HomeMy WebLinkAboutNATIONAL TESTING NETWORK (3)INSURANCE ON FILE N-2020-030
WORK MAY PROGEED
UNTIL INSURANCE EXPIRES
(g Z-7/ ZaZ12
CLERK OF COUNCIL
DATE'. d 9
U; Pd�n 1aHti �O'�� AGREEMENT FOR POLICE RECRUITMENT SERVICES WITH
NATIONAL TESTING NETWORK
N I-o i
rx THIS AGREEMENT is made and entered into on this 10 day of December,2A226 by and between
c National Testing Network, ("Consultant"), and the City of Santa Ana, a charter city and municipal
c corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
providing testing services for upcoming Police Recruit, Police Officer Academy Graduate,
Police Reserve Officer, Park Ranger, Correctional Officer and Correctional Services
Officer recruitments.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in Exhibit A (City of Santa Ana
Corrections) and B (Santa Ana Police Department), attached hereto and incorporated by
reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the annual membership fees as follows: $500 (Exhibit A) and $1,000 (Exhibit
B). The total amount to be expended during the term of this Agreement shall not exceed
$1500. ,
b. Payment by City shall be made within 45 days (forty-five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City
Page I of 8
3. TERM
This Agreement shall commence on February 1, 2020 and continue for a one (1) year term
until January 31, 2021, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employers social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license f'or City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents &. Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
Page 2 of 8
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, orequivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
if. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall slate that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
V. Consultant shall supply City with a fully executed additional insured
endorsement.
C. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability; (1) f'or personal
injury, damages,just compensation, restitution, judicial or equitable relief arising out of claims lot -
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
Page 3 of 8
acting on its behalf which relates to the services described in section I of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable, relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
Page 4 of 8
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
Page 5 of 8
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions;
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
Page 6 of 8
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
Santa Ana, California 92701
Fax: 714-245-8190
To Consultant:
National Testing Network, Wit-
tvmrow�oc(, w�jtar1
Attn: Senior Client Services Manager
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above, For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Clerk oft eCouncil
f.
APPROVED AS TO FORM:
R.CARVALHO
Tamara Bogosian U
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
alentin
Chief of Police
CITY OF SANTA ANA
Kristine g..9e�
City Manager
CONSULTANT:
By: CQVI Swan 6 ,Fk•D-�
Title: presidfbt� f Ccz
Page 8 of 8
EXHIBITS A and B
SCOPE OF SERVICES and COSTS
X1{t IT'14n
. , N A T 1 0 N A L
!,,TESTING
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--------------------------
NTN Renewal for City of Santa Ana
National Testing Network, Inc, (NTN) provides professional testing and recruitment services for public safety departments,
Including but not limited to fire, law enforcement, communications and corrections, NTN services go far beyond the current
slate of testing through the use of national testing facilities, high attention to customer service, experience and expertise in all
Issues surrounding public safety employment testing, high quality simulations and a fully integrated process that provides
candidate Information always avallable to participants.
National Testing Network is owned and operated by professional testing experts with Ph.D.'s In IndustrIeV Organizational
Psychology and over six decades of combined public sector testing experience, NTN Is fully Integrated with Its parent company,
Ergometrics and Applied Personnel Research, Inc, and uses Ergometrics' high quality simulations. Ergometrics is a nationally
recognized leader In test development, Established in t90i1. Ergometrics has designed the most comprehensive video testing
and job simulation testing programs in the nation, Ergometrics has provided personnel testing services to thousands of clients
and millions of applicants In the United States and Canada,
NTN offers full time testing centers and satellite testing canters aaoas the country. The annual membership cost for a
department to utilize NTN's applicant testing and recruitment services is $500.00 peryearfor each Job classification.
REACT
Each Job Category
Annual Membership Renewal
Membership Fee
Annual Membership Renewal
$500.00
Renewal Membership Term
o210112020-01131/2021
NTN WILL PROVIDE
NTN will provide the testing services at designated testing facilities for the sole purpose of testing candidates for the specific job
classifications stated In the scope of the agreement. NTN, at its sole discretion, may make changes to the tests materials,
including, but not limited to alternate forms, scoring keys, additional sections, different test hems, different last andlor test
administration strategy, including location.
NTN will provide an applicant webslle for test scheduling, testing facility, test administration, database of applicant scores and
consultation regarding scores and services. NTN will provide access to candidate Information for candidates that submit scores
to the Member. This information will include basic application Information as defined by NTN, NTN recrultment services will
Include, but are not limited to, Internet advertlsing on job posting services,
xsu t6,1�5L SW, SUIte 3oU, Lynnwaad, WA98oe7, al1.4v5.7¢f,ota3 Fax pzS•741.g355 O'
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The candidate information collected will be determined by NTN and reported to the Member. Member job description
Information and logo will be posted on the NTN website. Any additional application materials and assessments will be the
responsibility of the Member to collect.
The Member was offered a transportability analysis as part of the implementation process, If the Member chose not to conduct
such an analysis, they hereby affirm they understand It is their responsibility to ensure the job is similar enough to the
departments that participated in the criterion validation of the exam and/or have sufficient evidence of content validity.
MEMBER I L PROVIDE
The Member will provide information regarding Member's organization and applications for use on the NTN website, Including
organization logos. The Member will also provide links on Member's websiles to direct candidates to the NTN website for test
sign-up, The Member will also engage in reasonable recruitment and advertising measures to bring candidates both to the NTN
website and Member's website for pre -employment purposes.
MARKETING MATERIALS
The Member grants NTN permission to use its name, logo and other Identifying Information for the purposes of marketing NTN
services. This permission may be revoked by Member at any time,
National Testing Network sincerely appreciates the opportunity to earn your business and help support an efficient, cost
effective applicant recruitment and screening process.
Oityr of Santa Ana — Police Department
ature Agency Name
I,,,gurdes Ferrer 60.Civic. Center Plaza _
Primary Contact Name (Please print) Physical Address
Senior Human Resources Analvst Santa Ana
Title city
11212020 CA
® Date State
lferrer@santa—ana.or
Emall
714-245-8670
Phone
Billing Contact
Please list who should receive the invoices from NTN.
Lourdes Ferrer
,_. _ __
Billing Contact Name (Please print)
Senior Human Resources Analyst
Title
92701
o-Zip Code
lferrer@santa--ana. orz
Email _... .
714-245-8670
Phone
Other Authorized Contacts
Please list anyone who is authorized to receive materials, scores or discuss scores with NTN.
Natalie Blackketter
Authorized Contact Name (Please print)
Human Resources Specialist
Title
mntthpyt Whart-nn
Authorized Contact Name (Please print)
Police Ser eant
Title
a1=2184'" St. SW, Suite Soo, Lynnwood, WA 98087, Ph. 425.741•0103 Fax425.7413355 "o
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NTN Renewal for City of Santa Ana
National Testing Network, Inc, (NTN) provides professional testing and recruitment services for public safety departments,
Including but not limited to fire, law enforcement, communications and corrections, NTN services go far beyond the current
state of testing through the use of national testing facilities, high attention to customer service, experience and expertise In all
issues surrounding public safety employment testing, high quality simulations and a fully integrated process that provides
candidate Information always available to participants.
National Testing Network is owned and operated by professional testing experts with Ph.D; s In Industrial/ Organizational
Psychology and over sic decades of combined public sector testing experience. NTN is fully integrated with Its parent company,
Ergometrics and Applied Personnel Research, Inc, and uses Ergometrirs' high quality simulations. Ergometrics is a nationally
recognized leader In test development, Established In 1980, Ergometrics has designed the most comprehensive video testing
and Job simulation testing programs in the nation. Ergometrbs has provided personnel testing services to thousands of clients
and millions of applicants In the United States and Canada.
NTN offers full time testing centers and satellite testing centers across the country, The annual membership coat for a
department to utilize NTN's applicant testing and recruitment services is $1,000.00 per yearfor each job classification.
Fronttdne National
Moh Job Category
Annual Membership Renewal
Membership Fee
Annual Membership Renewal
$1,000.00
Renewal Membership Term
02r0112020-01131/2021
biRELLER90a
NTN will provide the testing services at designated testing facilities for the sole purpose of testing candidates for the specific Job
classifications stated in the scope of the agreement. NTN, at its sole discretion, may make changes to the tests materials,
Including, but not limited to alternate forms, scoring keys, additional sections, different test hems, different tests and/or test
administration strategy, including location.
NTN will provide an applicant webshe for test scheduling, testing facility, test administration, database of applicant scores and
consultation regarding scores and services, NTN will provide access to candidate Information for candidates that submit scorns
to the Member, This Information will include basic application Information as defined by NTN, NTN recruitment services will
Include, but are not limited to, Internet advertising on job posting services.
