any form or manner whatsoever. 1. All expenses we incur. o. Electromagnetic Radiation 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of Personal injury arising out of any actual, alleged or any vehicle to which the Bodily injury Liability Coverage threatened exposure to any electromagnetic fields. applies. We do not have to £umish these bonds. p. Mold, Fungi, Biological Element or Organic Pathogen 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not Any and all liability for personal injury which is in have to furnish these bonds. whole or part caused by, results from, attributable to, contributed to, aggravated by, or related to actual, 4. All interest on the full amount of any judgment that accrues alleged or threatened presence or existence of or after entry of the judgment and before we have paid, offered exposure to any stage or form of mold, fungi, bacteria, to pay, or deposited in court that part of the judgment that is virus, pollen, spores, allergen or any organic pathogen; within the coverage of this policy and the applicable limit of and/or insurance. (1) Personal injury arising out of remediation THESE PAYMENTS WILL REDUCE THE APPLICABLE decontamination, removal, eradication or LIMITS OF INSURANCE SHOWN IN THE detoxification of mold, fungi, bacteria, virus, DECLARATIONS. pollen, spores, allergen or any organic pathogen; and/or, COVERAGE C. MEDICAL, PAYMENTS (2) Any liability, cost or expense to remediate or prevent personal injury from mold, fungi, 1. INSURING AGREEMENT bacteria, virus, pollen, spores, allergen or any organic pathogen regardless of the origin or cause. a. We will pay medical expenses as described below for bodily injury caused by an accident: q. Absolute Earth Movement (1) On premises you own or rent; or Personal injury or advertising injury arising out of, related to, or resulting from: (2) On ways next to premises you own or rent; (1) Earth movement, regardless of the cause of the b. This insurance under this coverage part applies only if: earth movement. Earth movement includes but is not limited to landslide, earthquake, subsidence, (1) The accident takes place in the coverage territory mudtlow, sinkhole, shrinking, expansion, erosion, and during the policy period; and loss of lateral or subjacent support and the expanding, rising, falling, shilling, settling or (2) The expenses are incurred and reported to us contracting of earth, whether or not there is any within one year of the date of the accident; and other concurrent causation of the personal injury or advertising injury; or (3) The injured person submits to examination, at our expense, by physicians of our choice, as often as (2) Whether or not the earth movement or settling is we reasonably require. attributable to, or on the part of, any insured. c. We will make these payments regardless of fault. This exclusion only applies to personal injury or These payments will not exceed the applicable limit of advertising injury that is included in the products- insurance. We will pay reasonable expenses as a result completed operations hazard. of the accident for: r. Cross Suits (1) First aid at the time of an accident; and Personal injury or advertising injury for any (2) Necessary medical, surgical, x-ray and dental damages caused by any insured to any other insured. services, including prosthetic devices; and This policy does not apply to any claim or suit for injury or damage by any insured against any other (3) Necessary ambulance, hospital, professional insured. nursing and funeral services. d. If you recover expenses or damages covered under this -part from any other person or entity, then these expenses or damages shall be reimbursed to us and (Page 10 of 19) OCCUR/ (ED. 01/10) shall not be treated as a collateral source payment to an such bodily injury or personal injury, or for any insured. obligation to share damages with or repay someone else who must pay damages because of 2. EXCLUSIONS the injury; or We will not pay expenses for bodily injury: (2) Bodily injury or personal injury arising out of his or her providing or failing to provide a. To any insured. professional health care services, or b. To a person hired to do work for or on behalf of any (3) Property damage to property owned, occupied, insured or a tenant of any insured. rented, or loaned to that employee, or any of your c. To a person injured on that part of premises any other employees. insured owns or rents that the person normally occupies. b. Any person or organization having proper temporary custody of your property if you die, but only: d. To a person, whether or not an employee of any insured, if benefits for the bodily injury are payable or (1) With respect to liability arising out of the may be provided under a workers' compensation or maintenance or use of that property; and disability benefits law or a similar law. (2) Until your legal representative has been e. To a person injured while taking part in, or training for, appointed. athletics. c. Your legal representative if you die, but only with f. Excluded under Coverage A. respect to duties as such. That representative will have all your rights and duties under this Coverage Part. g. Due to war, whether or not declared, or any act or condition incident to war. War includes but is not d. With respect to mobile equipment registered in your limited