HomeMy WebLinkAboutDoc 052 - Food-Bev Agrmt Amend - Fair-ExpoJanuary 31, 2014
To: Tom Anderson
From: Dan Despotopulos
Subject: Staff report -amendment to existing food/beverage contract
Tom:
The Fair & Expo Center entered in an agreement on February 2,2001 with C & D Event Management to
exclusively provide catering, concessions and alcohol for all events at the Fair & Expo Center. The annual
Fair was the exception to the exclusivity. There was also an investment of $75,000 to improve kitchen
facilities in the Event Center that were not completed during initial construction. In November 2005 the
Fair & Expo Center entered into a ten(10) year agreement with Premier Service Group (formally C & D
Event Management)(PSG) to provide the same as above, this agreement was originally scheduled to
terminate on June 30, 2016.
At the signing of the present agreement an investment of $100,000 was made to improve kitchen
facilities, build a new concession trailer and add to our inventory. Over the years we have had a very
good relationship with PSG. After several months of staff and Fair Board meetings, realizing the
food/beverage industry has seen many changes; we have come to an agreement to amend the existing
contract with PSG, with the new ending contract date of August 31, 2014.
This amendment and new ending date will allow the Fair/Expo staff, County Fair Board, County
Administration, BOCC and other interested parties to begin discussing all the various options that may
be available to craft an RFP over the next coming months with a target release date of June 1, 2014 or
no later than July 1, 2014 so a new food/beverage contract can be in place on September 1, 2014.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document Is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 11/31/141 Department: !Fair/Expo
Contractor/Supplier/Consultant Name: IPremier Services Groug
Contractor Contact: !Ben Hilberg! Contractor Phone #: !2S3-40S-03Sij
Type of Document: License/Services Agreement.
Goods and/or Services: License to Provide Food & Beverage Services.
Background & History: This amends and extends the original agreement dated
ii/ii/OS.
Agreement Starting Date: 11/1/14! Ending Date: !S/31/141
Annual Value or Total Payment: &aries, based on sales.!
Insurance Certificate Received check box)
Insurance Expiration Date: /27/14
Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$1S0K)o Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? 0 Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes 0 No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: 0 Yes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone#:
1I3112014
Departmental Contact and Title: D A--~ ~~~pv}c..:t?Phone #: 5 Lf!-S"r2 .. ~l I I
1) t ~--ec-~tL
Department Director AP~atu? S. I'};t/;y
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
eounty Signature Required (check one): 0 soee 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, soee Order No. ____--t)
Legal Review Date
Document Number ~0 I '-/-c> s ~
1130/2014
REVIEWED
LEGAL COUNSEL
For Recordin Stamp Oni
DOCUMENT NO. 2014-052
AMENDING DESCHUTES COUNTY CONTRACT NO. 2005-450
THAT CERTAIN LICENSE AGREEMENT, Deschutes County Contract No. 2005-450, dated
November 11,2005 between DESCHUTES COUNTY, a political subdivision of the State of Oregon
(County) by the Deschutes County Fair Board pursuant to ORS 565.230(1) (Board) acting through its
Fair and Expo Center Director, (Director) and C & D Event Management Inc., an Oregon corporation,
DBA Premier Services Group (Licensee), is amended, effective upon signing of all parties, as set forth
below.
The above listed contract is amended as follows:
Unless otherwise specifically set forth in the Amendment, all terms and conditions included in the
License Agreement shall remain in full force and effect. References to paragraphs shall mean the
numbered paragraphs of the License Agreement.
1. Pursuant to Paragraph 26 the Board hereby approves Licensee's request that the License
Agreement and License be assigned to Premier Services Group, Inc. (Premier). The effective date of
such assignment shall be the day this Amendment takes effect. Premier shall immediately furnish and
maintain certificates of insurance pursuant to Paragraph 24. C&D Event Management, Inc. hereby
releases County and Board from any claim it may have to any deposit account or fund held by County
or Board, as such interest shall hereafter be deemed the property of Premier.
2. This Agreement shall be construed as an amendment pursuant to Paragraph 29 and not an
agreement arising from a claim by either party of default under paragraph 21. Premier and C&D Event
Management, Inc. each hereby waives all rights, title and interest arising from Paragraphs 12 and 21 of
the License Agreement.
3. Paragraph 8 is amended as follows: Licensee shall no longer be required to deposit funds in the
maintenance and replacement account. The balance in the maintenance and replacement account as of
December 31, 2013 is $77,032.77, which the parties agree is sufficient to cover the cost of necessary
equipment repairs and replacement through August 31, 2014. Premier shall prepare and submit to
Board no later than February 28, 2014 a complete inventory of necessary or anticipated equipment
repairs and replacement. Any unexpended or unencumbered funds that remain in the maintenance and
replacement account at the end of the license shall be credited to Premier.