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The candidate information collected will be determined by NTN and reported to the Member, Member Job description
information and logo will be posted on the NTN website, Any additional application materials and assessments will be the
responsibility of the Member to collect.
The Member was offered a transportability analysis as part of the implementation process. If the Member chose not to conduct
such an analysis, they hereby affirm they understand it Is their responsibility to ensure the job is similar enough to the
departments that participated in the criterion validation of the exam and/or have sufficient evidence of content validity.
MEMBER WILL PROVIDE
The Member will provide information regarding Member's organization and applications for use on the NTN webslte, Including
organization logos, The Member will also provide links on Member's websites to direct candidates to the NTN website for test
sign-up. The Member will also engage in reasonable recruitment and advertising measures to bring candidates both to the NTN
website and Member's website for pre -employment purposes.
MARKETING MATERIALS
The Member grants NTN permission to use Its name, logo and other identifying information for the purposes of marketing NTN
services. This permission may be revoked by Member at any lime.
National Testing Network sincerely appreciates the opportunity to earn your business and help support an efficient, cost
effectjapp,ant ent and screening process.
City of Santa Ana - Police De,artment
Agency Name
Lourdes Ferrer v 60 Civic Center Plaza
Primary Contact Name (Pleose print) Physical Address
Senior Human Resources Analyst Santa Ana
Title City
1/2/2020 CA_
Date State
lferrer@santa—ana.org 92701
Email Zip Code
714-245-8670
Phone
Billing Contact
Please list who should receive the invoices from NTN.
Lourdes Ferrer_ _ lferrer@santa—ana.
Billing Contact Name (Please print) Email
Senior Human Resources Analyst 714-245-8670
-Fit-le— Phone
Other Authorized Contacts
Please list anyone who is authorized to receive materials, scores or discuss scores with NTN.
Natalie Blackketter
Authorized Contact Name (Please print)
Human Resources Specialist
e
Titl
Matthew Wharton
Authorized Contact Name (Please print)
Po ice_S r - i1t.
Title
zrn 1641"St.5W, Suite Soo, Lynnwood, WA 98087, Ph. 425-741.0103 Fax425.74L3355 ®o. _>
www.natlonaltestingnetwork,mm
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nblackketter@eanta-ana.org
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714-245-8026
Phone
mwharton@santa-ana.org
Email
714-245-8501
Phone
a�az t6q 5t.5W, 5utte Soo Lynnwood, WA 98087, ph. 4Z5.741.003 Fax 4a5.74td355
www.natlonalte tingnetwotkxam e
CERTIFICATE OF LIABILITY INSURANCE
OATE(MMmDYYYY)
10/23/2019
THIS CERTIFICATE IS ISSUED A5 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 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).
Pg000CEq
N Ginger Ploli
Degginger McIntosh and Associates
PHONE (425)740-5200 FAXIgasl]go-seal
3977 Harbour Pointe Blvd SW
lop q._ N0:
AllAR:
ADDRESS: ginger@DMAireurance.com
INSURERS AFFORDING COVERAGE
NAIC q
Mukilteo WA 98275
INSURER A: Ri8C__ Inc.
19704
INSURED
INSURER a: American Fire and Casualty Co.
asuCom
Ergometrics 6 Applied Personnel Research, Inc.
INSURER c: American Insurance an
National Testing Network, Inc.
INSURER O:
2122 169th St. SW, Suite 300
INSURER E:
Lynnwood WA 98097
INSURERF:
CR
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
ILTR
TYPE OF INSURANCE
AO
9U.11 BR
POLICYNUMSER
POLICY EFF
MM YEXP
LIMITS
A
GENERAL
LIABILITY
4PL1D9g042.19
0127/2019
10/27/2020
EACH GOCCURRENCE
S 1,000,000
MERCIAL GENERAL LIABILITY
MATO EDence
PREMISES feeo
S 50,000
MED UP (An one person)
S 5,000
CLAIMS -MADE 51 OCCUR
TXDEDUCT19U:
X
PERSONAL A AW INJURY
S 1,0001000
$2,500
GENERALAGGREGATE
S 2,000,000
GENL AGGREGATE LIMT APPLIES PER:
PRODUCTS - COMPIOPAGG
S 2,000,000
X PCLJCYF-1 PRO- La
3
B
AUTOMOBILE
LIABILITY
8229925
O/27/2019
10/27/2020
COMa1NEOSINGLELIMIT
Ea acci n
11000,000
X
GODLY INJURY (Per peon)
rs
S
AAUTO
AU OWNED SCHEDULED
BODILY INJURY (Per accitlen0
S
AUTOS AUTOS
HIREOAUTOS X AUTOS NON-OWNEDF
AUTOS
X
PROPERTY DAMAGE
S
p co
S
C
X
UMBRELLA LIAR
X
OCCUR
0/27/2019
10/27/2020
EACH OCCURRENCE
S 2,000, 000
E%CE9S LIAR
",,:MADE
[OBH8345119
AGGREGATE
S 2,000, 000
pEp 'e RETENTIONS 30, 00
S
A
}Dt%EkkUtKMPL LIXN9AilOW ABILITY
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0/2]/2020
WL STATU- X OTH-
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E.L.OISEASE-EAEMPLOYEE
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E.L.OISEASE-POUCYLIMIT
$ 1 000,000
OESCRIPTION OF OPERATIONS below
A
PROFESSIONAL LIABILITY
sPIL1004042.19
O/27/2019
1D/27/2020
EACH OCCURRENCE $2,000,000
DEDUCTIBLE: $5,000
TRD DATE 06-23-1998
AGGREGATE $3,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES IAft ch ACORD 101, Additional Remarks Schedule, it more space is required)
City of Santa Ana its officers, employees, agents and representatives are included as Additional Insured
per attached farm WCLP0002CW(1014) with respect to operations of the Nerved Insured. Coverage is
Primary/Non-Contributory per same form. Notice of Cancellation, Non -Renewal and Material Change on
General Liability and Professional Liability applies per attached Endorsement WCLE6047CW(OS/13). All
endorsements apply per required Written Contract, RE: NTN Testing Services
rcorrnrn're unr n _.
LFerrea( - W.&4PPR----....-._
BY ISk MAN AC EMENT DIVIS
1
OHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Santa Ana �}
Risk Management Division v 1 3 2019
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
20 Civic Center Plaza
4th Floor
Santa Ana, CA 92702 SAM THA M. LAMBE
T
Ken McIntosh/OGDON
ACORD OR/2010105
••--••-----•-•--r R2 T988-2uTu ACURU CORPORATION. All rights reserved.
INS0251201minU1 The ACORD name and logo are registered marks of ACORD
HISC®X PRO 20 Madison Avenuse 32nd rloor, New York, NY 10022
(640) 452-2353
Endorsement 11
APPLICANT NAME: Ergometrics & Applied Personnel Research Inc
In consideration of the premium charged, and on the understanding this endoraoment leaves all other terms, conditions, and
exclusions unchanged, It is agreed the General Terms and Conditions are amended as follows:
The fallowing Is added to the and of Sectlon V. Other provisions affecting coverage, subsection C. Cancellation:
7. FJMbb event of a material change In coverage under this policy, or In the event this policy Is cancelled for any reason other than
the non-payment of premium or at the request of the named Insured, or non -renewed, Underwrthers will endeavor to mall
written notice of cancellation, within 45 days to the Certificate Holder listed below:
City of Santa Ana
20 Civic Center Plaza (M•30)
PO Box 1088
Santa Ana, CA 02702-1988
The failure to notify the parties listed above will not negate or otherwise delay the effectiveness of any change in coverage
or the cancellation or non -renewal of this policy.
WCL E6047 CW (05113) I Page t era
Aet
H ISCOX PROM General Liability Coverage Part (Occurrence)
I. What is covered
A. Bodily Injury and property
We will pay up to the coverage part limit for damages you become legally obligated to pay
damage
because of bodily Injury or property damage to which this Coverage Part applies, provided:
1. the bodily injury or property damage occurs during the policy period;
2. the bodily Injury or property damage Is caused by an occurrence that takes place In the
coverage territory; and
3, you have paid the applicable retention stated in the Declarations.
We will have the right and duty to defend any claim seeking such damages, as set out In Section
If. Defense and supplementary payments. We may, at our discretion, Investigate any occurrence
and settle any claim that may result.