to civil war, acts of terrorism, insurrection, name under any motor vehicle registration law, any rebellion or revolution. person qualifies as a Named insured while driving such equipment along a public highway with your permission. Any other person or organization SECTION Ii - WHO IS AN INSURED responsible for the conduct of such person also qualifies as a Named insured, but only with respect to 1. if you are designated in the Declarations as: liability arising out of the operation of the equipment, and only if no other insurance of any kind is available a. An individual, you and your spouse qualify as Named to that person or organization for this liability. insureds, but only with respect to the conduct of a However, no person or organization is an insured with business of which you are the sole owner and which is respect to: set forth in the Declarations. (1) Bodily injury to a co-employee of the person b. A partnership orjoint venture, you qualify as a Named driving the equipment; or insured. However, your members, your partners, and their spouses are not insureds. (2) Property damage to property owned by, rented to, in the charge of or occupied an insured or the c. An organization other than a partnership or joint employer of any person who is an insured under venture, you are a Named insured. Your executive this provision. officers and directors are insureds, but only with respect to their duties as your officers or directors. 3. Any organization you newly acquire or form, other than a Your stockholders are also insureds, but only with partnership or joint venture, and over which you maintain respect to their liability as stockholders. ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that d. A limited liability company, you are a Named insured. organization. However: However, your members or managers are not an insured. a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or 2. Each of the following also qualities as a Named Insured: the end of the policy period, whichever is earlier; a. Your employees, other than your executive officers, b. Coverage A does not apply to bodily injury or but only for acts within the scope of their employment property damage that occurred before you acquired or by you. However, no employee is an insured for: formed the organization; and (1) Bodily injury or personal injury to you or to a c. Coverage B does not apply to personal • injury or co-employee while in the course of his or her advertising injury arising out of an offense committed employment, or the spouse, child, parent, brother before you acquired or formed the organization. or sister of that co-employee as a consequence of (Page 1I of 19) OCCUR/ (ED. 01110) No person or organization is an insured with respect to the (3) The Additional Insured does not have any other conduct of any current or past partnership or joint venture valid and collectible insurance that is primary that is not shown as a Named Insured in the Declarations. insurance; and (4) An additional premium has been charged and j ECTION IIIL- DDITIONAL:INSUREDS~ received by us for the primary wording appearing on the approved Certificate of Insurance. If an 1. The following provisions apply to Additional Insureds: additional premium has been charged and received by us and the Additional Insured has other a. The term additional insured or additional insureds primary insurance, then we will share with that shall include any person or organization only if. other insurance in the method set forth in Section (1) The person, organization or entity is specifically V, paragraph 8 c. ' designated as an additional insured on a 2. Any person or entity that is not specifically shown as an Certificate of Insurance approved by us. additional insured on a Certificate of Insurance approved However, the members, spouses, partners, by us, and/or who has not paid an additional premium prior employees, officers, directors and/or managers of to notice of the claim, is not entitled to any benefits or the organizations, entities or persons are not coverage under this policy. additional insureds. (2) The approved Certificate of Insurance must be on SECTION IV - LIMITS OF INSURANCE file with us; and 1. The Limits of insurance shown in the Declarations and the (3) An additional premium has been charged and rules below fix the most we will pay regardless of the received by us for the additional insured number of appearing on the approved Certificate of Insurance; and a. Insureds; or b. Our failure to accept or reject any Certificate of b. Claims made or suits brought; or Insurance or additional insured endorsement, including additional premium charges, does not extend c. Persons or organizations making claims or bringing additional insured status beyond that which is granted suits. in this policy. 