Page 1 of 3 -Amendment to License Agreement Document No. 2014-052
DC -2 a1 4 - 0 5 ;~'
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4. Paragraph 14 is amended as follows: From and after the effective date of the Amendment,
Licensee shall pay to Board the following percentages of gross receipts (Guaranteed Percentages) for
Catering, Alcoholic Beverage and Food Concession Services under this license:
a. Catering including all traditional catering events and accompanying distilled sprits: 15%
b. Concession Sales (not including distilled spirits): 25% for all events other than the
annual Fair, which shall remain as set forth in the License Agreement.
c. Distilled Spirits: 30% for all events other than the annual Fair which shall remain as set
forth in the License Agreement
5. Paragraph 19 is amended as follows: Licensee shall no longer be required to deposit funds in
the marketing account. The balance in the marketing account as of December 31, 2013 is $13,486,
which the parties agree is sufficient to cover the cost of necessary marketing activities pursuant to the
current marketing plan through August 31, 2014. Any unexpended or unencumbered funds that remain
in the maintenance and replacement account at the end of the license shall be credited to Premier.
6. Except as otherwise set forth herein and consistent with Paragraph 15, Licensee shall pay
County not later than the 15th day of the month following the preceding calendar month. Licensee
shall make payments to County for license activities occurring in connection with the annual fair each
day and within 24 hours. For license activities occurring in connection with the 2014 Family Motor
Coach Association (FMCA) event, FMCA shall pay the County directly and County shall pay Premier
its share (after deduction of amounts due pursuant to the License Agreement) no later than October 1,
2014.
7. The County, Board and Director may issue a Request for Proposals or other public solicitation
for services covered by the License Agreement. Any future contract or license agreement for
concession activities at the Deschutes County Fair and Expo Center, entered into by the Board or the
County, will commence on or after September 1,2014.
8. The License which is the subject of the License Agreement terminates on August 31,2014.
Such termination shall not result in a waiver or release of any obligation or liability arising prior
thereto and the License Agreement shall continue in full force for purposes of bringing the activities of
the parties to conclusion and final resolution. The Board and Premier may by separate written
agreement extend the termination date set forth in this paragraph.
9. Each of the signatories to this Amendment has been authorized by their respective governing
bodies to execute the Amendment on behalf of the respective party.
LICENSEE: Premier Services Group, Inc.
Dated this _____,2014
Authorized Signature
LICENSEE: C&D Event Management, Inc.
Dated this _____,2014
--~
Authorized Signature
Page 2 of3 -Amendment to License Agreement Document No. 2014-052
--
DESCHUTES COUNTY FAIR AND EXPO
Dated this _____,2014
Director
DESCHUTES COUNTY FAIR BOARD
Dated this __ _____,2014
Chair
DATED this dayof ___2014
for Deschutes County.
TAMMY BANEY
Chair, Deschutes County Board of
Commissioners
Page 3 of 3 -Amendment to License Agreement Document No. 2014-052
--
--
~4/~b/~~1~ 11:~1 4:L!J-8I::lo-bb31 REDMOND GEN INS AGCV PAGE 02/139
CERTIFICATE OF LIABILITY INSURANCE
10: RP
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER11f1CATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR teGATIVELY AMEND, EXTEND OR ALTER TIE COVERAGE AFFORDED BY THE POLICIES
BELOW. T1iIS CERllFiCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR AND THE CERTIFICATE HOLDER.
IMPORTANT: the pollcy(ies) must be endorsed. If IS WAIVED, subject tc
the terms and may require an endorsement A atatement on this certificate does not CGnfer rights to the
91073.0847
CPCU ~~C-=---------··-------I
INSURE!)
C & D Event Management, Inc.
DBA Premier Services Group
1429 SE 27th St
Mercer~d,VVA98040
COVERAGES CERTIFICATE NUMBER' . REVISION NUMBER'
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED HAMED AJIDVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF AHY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR Ml\.Y PERTAIN. THE INSURANCE AfFORDEO BY THE POlICIES DESCRIBED HEREIN IS SUBJECT TO.ALL THE TERMS,
EXCLUSIONS AND CONDlllONS OF SUCH POUCES. LIMITS SHOVlIN MAY HAVE BEEN REDUCED BY PAlO CLAIMS.