B. Personal and advertising
We will pay up to the Personal and Advertising Injury Limit stated in the Declarations for damages
Injury
you become legally obligated to pay because of personal and advertising injury to which this
Coverage Part applies, provided:
1, the personal and advertising injury Is caused by an offense arising out of your business
operations;
2, the personal and advertising Injury Is caused by an offense committed In the coverage
territory during the policy period; and
3. you have paid the applicable retention stated In the Declarations.
We will have the right and duly to defend any claim seeking such damages, as set out in Section
II. Defense and supplementary payments, We may, at our discretion, Investigate any offense and
settle any claim that may result.
C. Medical payments
Regardless of fault, we will pay up to the Medical Payments limit stated in the Declarations for
medical expenses Incurred by each person for bodily injury caused by an accident to which
this Coverage Part applies, provided;
1. the accident takes place within the coverage territory and on premises rented to or owned
by you or In connection with your business operations;
2. the accident occurs during the policy period;
3. the expenses are Incurred and reported to us within one year of the date of the accident;
and
4. the person who sustained such bodily injury submits to examination, at our expense, by
physicians of our choice as often as we reasonably require.
II. Defense and
supplementary
payments
A. Claims against you With respect to any claim against you that we Investigate, defend, or settle, we will pay:
1. claim expenses we incur with counsel of our choice to defend you;
2. up to $2,500 for the cost of ball bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the bodily injury coverage described In
Section I. What is covered, A. Bodily Injury and property damage, applies, but we will have
no obligation to apply for or furnish any such bonds;
3. the cast of bonds to release attachments, but only for bond amounts within the applicable
limit. We will have no obligation to apply for or furnish any such bonds;
4. reasonable expenses Incurred by you at our request to assist us In the investigation or
defense of such claim, Including actual loss of earnings up to $1.000 a day because of time
off from work;
Includes copyrighted material of Insurance
Services Offices, Inc., with Its permission
WCL P0002 OW (i eflh) Page 7 of 19
140
H ISCOX PRCfGeneral Liability Coverage Part (Occurrence)
B. court costs taxed against you In the claim; however, costs do not Include attorney fees or
expenses;
6. prejudgment Interest awarded against you on that part of anyjudgment we pay. If we make
an offer to pay the applicable limit, we will not pay any prejudgment Interest based on the
period of time after the offer; and
7. interest on the full amount of anyjudgment that accrues after entry of the judgment and
before we have paid, offered to pay, or deposited In court the part of the Judgment that Is
within the applicable limit.
B. Claims against your If we defend a claim against you, and your Indemnitee is also named as a party to the claim, we
Indemnitee will also defend such Indemnitee If all of the following conditions are met:
1. the claim against the Indemnitee seeks damages for which you have assumed the
Indemnitee's liability In an Insured contract;
2, you have assumed the obligation to defend or pay for the defense of the Indemnitee In the
same insured contract;
3. this Coverage Part would apply to the liability you have assumed if the claim against the
Indemnitee had been made against you;
4. the allegations In the claim and the information we know about the occurrence are such
that no conflict of Interest appears to exist between your Interests and your indemnitee's
Interests;
6. you and your indemnitee request that we conduct and control the defense of such
indemnitee and agree we can assign the same counsel to defend both you and your
Indemnitee; and
6, your Idemnitee agrees In writing to:
follow the requirements of Section III. Your obligations to us, B. Your duly to
cooperate, of the General Terms and Conditions;
notify any other Insurer whose coverage may be avallable to the Indemnitee and
cooperate with us with respect to coordinating any other Insurance applicable to the
Indemnitee; and
0. authorize us to conduct and control the defense of the Indemnitee.
Our obligation to make any payments under this Section II ends when we have used up the coverage part limit.
No retention will apply to amounts we pay under this Section 11, and such payments will be In addition to, and not part of, the
coverage part limit.
III. Who is an
In addition to the named insured, other persons or organizations may qualify as insureds, as
stated below. For purposes of this Section III
insured
only, you means the named insured.
A. Sole proprietorships
If you are an Indfvidual, you and your spouse are Insureds, but only with respect to the conduct
of a business of which you are the sole owner, However, If you die:
1. persons or organizations having proper temporary custody of your property are Insureds,
but only with respect to the maintenance or use of such property and only for
acts until your
legal representative has been appolntodi and
2. your legal representative Is an insured, but only with respect to his or her duties as your
legal representatives. As such, they will assume your legal rights and duties under this
Coverage part.
B. Partnerships orjolnt
If you are a duly organized partnership (Including a limited liability partnership) or a Joint venture,
ventures
your members, partners, and their spouses are insureds, but only with respect to the conduct of
your business.
In I des copyrighted material of Insurance
WCL P0002 CW (Jo/1A)
a Ices Offices, Inc., with Its permissfon
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HISCOX PRJM General Liability Coverage Part (Occurrence)
C. Limited liability If you are a duly organized limited liability company, your members and their spouses are
companies insureds, but only with respect to the conduct of your business. Your managers are also
Insureds, butonly with respect to their duties as your managers.
D. Other organizations
If you are an organization (Including a professional corporation) other than a partnership, joint
venture, or limited liability company, your directors and officers are Insureds, but only with
respect to their duties as your directors or officers. Your stockholders and their spouses are also
Insureds, but only with respect to their liability as your stockholders.
E. Trusts
If you are a trust, your trustees are Insureds, but only with respect to their duties as your
trustees.
P. Employees
Your employees are Insureds, but only while In the course and scope of their employment by
you or while performing dutles related to the conduct of your business.
O. Volunteer workers
Your volunteer workers are Insureds, but only while in the course and scope of their activities
related to the conduct of your business performed on your behalf or at your direction.
H. Real estate managers
Persons (other than your employees) or organizations acting as your real estate managers are
Insureds, but only with respect to their duties as your real estate managers.
I. Amateur athletic
Any person representing you while participating In an amateur athletic activity you sponsor Is an
participants
Insured, However, no such person Is an Insured for;
1, bodily injury to:
a, a co -participant, your employee, or your volunteer worker while also participating In
the amateur athletic activity you sponsor; or
b, you or any of your partners, members, or officers; or
2. property damage to property owned, occupied, or used by; rented to; or In the care,
custody, or control of:
a. a co -participant in the amateur athletic activity you sponsor, your employee, or your
volunteer worker; or
b, you or any of your partners, members, or officers.
J. Newly acquired or formed If there is no other similar insurance available, any organization you acquire or farm during the
organizations
policy period, and In which you have majority ownership or Interest at the time of an occurrence
or offense covered by this Coverage Part, will qualify as an Insured. This coverage Is effective on
the data of acquisition or formation and Is afforded only until the 180th day after you acquire or
form the organization, or the end of the policy period, whichever Is earlier.
There is no coverage for the acquired or formed organization for:
1. bodily Injury or property damage that occurred; or
2. personal or advertising injury arising out of an offense that was committed,
before you acquired or formed the organization.
The acquired or formed organization is an insured only with respect to the conduct of your
business.
K. Additional Insureds If you have agreed in a written contract or agreement to add them as an additional Insured to a
policy providing the typo of coverage afforded by this Coverage Part, the following persons or
organizations are Insureds:
1. Any person or organization from whom you lease any premises, but only with respect to
liability arising out of the ownership, maintenance, or use of that part of the premises leased
to you.
However, there Is no coverage for such additional Insureds for any structural alterations,
new construcllon, or demolition operations perlormed by or on behalf of the additlonal
Insured,
Includ s opyrlghled material of Insurance
Sorvl o Offices, Inc., with Its permission
WCL P00c2 OW (1011h) � Pupa 3 of 19
1411
Ao
H 15COX
PR(Yw General Liability Coverage Part (Occurrence)
A person or organization's status as an additional Insured under this subsection lends
when you cease to be a tenant In the premises.
2. Any person or organization for whom you are performing operations, but only wlth respect to
liability arising out of:
a. your acts or omissions or of those acting on your behalf; and
b. the performance of your ongoing operations for the additional Insured.
However, there is no coverage for such additional Insureds for:
a. bodily Injury, property damage, or personal and advertising Injury arising out of
the rendering of or fallure to render any professional architectural, engineering, or
surveying services, Including:
(1) the preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders, drawings, or
spedflcations; or
(2) supervisory, Inspection, architectural, or engineering activities; or
b. bodilyinjury orproperty damage occurring after:
(1) all work, including materials, parts, or equipment furnished In connection with
such work, on the project (ether than service, maintenance, or repairs) to be
performed by or on behalf of the additional Insured at the location of the covered
operations has boon completed; or
(2) that portion of your work out of which the Injury or damage arises has been put
to Its Intended use by any person or organization other than another contractor or
subcontractor engaged in performing operations fora principal as a part of the
same project.