2. The General Aggregate Limit is the most we will pay for the c. The applicable limit of our liability shall not be sum of: increased by the inclusion of any number of additional insureds. a. Medical expenses under coverage C; d. Coverage provided for any additional insured is only b. Damages under Coverage A, except damages because to the extent the additional insured is being held liable of bodily injury or property damage included in the for your acts or omissions. products-completed operations hazard; and e. A Certificate of Insurance will not be evidence of c. Damages under Coverage B. coverage unless we have given prior approval for it and it is on file with us. An agent or broker has no 3. The Products-Completed Operations Aggregate Limit is authority to issue a Certificate of Insurance without the most we will pay under Coverage A for damages obtaining our prior approval. We are not bound by any because of bodily injury and property damage included in Certificate of Insurance we are not aware of, did not the products-completed operations hazard. authorize, or is not in our file. E The terms of this policy shall always control the 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum coverage provisions, if any, contained in a Certificate of all damages because of all personal injury and of Insurance. advertising injury sustained by any one person or g. Other than as expressly modified herein, any coverage organization. provided to an additional insured under this policy 5. Subject to 2. or 3. above, whichever applies, the Each shall be primary insurance only iF. Occurrence limit is the most we will pay for the sum of. (1) Such claim, loss or liability is determined to be a. Damages under Coverage A; and solely the negligence or responsibility of the Named Insured; and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any (2) No other person or entity is comparatively or occurrence. contributarily at fault; and (Page 12 of 19) OCCUR/ (ED. 01/10) c. The Fire Damage Limit is the most we will pay under Coverage A for damages because of property damage The cancellation will be effective even if we have not to premises rented to you arising out of any fire. made or offered a refund. d. The Medical Expense Limit is the most we will pay f. If we elect to audit the policy rate basis under the under Coverage C for all medical expenses because of provisions of Section V, the first Named Insured agrees bodily injury sustained by any person. to pay the higher of: 6. The most we will pay for the sum of all damages under (1) the earned premium as computed by such audit; or bodily injury or property damage under all issued policies for any claim or suit is a single aggregate limit of (2) the earned premium as computed by such insurance, less expenses, costs and attorneys' fees as customary short-rate procedure of the minimum provided for in the policy. and deposit premium if the first Named Insured cancels, or as computed pro rata if the company The limits of this Coverage Part apply separately to each cancels the policy. consecutive annual period and to any remaining period of less than 12 months, starling with the beginning of the g. If notice is mailed, proof of mailing will be sufficient policy period shown in the Declarations, unless the policy proof of notice. period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will 3. CHANGES be deemed part of the last preceding period for purposes of determining the Limits of Insurance. This policy contains all the agreements concerning the 'I insurance afforded. The first Named insured shown in the Declarations is authorized to make changes in the terms of SECTION V - COMMERCIAL GENERAL LIABILITY this policy only with our written consent. This policy's terms CONDITIONS can be amended or waived only by endorsement issued by us and made a part of this policy. We have no duty to pay or defend an insured under this policy unless any insured has fully complied with the 4. EXAMINATION OF YOUR BOOKS AND RECORDS conditions contained in this insurance. We may examine and audit your books and records as they 1. BANKRUPTCY relate to this policy at any time during the policy period and up to three years afterward. Your bankruptcy or the insolvency of your estate will not relieve us of our obligations under this Coverage Part. S. INSPECTIONS AND SURVEYS 2. CANCELLATION We have the right but are not obligated to: a. The first Named Insured shown in the Declarations a. Make inspections and surveys at any time; or may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. Give you reports on the conditions we find; or b. We may cancel this policy by mailing or delivering to c. Recommend changes. the first Named Insured written notice of cancellation at least: Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do (1) 10 days before the effective date of cancellation if not make safety inspections. We do not undertake to we cancel for non-payment of premium; or perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not (2) 30 days before the effective date of cancellation if warrant that conditions: we cancel for any other reason. C. We will mail or deliver our notice to the firs[ Named (1) Are safe or healthful; or Insured's address shown in this policy. (2) Comply with laws, regulations, codes or d. Notice of cancellation will state the effective date of standards. cancellation. The policy period will end on that date. These conditions apply not only to us, but also to any rating, advisory rate service or similar organization e. If this policy is cancelled, we will send the first Named which makes insurance inspections, surveys, reports or Insured any premium refund due as follows: recommendations. (1) if we cancel, the refund will be pro rata; or 6. DUTIES IN THE EVENT OF AN OCCURRENCE, (2) if the first Named Insured cancels, the refund may . OFFENSE, CLAIM OR SUIT be less than pro rata and will be computed by the Company's customary short-rate procedure. (Page 13 of 19) OCCUR/ (ED. 01/10) a. Any insured must see to it that we are notified A person or organization may sue us to recover on an immediately of an occurrence or offense which may agreed settlement or on a final judgment against an result in a claim. Notice should include: insured obtained after an actual trial; but we will not be liable for damages that are not payable under the (1) How, when and where the occurrence or offense terms of this Coverage Part or that are in excess of the took place; applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, (2) The names and addresses of any injured persons the insured and the claimant or the claimant's legal and witnesses; and representative. (3) The nature and location of any injury or damage 8. OTHER INSURANCE arising out of the occurrence or offense. If other insurance is available to an insured for a damage b. If a claim is brought against an insured, the insured we cover under Coverages A, B or C of this policy, our must: obligations are limited as follows: (1) Immediately record the specifics of the claim or a. Primary Insurance suit and the date received, and This insurance is primary except where paragraph b. (2) Notify us as soon as practicable, but not more than below applies. When other insurance applicable to the ten (10) days following initial notice of the claim. loss, injury or damage on behalf of an insured is also excess, as set forth in paragraph b. below, then we will . You must see to it that we receive written notice of the share with other excess insurance by the method claim or suit as soon as practicable, but no greater than described in c. below. ten (10) days following initial notice of an occurrence or offense. Failure to comply with this notice provision b. Excess Insurance may result in the elimination of coverage under this policy. Where permitted by law, this insurance is excess over any other insurance naming an insured, whether such c. You and any other involved insured must: insurance is primary, excess, contingent or contributing. This insurance may not be used to satisfy (1) Immediately send us copies of any demands, any deductible or self-insured retention amounts an notices, summons or legal papers received in insured may owe as a result of loss, damage or injury. connection with the claim or suit; and When this insurance is excess, we will have no duty (2) Authorize us to obtain records and other under Coverage A, B or C to defend any claim or suit information; and that any other insurer has a duty to defend. (3) Cooperate with us in the investigation, settlement When this insurance is excess over other insurance, we or defense of the claim or suit; and will pay only our share of the amount of the loss, if (4) Assist us, upon our request, in the enforcement of any, that exceeds the sum of any right against any person or organization which may be liable to the insured because of injury or (1) The total amount that all such other insurance damage to which this insurance may also apply. would pay for the loss in the absence of this insurance; and d. We shall not be liable for any cost, payment, expense or obligation assumed or incurred by an insured (2) The total of all deductible and self-insured without our express consent. Nothing in this retention amounts under all other insurance. subparagraph d. shall be construed to expand upon coverage nor lengthen or expand the periods in which We will share the remaining loss, if any, with any other claims or suits are to be reported as set forth in insurance that is not described in this Excess Insurance paragraphs a. through c. of this Section. provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the 7. LEGAL ACTION AGAINST US Declarations of this Coverage Part. No person or organization has a right under this Coverage c. Method of Sharing Part: Where paragraph b. is applicable, and this insurance a. To join us as a party or otherwise bring us into a suit must share with other excess insurance, the following asking for damages from an insured; or method of sharing shall be followed: b. To sue us on this Coverage Part without first fully If all of the other contributing excess insurance permits complying with all of the terms of this policy of contribution by equal shares, we will follow this insurance. method also. Under this approach each insurer contributes equal amounts until it has paid its (Page 14 of 19) OCCUR/ (ED. 01/10) applicable limit of insurance or none of the loss from the first Named Insured under said Section V, remains, whichever comes first. Paragraph 9.d. above. The first Named Insured further agrees to pay the Company, upon demand, all If any of the other insurance does not permit reasonable attorneys' fees, collection costs, and court contribution by equal shares, we will contribute by costs required by the Company to enforce its rights and limits. Under this method, each insurer's share is based remedies under either option (1) or option (2) set forth upon the ratio of its applicable limit of insurance to the in said Section V, Paragraph 9.d. above. total applicable limits of insurance of all insurers providing excess coverage. The above methods of sharing will also apply where no primary insurance, as set forth in b. above, is applicable to the loss. In such instance, all applicable deductibles and/or self-insured amounts must first be exhausted before this insurance will apply. 