A person or organizatien's status as an additional Insured under this subsection 2 ends
when your operations for that additional Insured are completed,
3. Any person or organlzatlon who sells or distributes your products (referred to In this
subsection as "vender"), but only with respect to bodily injury or property damage arising
out of your products sold or distributed In the regular course of such vendor's business.
However, there Is no coverage for such additional Insureds for:
a. bodily Injury or property damage for which the vendor Is legally obligated to pay
damages because of liability assumed in a contract or agreement; however, this
exclusion will not apply to liability the vendor would have In the absence of such
contract or agreement;
b. any express Warranty unauthorized by you;
C. any physical or chemical change In Pre product made intentionally by the vendor;
d. repackaging, except when unpacked solely for the purpose of Inspection,
demonstration, testing, or the substitution of parts under Instructions from the
manufacturer, and than repackaged in the original container;
e. any failure to make Inspections, adjustments, tests, or servicing the vendor has either
agreed to make or normally undertakes to make in the usual course of business, In
connection with the distribution or sale of the product;
f. demonstration, Installation, servicing, or repair operations, except such operations
performed at the vendor's premises in connection with the sale of the product,
g. products which, after distribution or sale by you, have been labeled or relabeled or
used as a container, part, or Ingrediont of any other Thing by or for the vendor;
h. bodily injury or property damage arising out of the sole negligence of the vendor for
Its awn acts or omissions or those of Its employees or anyone else acting on Its behalf;
however, this exclusion will not apply to:
In I des copyrighted material of Insurance
S r Ic s Offices, Inc„ with Its permisslan
WCL P0002 OW (10114) �1v'//JJJ
Page 4 of 1s
PROW General Liability Coverage Part (Occurrence)
(1) repackaging when unpacked solely for the purpose of Inspection, demonstration,
testing, or the substitution of parts under Instructions from the manufacturer, and
then repackaged In the original container;
(2) demonstration, Installation, servicing, or repair operations performed at the
vendor's premises In connection with the sale of the product; or
(3) Inspections, adjustments, tests, or servicing the vendor has either agreed to
make or normally undertakes to make in the usual course of business, In
connection with the distribution or sale of the product.
This Insurance does not apply to any person or organization from whom you have acquired:
a. products;
b any Ingredient or partof any product; or
C. any container containing any products.
4. Any person or organization from whom you lease any equipment, but only with respect to
liability arising outof your maintenance, operation, or use of such equipment.
A person or organization's status as an additional insured under this subsection 4 ends
when the equipment lease expires, and this Insurance will not apply to any occurrence or
offense which takes place after such expiration.
5. Any other person or organization not Included in 1 through 4 above, provided the contract or
agreement:
a, is currently in effect or becomes effective during the policy period; and
b. was executed before the bodily injury or property damage occurred or the offense
out of which the personal and advertising injury arises was committed.
Coverage Is available for additional Insureds solely for their liability arising out of your negllgence
or of those acting on your behalf and not for any liability arising out of the sole negllgence of the
additional insured.
Notwithstanding anything to the contrary In the other Insurance provisions in the General Terms
and Conditions or in this Coverage Part, the coverage available under this Coverage Part to any
additional Insured will be primary and non-contributory, and any other insurance available to the
additional Insured for the same claim or occurrence will be specifically excess of the coverage
part limit.
Notwithstanding anything to the contrary In the subrogatlon provision In the General Terms and
Conditions, we agree to waive any right of recovery we may have against any addltonal Insured
because of payments we make for Injuryor damage arlsing out of
the ownership, maintenance, or use of that part of any premises leased to you;
your ongoing operations; or
3. your work done under a contmot with the additional Insured and Included In the products-
completed operations hazard.
The limits of Ilablllly applicable to any additional Insured are either the amounts specifled in the
contract or agreement requiring them to be added as an additional Insured, or the limits Identified
In the Declarations, whichever Is less, and such amounts will be a part of, and not In addition to,
the coverage part limit,
IV. Limits of liability The limits stated In the Declarations and the rules below vdll be the most we will pay regardless of
the number of:
1. Insureds;
2. claims made or brought; or
3. persons ov organizatlons making or bringing claims.
177
fInsurance
permlodon
WCLP0002CW(10/14)P29e 5af18
40eir
- ISCOX PRU General Liability Coverage Part (Occurrence)
A. Per location limit The Per Location Limit Identified In the Declarations Is the most we will pay for all damages
because of bodily Injury and property damage occurring at each separate location where you
Perform business operations arising out of any one occurrence. This limit will apply only If an
endorsement listing your separate locations Is added to this Coverage Part.
B. Products -completed The Products -Completed Operations Limit Identified in the Declarations Is the most we will pay for
operations limit all damages because of bodily Injuryand propertydamage Included In the products•
completed operations hazard arising out of any one occurrence,
C. Personal and advertising The Personal and Advertising Injury Limit Identfed In the Declarations Is the most we will pay for
Injury limit all damages because of personal and advertising Injury arising out of any one claim.
D. Damage to premises limit The Damage to Premises limit identified In the Declarations Is the most we will pay for all
damages because of property damage to any one premises while rented to you or temporarily
occupied by you with permission of the owner.
E. Elevator liability subllmit An Elevator Liability Sublimit of $25,000 is the most we will pay for all damages because of
property damage resulting from the use of an elevator at premises you own, rent, or occupy and
arising out of any one occurrence.
F. Medical payments limit The Medical Payments limit Identified In the Declarations Is he mostwe will pay for the sum of
medical expenses for bodily Injury sustained by any one person covered under Section I. What
Is covered, C. Medical payments.
No retention will apply to amounts we pay under Section I. What Is covered, C. Medical payments, and such amounts Will be
In addition to, and not part of, the coverage part limit.
All other limits described In Ihls Section IV will be In excess of the retention and will be a part of, and not In addition to, the
coverage part limit.
V. Other provisions
affecting
coverage
A. Notifying us of claims, 1. You must given written notice to us of any claim made or brought against you as soon as
occurrences, or offenses possible, including the specifics of the claim and the date received.
You must give written notion to us of any occurrence or offense which may result In a
claim as soon as possible. To the greatest extent possible, the notice must Include:
a. how, when, and where the occurrence or offense took place;
b. the names and addresses of any Injured persons and witnesses; and
c. the nature and location of any Injury or damage arising out of the occurrence or
offense.
All such notifications must be In Writing and Include a copy of any claim, and must be submitted to
us via the designated email address or malling address Identified in Item 6 of the Declarations.
B. Retention Our obligation to pay any damages under this Coverage Part Is In excess of the retention, which
you must pay in connection with each covered occurrence or offense. The retention does not
apply to claim expenses or any other payments we make wider Section 11. Defense and
supplementary payments.
C. Legal action against us No person or organization has a right under his Coverage Part:
1. to join us as a party or otherwise bring us Into a claim seeking damages from you; or
2. to sue us on this Coverage Part unless all of Its terms and conditions have been fully
compiled with.
Ind as co yi hied material of Insurance
WCL Patloz CW (10114) Set cos O le S, Inc., with Its pormisslan
Page 0 of 19
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HISCOX MY
General Liability Coverage Part (Occurrence)
A person or organization may sue us to recover on an agreed settlement or final judgment against
you, but we will not be Ilable for damages that are not covered under this Coverage pad or that
are In excess of the applicable limits, An agreed settlement means a settlement and release of
Ilability signed by us, you, and the claimant or claimants legal representative.
D. Other insurance
For purposes of this Coverage Part, the Other Insurance provision In Sectlon V. Other provisions
affecting coverage, of the General Terms and Conditions Is replaced by the following:
If other valid and collectible Insurance Is available to you for a claim we would otherwise cover
under this Coverage Part, our obligations are limited as follows;
1. Primary Insurance - This Coverage Part Is primary except when the Excess Insurance
provision below applies. If this Coverage Part is primary, our obligations are not affected
unless any of the other Insurance Is also primary. Than, we will share with any other
Insurance by the method described In the Method of sharing provision below.
2. Excess Insurance -This Coverage Part Is excess over any other Insurance, whether
primary, excess, contingent, or on any other basis:
a. that provides fire, extended coverage, builder's risk, Installation risk, or similar
coverage for your work;
b. that applies to property damage to premises rented to you or temporarily occupied by
you with permisslon of the owner;
c, if the loss arises out of aircraft, autos, or watercraft (to the extent not subject to
Exclusion A. 1. Aircraft, autos, or watercraft);
d. that Is Insurance available to you because you have been added as an additional
Insured.