9. PREMIUM AUDIT a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium for this policy is designated as a MINIMUM AND DEPOSIT PREMIUM, then we shall be entitled to retain that premium in full, notwithstanding any subsequent audit showing an earned premium to be less than the amount designated as the MINIMUM AND DEPOSIT PREMIUM. In no event shall all or any part of a MINIMUM AND DEPOSIT PREMIUM be returnable to you predicated upon the results of any general audit or audit of payroll, receipts or sales. Notwithstanding the foregoing, a MINIMUM AND DEPOSIT PREMIUM is subject to an upward adjustment if an audit shows that the total earned premium exceeds the MINIMUM AND DEPOSIT PREMIUM. In that case, the amount by which the total earned premium exceeds the MINIMUM AND DEPOSIT PREMIUM shall be due and payable on notice to the first Named Insured. c. The first Named Insured must keep records of the information we need for the premium computation, and send us copies at such times as we may request. d. If the first Named Insured refuses to allow us access to its records sufficiently to conduct such audit of the policy term, then we shall, at our sole discretion, have the option to pursue either one of the following: (1) To initiate all available legal and/or equitable remedies available in a court of proper jurisdiction to enforce and accomplish the subject audit; or (2) To invoice the first Named Insured for an additional premium equal to THE GREATER OF twenty-five percent (25%) of the original minimum and deposit premium shown on the declarations page of this policy or five thousand dollars ($5,000.) e. Additional premiums invoiced under option (2) of the above Section V, Paragraph 9.d. are due and payable on such invoicing to the first Named Insured. Interest allowed by the Insured's state laws, or if no such laws, then ten percent (100/6) interest, shall begin to accrue thirty (30) days after such invoicing on all amounts due (Page 15 of 19) OCCUR/ (ED. 01/10) f. If the first Named Insured fails to pay the amount rights are transferred to us. An insured must do nothing determined to be due and owing following invoicing by after loss to impair these rights. At our request, an insured the Company, the Company shall have the right to will bring suit or transfer those rights to us and help us rescind the policy in its entirety. The first Named enforce them. Insured will receive a return of the amount of premium owed less the total earned premium, if no claim has 14. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER been made under the policy. If a claim has been made THIS POLICY under the policy, no amount of premium will be returned, and the policy will be rescinded as of the date Your rights and duties under this policy may not be of receipt of the latest claim. transferred without our written consent except in the case of death of an individual Named Insured. 10. PREMIUMS If you die, your rights and duties under this policy will be transferred to your legal representative, but only while a. The first Named Insured shown in the declarations: acting within the scope of duties as your legal representative. Until your legal representative is appointed, (1) Is responsible for the payment of all premiums; anyone having proper temporary custody of your property and will have your rights and duties, but only with respect to that property. (2) Will be the payee for any return premiums we pay. b. THIS POLICY SHALL NOT TAKE EFFECT SECTION VI - DEFINITIONS UNLESS THE DESIGNATED PREMIUM 14AS BEEN PAID. FAILURE TO PAY THE 1. Advertising injury means injury other than bodily injury DESIGNATED PREMIUM ACTS AS A or personal injury arising out of one or more of the RESCISSION OF THE POLICY AND ANY BINDER following offenses committed in the course of and through THAT MAY HAVE BEEN ISSUED. PAYMENT OF - the means of an insured's advertising activities: THE DESIGNATED PREMIUM CONSTITUTES ACCEPTANCE OF THE POLICY AND ALL OF ITS a. Oral or written publication of material that slanders or TERMS AND CONDITIONS. libels a person or organization; 11. REPRESENTATIONS b. Oral or written publication of material that violates a person's right of privacy; By accepting this policy, you agree: 2. Auto or Automobile means a land motor vehicle, trailer or a. The statements in the Declarations are accurate semi-trailer designed for travel on public roads, including and complete; any attached machinery or equipment. Auto does not include mobile equipment. b. Those statements are based upon representations you made to us; and 3. Bodily injury means physical injury, physical sickness or physical disease sustained by any person, including death c. We have issued this policy in reliance upon your resulting there from that first occurs during the policy representations. period. Bodily injury does not include shock or emotional, mental or psychological distress, injury, trauma or anguish, d. Your representations were express warranties. or other similar condition. e. A determination that your representations were 4. Claim or Claims means a request or a demand received by false will result in rescission of this agreement. any insured or us for money or services, including the service of suit or institution of arbitration proceedings 12. SEPARATION OF INSUREDS against any insured. Except with respect to the Limits of Insurance and any rights 5. Coverage territory means: or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; a. As if each Named Insured were the only Named Insured; and b. International waters or airspace, provided the injury or damage does not occur in the course of travel or b. Separately to each insured against whom claim is transportation to or from any place not included in a. made or suit is brought. above; or 13. TRANSFER OF RIGHTS OF RECOVERY AGAINST c. All parts of the world if: OTHERS TO US (I) The injury or damage arises out of If any insured has the right to recover all or part of any payment we have made under this Coverage Part, those (Page 16 of 19) OCCUR/ (ED. 01/10) (a) Goods or products made or sold by you in the municipality) under which you assume the tort liability territory described in a. above; or of another party to pay for bodily injury or property damage to a third person or organization, but only if (b) The activities of a person whose home is in such bodily injury or property damage is not the territory described in a. above, but is excluded by the terms of the policy, and arises from away for a short time on business; and your work performed during the policy period. (2) An insured's responsibility to pay damages is An insured contract does not include that part of any determined in a suit on the merits, in the territory contract or agreement described in'a. above or in a settlement to which we agree. a. That indemnifies any person or organization for bodily injury or property damage arising out of construction 6. Damage or damages means the estimated money equivalent or demolition operations, within 50 feet of any railroad for loss or injury sustained. Damage or damages does not property and affecting any railroad bridge or trestle, include attorney's fees and costs of suit. tracks, roadbeds, tunnel, underpass or crossing; 7. Employee includes a leased worker. Employee does not b. That indemnifies an architect, engineer or surveyor for include a temporary worker. injury or damage arising out of: 8. Expense or expenses means costs, incidental costs, (1) Preparing, approving or failing to prepare or consequential costs, postage, courier fees, deposition fees, approve plans, including but not limited to reasonable travel expenses, photocopying expenses, demolition plans or methods, maps, drawings, facsimile charges, shipping charges and any other costs opinions, reports, surveys, change orders, designs awarded by a court or tribunal. or specifications; or 9. Hazardous properties mean radioactive, toxic or explosive (2) Giving directions or instructions, or failing to give properties. them, if that is the primary cause of the injury or damage; 10. Impaired property means tangible property, other than your product or your work, that cannot be used or is less c. Under which the insured, if an architect, engineer or useful because: surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to a. It incorporates your product or your work, that is render professional services, including those listed in b. known or thought to be defective, deficient, inadequate above and supervisory, inspection or engineering or dangerous; or services; or b. You have failed to fulfill the terms of a contract or d. That indemnifies any person or organization for agreement; damage by fire to premises rented or loaned to you. if such property can be restored to use by: e. That indemnifies any person or organization for defense fees, expenses or costs resulting from a. The repair, replacement, adjustment or removal of your litigation. product or your work; or 12. Leased worker means a person leased to you by a labor b. Your fulfilling the terms of the contract or agreement. leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of 11. Insured contract means: your business. Leased worker does not include temporary worker. a. A lease of premises; 13. Loading or unloading means the handling of property: b. A sidetrack agreement; a. After it is moved from the place where it is accepted c. Any easement or real estate license agreement, except for movement into or onto an aircraft, watercraft or in connection with construction or demolition auto; operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or auto; or d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a d. While it is being moved from an aircraft, watercraft or municipality; auto to the place where it is finally delivered; but loading or unloading does not include the movement e. An elevator maintenance agreement; of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, f. That part of any other contract or agreement pertaining watercraft or auto. to your business (including an indemnification of a municipality in connection with work performed for a (Page 17 of 19) OCCUR/ (ED. 01/10) 14. Mobile equipment means any of the following types of (1) separating the isotopes of uranium or plutonium, land vehicles, including any attached machinery or equipment: (2) Processing or utilizing spent fuel, or a. Bulldozers, farts machinery, forklifts and other (3) Handling, processing or packaging waste; vehicles designed for use principally off public roads; c. Any equipment