When this Coverage Part Is excess, we have no duty to defend you against any claim if any
other insurer has a duty to defend you against such claim. If no other Insurer defends, we
Wil undertake to do so, but we will be entitled to your rights against those other Insurers.
When this Coverage Part Is excess over other Insurance, we will pay only our sham of the
amount of loss, If any, that exceeds the sum of:
a. the total amount that all other Insurance would pay for loss in the absence of this
Coverage Part; and
b. the total of all deductible and self -Insured amounts under all other insurance and this
Coverage Part.
We will share the remaining loss, if any, with any other Insurance that Is not described in this
Excess insurance provision and was not purchased or agreed specifically to apply In excess
of this Coverage Part.
3. Method of sharinc
If all of the other Insurance permits contribution by equal shares, we will contribute by equal
shares. Under this method, each Insurer contributes equal amounts until It has paid Its
applicable limits or none of the loss remains, whichever occurs first.
If any other Insurance does not permit contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is based on the ratio of Its applicable limits to
the total applicable limits of all Insurers.
E. Separation of Insureds Except with respect to the limits and any rights or duties specifically assigned to the named
Insured, this Coverage Part applies separately to each Insured against whom a claim Is made or
brought.
VI. Exclusions —
What Is not
covered
Inoludes opydgh material Ci insurance
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HISCOX Cl,' General Liability Coverage Part (Occurrence)
A. Bodily Injury and
property damage We will have no obligation to pay any sums under this Coverage Part, Including any damages or
exclusions claim expenses, for any claim for:
Aircraft, autos, or 1, bodily injury or property damage arising Quiet the ownership, maintenance, use, or
watercraft entrustment to others of any alrcraft, auto, or watercraft owned or operated by or rented or
loaned to you, Use Includes operation and loading and unloading.
This exclusion will apply even If the claim against you alleges negligence or other
wrongdoing In the supervlston, hiring, employment, training, or monitoring of others by you,
If the occurrence causing the bodily Injury or property damage Involved the ownership,
maintenance, use, or entrustment to others of any aircraft, auto, or watercraft owned or
operated by or rented or loaned to you.
However, this exclusion will not apply to:
a, watercraft while ashore on premises owned by or rented to you;
b, watercraft you do not own, provided it is:
(1) less than 75 feet long; and
(2) not being used to transport persons or property for a charge;
c. the parking of an auto on, or on the ways next to, premises owned by or rented to
you, provided the auto Is not owned by or rented or loaned to you;
d, liability assumed In an Insured contract for the ownership, maintenance, or use of an
aircraft or watercraft by others;
e. bodily Injury or property damage arising out of.
(1) the operation of machinery or equipment that Is attached to, or part of, a land
vehicle that would qualify under the definition of mobile equipment If It were not
subject to a compulsory financial responsibility law or other motor vehicle
Insurance law in the state where It Is licensed or principally garaged; or
(2) operation of the equipment described In 6.b or 6,c of the definition of mobile
equipment; or
f, aircraft you do not own. However, this Coverage Partwill be excess over any other
Insurance [hat applies to such aircraft, whether primary, excess, contingent, or on any
other basis, and the rules stated In Sectlon V. Othor provisions affecting coverage, D.
Other insurance, 2. Excess Insumncg will apply.
Damage to Impaired 2, property damage to Impaired property or property that has not been physically injured
property or property not arising out of:
physically injured a. a defect, deficiency, Inadequacy, or dangerous condition In your product or your
work; or
b, a delay orfailure by you or anyone acting on your behalf to perform a contract or
agreement In accordance with Its terms and conditions.
However, this exclusion will not apply to the loss of use of other property arising out of
sudden and accidental physical Injury to your product or your work after It has been put to
Its Intended use,
Damage to property 3. property damage to:
a. property you own, rent, or occupy, including any costs or expenses Incurred by you or
any other person or organization for repair, replacement, enhancement, restoration, or
maintenance of such property for any reason, Including prevention of Injury to a person
or damage to another's property;
b, premises you sell, give away, or abandon, If the property damage arises out of any
part of those promises;
C. property loaned to you;
d. personal property In your care, custody, ca control;
Includes copyd ed maleaal of Inaumnco
SeMceOflice ,Inc., with Its permission
WCI. P0002 CW (t 0/14) Page 0 of 19
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HISCOX PRU General Liability Coverage Part (Occurrence)
e. that particular part of real property on which you or any contractors or subcontractors
working directly or indirectly on your behalf are performing operations, If the property
damage arises out of those operations; or
f. that particular part of any properly that must be restored, repaired, or replaced
because your work was Incorrectly performed on It.
Subsections a, c, and d of this exclusion will not apply to property damage (other than
damage by fire) to premises (Including the contents of the premises) rented to you for seven
or fewer consecutive days. However, any payments we make for property damage to such
property will be subject to the Damage to Promises Limit.
Subsection b of this exclusion will not apply If the premises are your work and were never
occupied, rented, or held for rental by you.
Subsections c, d, e, and f of this exclusion will not apply to liability assumed under a
sidetrack agreement
Subsection f of this excluslon will not apply to property damage Included In the products.
completed operations hazard.
Subsections c, d, and f of this exclusion will not apply to property damage arising out of the
use of an elevator at premises you own, rent, or occupy, However, any payments we make
for such property damage will be subject to the Elevator Liability Subllmlt.
Subsection d of this exclusion will not apply to property damage to equipment you borrow
while at a job site, but only If It Is not being used by anyone to perform operations at the tine
of such property damage.
Damage to your product 4.
property damage to your product arising out of it or any part of it; however, this exclusion
will not apply to property damage araing out of the use of an elevator at premises you
own, rent, or occupy, but any payments we make for such property damage will be subject
to the Elevator Liability Sublimlt.
Damage W your work G.
property damage to your work arising out of It or any part of It and Included in the
products -completed operations hazard, however, this exclusion will not apply If the
damaged work or the work out or which the damage arises was performed on your behalf
by a subcontractor.
Expected or Intended 6,
bodily injury or property damage expected or intended from the standpoint of any
Injury
insured; however, this exclusion wfil not apply to bodily injury or property damage
resulting from the use of reasonable force to protect persons or property.
Injury to employee 7.
a. bodily Injury to your employee arising out of and in the course and scope of
employment by you or white performing duties related to the conduct of your
business; or
b. bodily Injury to the spouse, child, parent brother, or sister of such employee as a
consequence of any bodily injury described In paragraph 7.a above.
This exclusion will apply:
a, whether you may be liable as an employer or In any other capacity, and
b. to any obligation to share damages with or repay someone else who must pay
damages because of any Injury described In paragraphs 7.a and 7b above.
However, this exclusion will not apply to:
a. liability for damages you assume in an insured contract, or
b. bodily injury arising outof and In the course and scope of domestic employment by
you, unless benefits for such Injury are In whole or In part either payable or required to
be provided under any workers' compensation low.
Liquor liability 6.
bodily injury or property damage for which you may be held liable by reason of:
a. causing or contributing to the Intoxication of any person;
Include copy g ted material of Insurance
Sorvic sep" ea no., with Its permisslon
WCL P9g02 OW (1g17d) Page floH9
1 dddYYY 1 P
Aee
H ISCOX
PrM General Liability Coverage Part (Occurrence)
b, furnishing alcoholic beverages to a person under the legal drinking age or under the
Influence of alcohol; or
b, any statute, ordinance, or regulation relaling to the sale, gifting, distribution, or use of
alcoholic beverages.
However, this exclusion will apply only if you are In the business of manufacturing,
distributing, selling, serving, or furnishing alcoholic beverages.
Mobile equipment 9, bodily injury or property damage arising out of:
a. the transportation of mobile equipment by an auto owned or operated by or loaned or
rented to you; or
b. the use of mobile equipment In, while in practice for, or while being prepared for, any
prearranged racing, speed, demolition, or stunting activity.
Prior knowledge 10. bodily Injury or property damage which:
a. you;
b. any Insured listed In A through E of Section III. Who Is an Insured; or
c. any employee authorized by you to give or receive notice of an occurrence or claim,
knew had occurred prior to the policy period.
Any continuation, change, or resumption of any such bodily injury or property damage
during or after Via policy period will be deemed to have been known prior to Ills policy
period.
Bodily injury or property damage will be deemed to be known If you, any Insured listed In
A through E of Section III. Who Is an Insured, or any employee authorized by you to give or
receive notice of on occurrence or claim:
a. reports all or any part of the bodily injury or property damage to us or any other
Insurer;
b. receives a claim because of the bodily injury or property damage; or
c becomes aware by any other means that the bodily Injury or property damage has
occurred or has begun to occur.