or device used for the processing, fabricating, or alloying of special nuclear material if b. Vehicles maintained for use solely on or next to at any time the total amount of such material in the premises you own or rent; custody of an insured at the premises where such c. Vehicles that travel on crawler treads; equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of d. Vehicles, whether self-propelled or not, maintained uranium 235; primarily to provide mobility to permanently mounted: d. Any structure, basin, excavation, premises or place (1) Power cranes, shovels, loaders, diggers or drills; prepared or used for the storage or disposal of waste, or and includes the site on which any of the foregoing is (2) Road construction or resurfacing equipment such located, all operations conducted on such site and all as graders, scrapers or rollers; premises used for such operations. e. Vehicles not described in a., b., c. or it. above that are 16. Nuclear Material means source material, special nuclear not self-propelled and are maintained primarily to material or by product material. provide mobility to permanently attached equipment of the following types: 17. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or (1) Air compressors, pumps and generators, including to contain a critical mass of fissionable material. spraying, welding, building, cleaning, geophysical exploration, lighting and well servicing 18. Occurrence means an accident, including continuous or equipment; or repeated exposure to substantially the same general harm, that first takes place during the policy period. (2) Cherry pickers and similar devices used to raise or lower workers; 19. Onset means the earliest of the following, whether the damage or injury is continuous, progressive, repeated, f. Vehicles not described in a., b, c. or d. above changing or results from exposure to substantially the same maintained primarily for purposes other than the general harm: transportation of persons or cargo. a. The filing date of the original complaint in any lawsuit However, self-propelled vehicles with the following in which an insured is named as a party; or types of permanently attached equipment are not mobile equipment but will be considered autos: b. The date of receipt by any person or entity of any prelitigation notice, including but not limited to, notice (1) Equipment designed primarily for: required by any statute or law; or (a) Snow removal; c. The date of any other administrative proceeding; or (b) Road maintenance but not construction or d. The date of any demand made for arbitration; or resurfacing; C. The date of service of a civil suit, or; (c) Street cleaning; f. The date any person or entity received a demand from a (2) Cherry pickers and similar devices mounted on claimant or claimants for money or services; or automobile or track chassis and used to raise or lower workers; and g. The damages or injury are first diagnosed or first (3) Air compressors, pumps and generators, including discovered by any person or entity. spraying, welding, building, cleaning, geophysical 20. Personal Injury means injury, other than bodily injury, or exploration, lighting and well servicing advertising injury arising out of one or more of the equipment. following offenses: 15. Nuclear facility means: a. False arrest, detention or imprisonment; a. Any nuclear reactor; b. Malicious prosecution; b. Any equipment or device designed or used for: (Page 18 of 19) OCCUR/ (ED. 01/10) c. Wrongful entry into, or physical eviction, of a person (3) Products or operations for which the classification from, a room, dwelling or premises by a named in this Coverage Part or in our manual of rules insured; includes products or completed operations. d. Oral or written publication of material that slanders or 21 Property damage means physical injury to tangible libels a person or organization; or property that first occurs during the policy period, including all resulting loss of use of that property. All such loss of use e. Oral or written publication of material that violates a shall be deemed to occur at the time of the physical injury person's right of privacy. that caused it. 21. Pollutant or pollutants means any solid, liquid, gaseous or 24. Source material, special nuclear material and by- thermal irritants or contaminants, including smoke, vapor, product material have the meanings given them in the soot, fumes, acids, sulfates, sulfites, alkalis, chemicals, Atomic Energy Act of 1954 and any amendment thereto. waste, biological material, mold, mildew and intangibles which negatively affect the health and welfare of people, 25. Spent fuel means any fuel element or fuel component, solid disrupt ecological balance, or desecrate the environment and or liquid, which has been used or exposed to radiation in a negatively impact plants and non-human species. nuclear reactor. Pollutant or pollutants as used herein means any form of 26. Suit or suits means a civil proceeding in which damage pollution as defined above which forms the basis for because of bodily injury, property damage, personal liability, whether the pollution is said to cause physical injury or advertising injury to which this insurance applies injury or not, which by volume or timing or any other factor are alleged. Suit or Suits includes: is said to give rise to liability. a. An arbitration proceeding in which such damages are 22. Products-completed operations hazard includes: claimed and to which you must submit or do submit with our consent; or a. Bodily injury or property damage occurring away from premises you own or rent and arising out of your b. Any other alternative dispute resolution proceeding in product or your work except: which such damages are claimed and to which you submit with our consent. (1) Products that are still in your physical possession; or 27. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to (2) Work that has not yet been completed or meet seasonal or short-term workload conditions. abandoned. 28. Waste means any material: b. Your work will be deemed completed at the earliest of the following times: a. Containing by-product material other than the tailings or wastes produced by the extraction or concentration (1) When all of the work called for in your contract of uranium or thorium from any source or processed has been completed. primarily for its source material content; and/or (2) When all of the work to be done at the site has b. Resulting from the operation by any person or been completed if your contract calls for work at organization of any nuclear facility included under the more than one site. first two paragraphs of the definition of nuclear facility; and/or (3) When that part of the work done at a job site has been put to its intended use by any person or c. Any material or substances to be recycled, organization other than another contractor or reconditioned or reclaimed, and any substance or subcontractor working on the same project. material produced as a by-product or side effect of any process. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, 29. Your product means: will be treated as completed. a. Any goods or products, other than real property, c. This hazard does not include bodily injury or manufactured, sold, handled, distributed or disposed of property damage arising out of: by: (1) The transportation of property, unless the injury or (1) You; damage arises out of a condition in or on a vehicle created by the loading or unloading of it; (2) Others trading under your name; or (3) A person or organization whose business or assets (2) The existence of tools, installed equipment or you have acquired; and abandoned or unused materials; (Page 19 of 19) OCCUR/ (ED. 01/10) b. Containers (other than vehicles), materials, parts or c. Your work includes: equipment furnished in connection with such goods or products. (1) Warranties or representations made at any time with respect to the fitness, quality, durability, c. Your product includes: performance or use of your work; and (1) Warranties or representations made at any time (2) The providing of or failure to provide warnings or with respect to the fitness, quality, durability, instructions. performance or use of your product, and (2) The providing of or failure to provide warnings or instructions. d. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 30. Your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. (Page 20 of 19) OCCUR/ (ED. 01/10) CITY RECORDER Purchase Order RECORDER Fiscal Year 2019 Page: 1 of: 1 [SPIC~NI9E~S1fiT-AP~EBRQN HL ~Q'1111N11!~F!S! €t111114RI a MEt B City of Ashland _ I ATTN: Accounts Payable L . Main Purchase 20 E. L Ashland, Asand, OR 97520 Order# 20190049 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Human Resources Division N ACCUSOURCE INC I 20 East Main Street D 1240 E ONTARIO AVE STE 102-140 In Ashland, OR 97520 O CORONA, CA 92881 T Faxne: 4 541 1 531 j 10 R O n -PhD 0~um a- -More (888)649-6272 Tina'Gra 0612112018 1013 FOB ASHLAND OR/NET30 Ci Accounts Pa able Background Screening Services 1 Background Screening Services 1 $25,000.0000 $25,000.00 Contract for Background Screening Services Completion date extended to: November 1, 2020. Project Account: GL SUMMARY 014900 - 604100 $25,000.00 \9y Date: /~J I T> 7~ on ignature _ 25 000.00 FORM#3 ~ ~ ~ CITY OF il, ASHLAND A re quoit for a P urchas e Orr, r REQUISITION ~y y0 I g Date of request: Required date for delivery: EEI- Vendor Name ti~G~S o z~ r~ Address, City, State, Zip Contact Name & Telephone Number Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form 03, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract If ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form A, Personal Services $5K to $75K Contract # PERSONAL SERVICES S ecial Procurement Intergovernmental Agreement $5.000 to $75.000 F rm #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment [Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council, (Date) ❑ Form #4, Personal Services $5K to $75K Valid until://',~9/ 2 fl Date - (Attach copy of council communication) Description of SERVICES Total Cost - Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ~i.Qi✓I~GG21 e Per COST; ICJ Per attached quotelproposal $ O~'-4°9ed 6 D5°i~D 25J O7)r7' Project Number_ _ _ _ _ _ _ Account Number Account Number Account Number - - - - - - - - - - - - - - - - - - - - - - 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: to or greaterth n $5,000) Department Manager/Supervisor: City Administrator: ual (Equal to or greater than $25 000) Funds appropriated for current fiscal year: ES NO / 61Z Al e inanoeDlre~f qualtoorgreaterthan$5,000) Date Comments: ~ Form #3 - Requisition