Exclusions 1, 2, 3, 4, 5, S, and 9 of tills Section A do not apply to damage by fire to premises white rented to you or
temporarily occupied by you with the owner's permission. However, any payments we make for property damage to such
premises will be subject to the Damage to Premises Limit
B. Personal and
advertising injury
exclusions
We will have no obligation to pay any sums under this Coverage Part, including any damages or
claim expenses, for any claim for personal and advertising injury:
Breach of contract
1, based upon or arising out of any breach of contract, except an implied contract to use
another's advertising Idea In your advertisement.
Failure to conform to
2. based upon or arising out of the failure of goods, products, or services to conform with any
statements
statement of quality or performance made In your advertisement.
Insureds in media and
3, committed by any Insured whose business is:
Internet type businesses
a. advertising, broadcasting, publishing, or telecasting;
b. designing or determining content of webaltes for others; or
G. an Internet search, access, content, or service provider.
However, this exclusion will not apply to personal and advertising Injury caused by:
a. false arrest, detention, or Imprisonment;
b. malicious prosecullal; or
WCL P0002 CW (10/14)
aloflnsurance
Its permission
, (�I
page 10 or 10
40
H ISCOX PRU
General Liability Coverage Part (Occurrence)
c. the wrongful eviction from, wrongful entry Into, or invasion of the right of private
occupancy of a room, dwelling, or premises that a person occupies, committed by or
on behalf of Its owner, landlord, or lessor,
For purposes of this exclusion, the placing of frames, borders or links, or advertising, for you
or others anywhere on the Internet Is not, by Itself, considered the business of advertising,
broadcasting, publishing, or telecasting.
Knowing violation of 4, caused by you or at your direction with knowledge the act would violate the rights of
rights of another another and would Inflict personal and advertising injury.
Material published prior
to policy
G. based upon orarlsing out of oral or written publication of material Whose first publication
took
period
place prior to the policy period.
Material published with
knowledge of falsity
8, based upon or arising out of oral or written publication of material by you or at your direction
with knowledge of Its falsity.
Unauthorized use of
another's
7. based upon orarising out of any actual or alleged unauthorized use of another's name or
name or
product in your small address, domain name, metatag, or any similar tactics to mislead
product
anther's potential customers.
Wrong description of
8. based upon or arising out of any actual or alleged wrong description of the price of goods,
prices
products, or services stated In your advertisement.
C. Medical payments We will have no obligation to pay any sums under Section I. What Is covered, C. Medical
exclusions payments for medical expenses for bodily Injury:
Athletic activities
1. to any person Injured while practicing, Instructing, or participating In any physical exerclsos
or games, sports, or athletic contests; however, this exclusion Will not apply to a person who
is not an insured Injured while particlpating In an amateur athletic activity you sponsor.
Injury on normally
occupied promises
2. to any person Injured an that part of any premises you own or rent that the person normally
occupies.
Injury to you
3. to you or any person hired to work for or on behalf of you or your tenant; however, this
exclusion will not apply to a volunteer worker.
Products -completed
4. Included in the products completed operations hazard,
operations hazard
Workers' compensation
or similar laws
5. to any person, whether or not your employee, If benefits for such bodily injury are payable
or must be provided under any workers' compensation, disability benefits, or any similar law.
D. Exclusions applicable
to the entire general
We will have no obligation to pay any sums under this Coverage Part for medical expenses, or
for any claim, Including any damages or claim expenses, for bodfly injury, damage,
liability coverage part
property
or personal and advertising Injury:
Asbestos
1, based upon or adsing out of the actual or alleged mining, processing, manufacturing, use,
testing, ownership, sale, or removal of asbestos, asbestos fibers, or material containing
asbestos; exposure to asbestos, asbestos fibers, or Materials containing asbestos; or the
provision of Instructions, recommendations, notices, warnings, supervision, or advice given,
or which should have been given, In connections with asbestos, asbestos fibers, or
structures or materials containing asbestos.
Biological agents
2. based upon or arising out of
a. the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous
properties of biological agents; or
b. any:
WCL P0002 CW (10/14)
Includes i
Services
of Insurance
s pennl slon
page 11 of 19
40
H ISCOX PRCY" General Liability Coverage Part (Occurrence)
(1) request, demand, or order that you or others test for, monitor, cleanup, remove,
contain, treat, detoxify, or neutralize, or In any way respond to or assess the
effect of any biological agents; or
(2) claim or other proceeding by or on behalf of a governmental authority or others
for the testing for, monitoring, cleaning up, removing, containing, treating,
detoxifying, or neutralizing, or In any way responding to or assessing the effects
of any biological agents,
Communicable disease 8. based upon or arising out of the actual or alleged transmission of a communicable disease
This exclusion will apply even If the claim against you alleges negligence or other
wrongdoing In the:
a. supervising, hiring, employing, training, or monitoring of others that may be Infected
with and spread a communicable disease;
b. testing for a communicable disease;
C. failure to preventthe spread of the disease; or
d. failure to report the disease to authorities.
Contractual liability
4. for which you are legally obligated to pay as damages because of liability assumed In a
contract or agreement. However, this exclusion will not apply to liability for damages;
a. you would have In the absence of such contract or agreement; or
b. assumed In an insured contract, provided the bodily injury, property damage, or
personal and advertising Injury occurs after such contract or agreement has been
fully executed.
Crime or fraud
6. based upon or arising out of any actual or alleged criminal or fraudulent conduct committed
by you, at your dlrmflon, or with your consent or knowledge.
Electronic chatmoms,
6. based upon or arising out of an electronic chatroom, bulletin board, or website you host,
bulletin boards, or
own, or over which you exercise control.
websltes
Electronic data
7. based upon or arising out of the loss of, loss of use of, damage to, corruption of, Inability to
amass, or Inability to manipulate electronic data.
Employment related
8. based upon or arising out of any actual or alleged:
liability
a. obligation under any workers' compeneatlon, unemployment compensation,
employers' liability, fair labor standards, labor relations, wage and hour, or disability
benefit law, Including any simllar provisions of any federal, state, or local statutory or
common law;
b. Ilabllity or breach of any duty or obligaton owed by you as an ompioyer or prospective
employer; or
C. harassment, wrongful termination, retaliation, or discrimination, including but not
limited to adverse or disparate Impact,
Including any resulting damages sustained at any time by the brother, child, parent, sister,
or spouse of such person as a consequence of the above.
This exclusion will apply:
a. whether you may be liable as an employer or In any other capacity; and
b. to any obligation to share damages with or repay someone else who must pay
damages because of any of the above.
Fair credit
9. based upon or arising out of any actual or alleged violation of file Fair Credit Reporting Act
and/or Fair and Accurate Credit Transactions Act, both as may be amended, or any similar
federal, state, or local statutes, rules, or regulations In or outsido the U.S.
Includes copyrights mat n I of Insurance
Servlcss Offices, I ., witill lie permiselon
WCL P0002 CW (10114) .1y Page 12 of 19
400
HISCOX PRO- General Liability Coverage Part (Occurrence)
Intellectual property 10. based upon or arising out of any actual oral I aged Infringement, use, or disclosure of any
Intellectual property, Including but not limited to copyright, trademark, trade dress, patent,
service mark, service name, Lille, or slogan, or any publicly rights vlolatlons, cyber squatting
violations, moral rights violations, any act of passing -off, or any misappropriation of trade
secret.
However, this exclusion will not apply to;
a. the use of another's advertising Idea In your advertisement; or
b. Infringement of copyright, trade dress, or slogan In your advertisement.
Lead 11. based upon or arlsing out of:
a, the actual, alleged, or threatened contaminative, pathogenic, toxic, or other hazardous
properties of lead;
In. any:
(1) request, demand, or order that you or others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or In any way respond to or assess the
effect of lead; or
(2) claim or other proceeding by or on behalf of a governmental authority or others
for the testing for, monitoring, cleaning up, removing, containing, treating,
detoxifying, or neutralizing, or in any way responding to or assessing the effects
of load.
Pollution 12. based upon or arlsing out of;
a, the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or
escape of pollutants:
(1) at or from any premises, site, or location which Is or was at any time owned or
occupied by or rented or loaned to you; however, this subsection will not apply
to:
(a) bodily injury if sustained within a building and caused by smoke,fumes,
vapor, or soot originating from equipment that Is used to heat, cool, or
dehumidify the building, or equipment that Is used to heat water for
personal use by the building's occupants;
(b) bodily injury or property damage for which you may be held liable, If you
are a contractor and the owner or lessee of such premises, alto, or location
has been added to your policy as an additional Insured with respect to
your ongoing operations performed for that additional insured at the
premises, site, or location, and such premises, alto, or location is not and
noverwas owned or occupled by or rented or loaned to any Insured other
than that additional Insured; or
(c) bodily Injury or property damage arising out of heat, smoke, or fumes
from a hostile fire;
(2) at orfrom any premises, site, or location which Is or was at any time used by you
or any other person or organization for the handling, storage, disposal,
processing, or treatment of waste;
(3) which are or were at anytime transported, handled, stored, disposed of,
processed, or treated as waste by or far you or for any person or organization for
whom you are legally liable;
(4) at or from any promises, site, or location on which you or any contractor or
subcontractor working directly or indirectly on your behalf is performing
operations, If the pollutants are brought onto the premises, alto, or location in
connection with such operations by you or your contractor or subcontractor.
However, this subsection Will not apply to:
(a) bodily Injury or properly damage adsing out of the escape of fuels,
lubricants, or other operating fluids necessary to perform the normal
Includes copyrightedIN
Services Olricus, Inc
W CL P0002 CW (1W14) Page 13 of 10
Ael,
HISCOX PR,rr General Liability Coverage Part (Occurrence)
electrical, hydraulic, or mechanical functions necessary for the operation of
mobile equipment or Its parts, if such fuels, lubricants, or other operating
fluids escape from a vehicle part designed to hold, store, or receive them.
This exception will not apply If the bodily Injury or property damage
arises out of the Intentional discharge, dispersal, or release of the fuels,
lubricants. or other operating fluids or If such fuels, lubricants, or operating
fluids are brought onto the promises, site, or location with the Intent that
they be discharged, dispersed, or released as part of the operatlons being
performed by you or your contractor or subcontractor;
(b) bodily Injury or property damage sustained within a building and caused
by the release of gases, fumes, or vapors from materials brought Into that
building in connection with operations being performed by you or your
contractor or subcontractor; or
(c) bodily injury or property damage arlsing out of heat, smoke, or fumes
from a hostile fire; or
(5) at or from any premises, site, or location on which you or any contractors or
subcontractors working directly or indirectly your behalf are performing
operations, if the operations are to test for, monitor, clean up, remove, contain,
treat, detoxify, or neutralize, or In any way respond to or assess the effects of
pollutants; or
b. any:
(1) request, demand, or order that you or others test for, monitor, clean up, remove,
contain, treat, detoxlfy, or neutralize, or In any way respond to or assess the
effect of pollutants; or
(2) claim or other proceeding by or on behalf of a governmental authority or others
for the testing for, monitoring, cleaning up, removing, containing, treating,
detoxifying, or neutralizing, or In any way responding to or assessing the effects
Of pollutants.
However, this subsection will not apply to liability for damages because of property
damage you would have in the absence of such request, demand, order, claim, or
other proceeding by Oren behalf of a governmental authority.
Privacy
13. based upon or arising out of any actual or alleged:
a. unauthorized acquisition, access, use, or disclosure of, improper collection or retention
of, or failure to protect any non-public personally Identlflable Information or confidentlal
corporate information that Is In your care, custody, or control: or
b, violation of any privacy law or consumer data protection law protecting against the use,
collection, or disclosure of any information about a person or any confidential
corporate information.
Professional services
14, based upon or arising out of your actual or alleged performance of or failure to perform
professional services.
Recall of products, work,
15, based upon or arising out of the loss of use, withdrawal, recall, Inspection, repair,
or Impaired property
replacement, adjustment, removal, or disposal of:
a, your product;
b, your work; or
o. impaired property;
If such product, work, or properly is withdrawn or recalled from the market or from use by -
any person or organization because of a known or suspected defect, deficiency,
Inadequacy, or dangerous condition in It.
Silica
16. based upon or arising out of any actual, alleged, or threatened exposure to, Inhalation of, or
contact with silicon dioxide, silica products, silica fibers, silica dust, any silica byproducts, or
silica, whether alone or In combination with any substance, product, or material.
Includos copyright d mate a of Insurance
Services Offices, c., with It permission
WCL P0002 CW (10f14) ��I I Page 14 of 19
140
HISC X PROO General Liability Coverage Part (Occurrence)
Unsolicited telemarketing 17. based upon or arlsing out of any actual or alleged violation of any federal, state, or local
statutes, ordinances, or regulations relating to unsolicited telemarketing, solicitations,
emails, faxes, text messages, or any other communications of any type or nature, including
but not limited to the Telephone Consumer Protection Act, CAN-SPAM Act, or any "anti-
spam" or 'do -not -call" statutes, ordinances, or regulations.
Exclusions 8, 12, and 15 of this Section D do not apply to damage by fire to premises while rented to you or temporarily
occupied by you with the owner's permission. However, any payments we make for property damage to such premises will
be subject to the Damage to Premises Limit.
Vil. Definitions
The following deflnitlons apply to this Coverage Part, Additional definitions are contained In the
General Terms and Conditions, Section VI. Definitions applicable to all Coverage Parts.
Accident
means a sudden and unintended event that causes bodily injury to a third parry. This definition
applies only to coverage provided under Section I. What Is covered, C. Medical payments.
Advertisement
means a notice about your goads, products, or services that is published or broadcast to the
general public or a specific market segment for the purpose of attracting customers or supporters.
For purposes of this definition:
1, notices that are published Include material placed on the Internet or on other similar
electronic means of communication; and
2, with regard to wobsltes, only that part of the website that is about your goods, products, or
services for the purposes of attracting customers or supporters is considered an
advertisement.
Auto
means:
1. a land motor vehicle, troller, or semi•traller designed for travel on public roads, including any
attached machinery or equipment, or
2. any other land vehicle subject to a flnanclal responslbllity lawor other motor vehicle
Insurance law in the state where It Is licensed or principally garaged.
However, auto does not Include mobile equipment.
Biological agents
means any:
1. a. bacteria;
b. mildew, mold, or fungi;
C. other microorganisms; or
d. mycoloxins,spares, or other byproducts of any of the foregoing;
2. viruses or other pathogens (whether or not a microorganism); or
3. colony or group of any of the foregoing.
Bodily Injury
means physical Injury, sickness, or disease sustained by a person, Including resulting death,
humlllatlon, mental Injury, mental anguish, emotional distress, suffering, or shock, at any time. All
such resulting Injury will be deemed to occur at the time of the physical Injury, sickness, or
disease that caused It.
Claim
means any:
1. written assertion of Ilablllty;
2. written demand for damages; or
3. civil proceeding seeking damages,
for bodily Injury, property damage, or personal and advertising injury to which this Coverage
Part applies. This Includes an arbitration procending or any other alternative dispute resolution
proceeding In which such damages are sought and to which you submit with our consent.
hiolades copyrighted mete al of Ins ace
Services Offices, Inc., wl Ita per Is ton
WCL Pcons GWw (7W14) Pogo 16 of is
,Aeo
HISCOX PRCJ- General Liability Coverage Part (Occurrence)
Claim expenses means all reasonable and necessary fees, costs, and expenses (Including the fees of attorneys
and experts) Incurred In the Investigation, defense, or appeal of a claim.
Coverage territory
means anywhere In the world, but this Coverage Part will apply only to a claim brought In the
United States, Its territories or possessions, or Canada.
Damages
means any monetary amount you are ordered to pay by a court, or by an arbitrator in an
arbitration to which we have consented.
However, damages does not include any civil, regulatory, or criminal fines, restitution,
disgorgement, sanctions, taxes, or penalties, including those Imposed by any federal, state, or
local governmental authority, or any multiple, punitive, or exemplary damages,
Damages because of bodily Injury Includes care, loss, or services, or death resulting at any time
from the bodily injury. .
Employee
means any person employed by you, Including any leased worker, but does not Include a
temporary worker.
Hostile fire
means a fire that becomes uncontrollable or breaks out from where it was Intended to be.
Impaired property
means tangible property, other than your product or your work, that cannot be used or is less
useful because:
1. it Incorporates your product or your work that is known or thought to be defective,
deficient, Inadequate, or dangerous; or
2. you have failed to fulfill the terms or conditions of a contract or agreement;
If such property can be restored to use by;
1. the repair, replacement, adjustment, or removal of your product or your work; or
2. your fulfilling the terms or conditions of the contract or agreement.
Insured contract
means:
1. a contract for the lease of premises, but not any portion of the lease that Indemnifies any
person or organization for damage by fire to premises while rented to you or temporarily
occupied by you with permission of the owner;
2. a sidetrack agreement;
3. an casement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a alllmad;
4, an obligation, as required by ordinance, to Indemnify a municipallty, except In connection
With work for a municipality;
5. an elevator maintenance agreement; or
WCL P0002 OW (7Oil 9)
6. any other contract or agreement pertalning to your business (Including an Indemnification of
a municipality In connection with work performed for such municipality) in which you assume
the tort liablilly of another to pay damages sustained by a third party to which this Coverage
Part would apply. 'fort Ilabllity, moans liability that would be Imposed by law In the absence of
any contract or agreement.
However, an Insured contract does not Include that part of any contract or agreement:
1. that Indemnifies a rallroad for bodily Injury or property damage arising out of construction
or demolition operations on or within 50 feet of any railroad property and affecting any
railroad bridge or treslia, tracks, roadbeds, tunnel, underpass, or crossing;
2, that Indemnifies an architect, engineer, or surveyor for damages arising out of:
a. preparing, approving, or failing to prepare or approve maps, drawings, opinions,
reports, surveys, field orders, change orders, designs, or specifications; or
b. giving or failure to give directions or Instructions, If that Is the primary cause of the
Injury or damage; or
Includes copyrighted material of
Services Offices, Inc., with Its p
*11
Page 16 of 10
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H ISCOX PRO General Liability Coverage Part (Occurrence)
3. under which an Insured who Is an architect, engineer, or Surveyor assumes the liablllty for
Injury or damage arising out of the Insured's rendering of or failure to render professional
services of any kind.
Lead means the element lead In any form, including Its use or presence in any alloy, compound,
byproduct, or other material waste. Waste Includes, but Is not limited to, materials to be recycled,
reconditioned, or reclaimed.
Leased worker means any person leased to you by a labor leasing firm to perform duties related to the conduct
of your business. However, leased worker does not Include a temporary worker.
Loading or unloading means the handling of property:
1. after It is moved from the place where it Is accepted for movement Into or onto an aircraft,
auto, or watercraft;
2. while It Is In or on an aircraft, auto, or watercraft; or
3. while It Is being moved from an aircraft, auto, or watercraft to the place where It Is finally
delivered.
Loading or unloading does not Include the movement of property by means of a mechanical
device, other than a hand truck, that is not attached to the aircraft auto, or watercraft.
Medical expenses means reasonable expenses for necessary:
1, first aid administered at the time of an accident;
2, medical, surgical, x-ray, and dental services, Including prosthetic devices; and
3. ambulance, hospital, professional nursing, and funeral services.
Mobile equipment means any of the following types of land vehicles, Including any attached machinery or
equipment:
1. bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off
public roads;
2. vehicles maintained for use solely on or next to premises owned by or rented to you;
3. vehicles that travel on crawler treads;
4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to
permanently mounted:
s. powercranes, shovels, loaders, diggers, ordrllls; or
b. road construction or resurfacing equipment such as graders, scrapers, or rollers;
5. vehicles not described In 1, 2, 3, or 4 above that are not self-propelled and are maintained
primarily to provide mobility to permanently attached equipment of the following types:
a. air compressors, pumps, and generators, Including spraying, welding, building
cleaning, geophysical exploration, lighting, and well -servicing equipment; or
b, cherry pickers and similar devices used to raise or lower workers; and
6. vehicles not described In 1, 2, 3, or 4 above maintained primarily for purposes other than the
transportation of persons or cargo, However, mobile equipment does not Include self-
propelled vehicles with the following types of permanently attached equipment:
a. equipment designed primarily for:
(1) snow removal;
(2) road maintenance, but not construction or resurfacing; or
(3) street clearing or cleahing;
b. cherry pickers and similar devices mounted on automobile or truck chassis and used
to raise or lower workers; or
Includes copyrighted malerlal of Insur ce
Services Offices, Inc„ with Its pennls o
WCL Pgga2 OW (1g/14) jj
Page 17 of 19
IM,
Occurrence
Officer
PR rM General Liability Coverage Part (Occurrence)
Personal and advertising
Injury
Pollutants
Products -completed
operations hazard
Professional services
c. alr compressors, pumps, and generators, Including spraying, welding, bullding
cleaning, geophysical exploration, lighting, and well -servicing equipment.
Instead, vehicles described In a, b, or c above will be considered autos.
means an accident arising out of your business operations, Including continuous or repeated
exposure to subst$ntially the same general harmful canditlons.
means a person holding any of the officer positions created by an organization's charter,
constitution, by-laws, or any other similar governing documents.
means Injury, including consequential bodily injury, arlsing out of one or more of the following
offenses;
1. also arrest, detention, or Imprisonment;
2. malicious prosecution;
3, the wrongful eviction from, wrongful entry Into, or invasion of the right of private occupancy
of a room, dwelpng, or premises that a person occupies, committed by or on behalf of Its
owner, landlord, or lessor;
4, oral or written publication, In any manner, of material that slanders or libels a person or
organization or disparages a person's or organlzation's goods, products, or services;
5 oral or written publication, In any manner, of material that violates a person's right to privacy;
6. the use of another's advertising idea In your advertisement; or
7. Infringement of copyright, trademark, trade dress, or slogan In your advertisement.
means any solid, liquid, gaseous, or thermal Irritant or contaminant, Including smoke, vapor, dust,
nanopadicles, fibers, soot, ash, fumes, acids, alkalis, chemicals, and waste. Waste Includes, but
Is not limited to, materials to be recycled, reconditioned, or reclaimed.
1. Includes all bodily Injury and property damage taking place away from premises owned,
occupied by, loaned, or rented to you and arising out of your product or your work,
except:
a. products that are still In your physical possession; or
b, work that has not yet boon completed or abandoned. However, your work will be
doomed completed at the earliest of the following limes:
(1) when all of the work called forin your contract or agreement has been
completed;
(2) when all of the work to be performed at the site has been completed, if your
contract or agreement calls for work at more than one site; or
(3) when that part of the work completed at a site has been put to Its Intended use
by any person or organization other than another contractor or subcontractor
working on the same project,
Work that may need service, maintenance, correction, repair, or replacement, but
which is otherwise completo, will be treated as completed; and
2, does not Include bodily Injury or property damage adsing out of:
a. the transportation of property, unless the Injury or damage results from a condition In
or on a vehicle not owned or operated by or loaned or rented to you and that condition
was created by the loading or unloading of that vehicle by you; or
b, the existence of tools, unlnstalled equipment, or abandoned or unused materials.
means professional services customarily provided by an architect, engineer, surveyor, physician,
surgeon, dentist, or other healthcare provider, accountant, Insurance agent/broker, Investment
advisor, securities broker/dealer, or attorney, or any other services Identified as Covered
Professional Services In the Declarations. A
Includes copyrighted material Of ln�
WpL P0002 CW (10n4) \x"'U ��—_—.—
Services Offices, Inc., with ks per Is ,
Pego 18 of 19
40
HISCOX PROD General Liability Coverage Part (Occurrence)
Property damage means:
1. physical Injury to tangible property, including all resulting loss of use of that properly. All
such loss of use will be deemed to occur at the time of the physical Injury that caused It; or
2. loss of use of tanglbie property that Is not physically Injured. All such loss of use will be
deemed to occur at the time of the occurrence that caused It.
Tangible property does not Include any software, data, or other Information In electronic form.
Retention
means the amount stated as such under the General Llabllity Coverage Part section of the
Declarations.
Temporary worker
means a person who is furnished to you to substitute for a permanent employee on leave or to
meet seasonal or short-term workload conditions. Temporary worker does not Include leased
worker,
Volunteer worker
means a person who Is not your employee, and who donates his or her work and acts at your
direction and within the scope of duflos determined by you, and Is not paid a fee, salary, or other
compensation by you or anyone else for their work performed for you.
You, your, or insured
means the named Insured and any other person or organization expressly described as an
Insured in Section III. Who Is an Insured.
Your product
1. means any:
a. goods or products, other than real property, manufactured, sold, handled, distributed,
or disposed of by:
(1) you;
(2) others trading under your name; or
(3) a person or organization whose assets or business you have acquired; and
b. containers (other than vehicles), materials, parts, or equipment furnished in connection
with such goods or products;
2, Includes:
a, representations or warranties made at any time with respect to the durability, fitness,
performance, quality, or use of your product; and
b. the providing of or fallure to provide Instructions or warnings; and
3. does not Include vending machines or other property loaned or rented to or located for the
use of others but not sold.
Your work
1, 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;
and
2. Includes:
a. representations or warranties made at any time with respect to the durability, fitness,
performance, quality, or use of your work; and
b. the providing of or failure to provide instrucllons or warnings.
IServiea copyrighted material p Insum ce � 1 / q q
Services Offlcos, Inc., whh Its pemlissi n— J
WCL P0002 OW (19114)
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