I'IJLK;T 1ilI'f' ~1jl\1' LIMITSTYPE OF IHSURAHCE IIWIIII '~I POUCY NUMBER'tIP:
GaiERAL. !.IABlL.1TY $ 1,ooo,OOt1~=~RENCE-04127/13 04J27/14 $ 1,000,000X iBK055484069A Jic..S2-.MIIIERClAl GENeRAt LrASlLlTY l~~=
,---J ctAlUS-MAOE 00 OCCllR
X Liquor Lis bility·r-
r--rxrAGGREnEUMIT n PER
X POLICY ~ LOC
AUTOIiIOBILE LIA.DILIlY r-B ~AHYAlJTO BAS55484069
I
IAlL OWNEO AlITOS-
SCHEDUlE!) AUTOS-
HIREOAUTOSJi I
I
,NON·OWNED AUTOSJi
X i UMBRI!LLA LIAR ..:::..::... ~OCCUR :
EXCES$UAS CLAIMS-MADE: iUS055484069
OEDUCTIBLE
;X RETOOION $ 10000
WORKERS COMPENSATION
A -~----
AND EMPLOYERS' LIABILITY Y rN
BK055484069A Ai'/"( PROPRIETORiPARTNER!EXECU1iVE 0
Of'FlCERIMEMBER EXCLIJDE01 MIAI WA STOP QI\p EM?LOVIi'RS I.!AIMiIIIdatory In IIIH,R'rs'i' deWibe UIIWD SCRIPTION OF OPERATIONS below i
~ l
$ 15.000MEa eXP (Anv one per9OI\)I :
04127/13
04127/13
04/27/13
PERSONAl &PIJV INJURY :$ 1,ooO,OOtl _ ...
• 2,ooo,OOt1GENERAL AGGREGATE
S 2,CIOO,OOll,PRODUCTS-COU~PAGG
$
CONBIH£D SiNGlE lIMIT $ 1,OOO,OO~(Ea accidlll'll)04127/14 80DILY INJURY (Per pef8Qn) $
BODILY INJURY (Pet' accidsnl) S
PROPER'IY DAMAOE $(Par accId9n1)
$
$
$ 5,Ooo,00Q
; AGGREGATE
EACH OCCURRENCE
$ 5,OOO,OOIl04121/14
S
$
IT~~r~WsI IW
04/27/14 $ 1,0oo,OO~E.I.. EACH ACCIDENT
$ 1,000,000E-L_ DISEASE· EA EMPLOYEE
$ 1,4)00,000E_L. DISEASE· POlICY LIMIT
i
DESCRIPTION OF OPERAnONS I LOCATfONS I VEHICLES (Alta"" ACORD f01, AddIlklnal Ram....Schllduta, •• ma,.. sPII'" b ",..,Ir.d)
Conaessions *L~or ~1abil~ty $1,000 000 Bach Common Cause I $2,000 , 000 ~ate Ad tional Insured per CGS8101009: Deschutes County, its officers,
agents I employees and volunteers
CERTIFICATE HOLDER CANCELLATfON
I
Deschutes County
3800 SW Airport Way
Redmond, OR 97756
OESCH04
SHOULD ANY OF THE ABove DESCRIBED POUCIES BE CAlIICEI.LEO ElEFORE
THE EX~IRA.TiON DATE THEREOF, NOTICE WILl BE DELIVERED IN
ACCORDANCE WITH THE POUCY PROVISiONS.
AUTlHlRIZED REPRESENTATIVli
A.A~ Keith W. Brewe
@1988-20.o9ACORD CORPORATION. All rights reserved_
.ACORD 25 (2009/09) The ACORD name and logo are registered marb of ACORD
~UMOND GEN INS AGCV PAGE 03/09
.. COMMERCIAL GENERALUABILITY
CG88 101008
. THIS ENDORSEMENT CHANGES THE POLICY. PlEASE READ IT CAREFUUY.
COMMERCIAL GIENERAl UABIUTYEXTENSION
. This endorsement modifies insurance provided under the following:
'.
COMMERCIAl GENERAL LIABILITY COVERAGE PART
SUBJECT
NON-OWNED AIRCAAFT
NON-OWNED WATERCRAFT
PROPER1'\' DAMAGE·UABaLl1Y· ELEvATORS
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
MEDICAL PAYMENTS EXTENSION
EXTENSION or: SUPPLEMENTARY PAYMENTS ~ COVERAGES A AND B
.ADDITIO~L INSUREDS -BY CONTRAcT. AGREEMENT OR PERMIT .
. .
PRIMARY AND NON-CONTRIBUTORY· ADDmONAL INSURED EXTENSION
ADDITIONJU.INSUREQS-EXTENDED PROTECTION Of YOUR ·UMITS·OF INSURANCE"
WHO ISAN INSURED .. INCIDENTALMEDICAL ERRORSIMALPRACTiCE AND WHO IS AN
INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES .
NEWLY FORMED OR ADDITIONALLY AOOUIRED.ENTlnES
FAILURE TO D1SCLOSE HAZARDS AND pmOR OCCURRENCES·
KNOWlEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
. .' .;
UBERALIZATION CLAUSE
BODILY INjURY REDEFINED
... EXTENDeo PROPERTY DAMAGE
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS'TO' US M
WHEN RiEo..UIREDIN A CONTRACT OR AGREEMENT WITH YQU
PAGE
2
2
2
2
3
3
3
5
6
6
6
1
7
1
7
7
... 1
. e>:lOlO Liberty Mutu811~sur..!'KlfS Company. All rights reserved.
CG 8810 1009 Includes copyrighted material of Insuranoe Services Office, Inc,.. with its permissIon. Paae1of7
04/26/2013 11:27 425-885-6631 REDMOND GEN INS AGCV PAGE 04/09
With respeet to coverage afforded by this endorsement, the. provisions of the policy apply unless modified by
the endol'$8ment. . . .
A.. NON-OWNED AIRCRAFT
." . Under Paragraph 2. ExcIllsiona of Section ·I-Co,eraae A·· IJodil, Injury MdProperty DaM...UabUity •
. ... exclusion g. Aircraft AUto OtWaterctaft doe$not apply to 'an aircraft provided: .
·1. It is not owned by any Insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot In command holds a currently effective certificate, issued bv the duly Q)f"Istituted autho11ty of
the United States ofAmerica Of Canada.. designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for. charge.
tfowever, the insurance afforded by this provision does not apply if there is available to the ins\Ad other
valid and collectible insuraoce# whether primary, excess (other than insurance written to apply specifically
In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under
.this provision. .,.
B. NON..()WNED WAlEReRAFT
..' Under Paragraph 2. exclusions of SectIon I·Coverage. A-8od11y •.,jury And Propertyoamaif, Uablllty.
Subparagraph (2) of exclusion g. AirCraft.. A~.Or Watercraft Is replaced by the foU~lng:
This exclusion does not apply to:
(2) A watercraft you de) not own that is:.
(I;') Less than 52 teet long; and .
(b) Not being used to carry persons or property for: a ch,arge.
C. PfJOPERTY DAMAOEUABIUTY • B.EVATORS
. .,' ,'.
1. Under Paragraph 2. ~~usiORS of Section I • Coverage A * Bodily Injurr And PropertJ Damage Uabil·
Ity, Subparagraphs (3), (4) and (6) of exctusion J. Damage 10 property do IlOt apply 'if such "property
damage" results from the use of elevators. For the purpose of this provlsioo# elevators do not Include
vehicle l1fts. Vehicle lifts are lifts or hoists used in automobile service or repait: Op8Il1t1ons.
2. The following is added toSectiol1 'V -Commercial'General Uabllity concrltions.·Condition 4. Otber
Insurance. Paragraph h. Excess Insurance: .
Thelnsuranc~ afforded by this provision ofthis endorsement is excess over any· property insurance,
whether primary, excess, contingent or on a.ny ottier ~sis•
.. ·D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)
If Damage To PremIses Rented To You Is not otherwi~e excluded from this Coverage Part:
1. Under Paragraph 2.. EXclusions of Section I·COverage A -Bodily Injury and Property Damage Uability:
a. The fourth from the hi.s:t paragraph of exclusion]. tJamage To Property is replaced by the follow·
Ing: .
Paragraphs (1), (3) and (4) of this exclusio,n do not apply to "property damage" (other ·than damage
bV firer lightning, explosion. smoke, or leakage from an a utomatlc fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; qr . .,
(ii) Contents that you rent or lease as:·part of api-emi. rental or lesse agreemenl for a period of
morethan7 days. .
Paragraphs (1). (3) ~nd (4) of tfll~ .exclusiQn do ncrt apply to "property damage'; to contents Qf
premises rented to you for a period of 7 or fewer cOnsecutive days~ .
A sepiJrate limit ofinsurance appiies to this coverage 8S described in sectiOn III .. Umits of
Insurance. .
~010 Liberty MutuallnsuranceCompanv. Ali rigtrts reserved.
CG88101008 Includes (lOOvriahtf!d I111ItRriJlf of In..urlln_ ~rvIMl" nw..,,.. In/\... with it« nArmk"inn
I-'Ab~ l1o/l1'j~UMUNU b~N !N~ Ab~Y
b. - The last paragraph of subsection 2. exclusions Is replaced by the folloWing:
ExcllisiOns c. through n. do not apply to,'damageby fire, lightning, explotrion, smoke Of le8kage
from automatic fl,re protection syStems to premises while rented to you or temporarily occupied by
you with permission of the owner. A separate mnlt of insurance,applies to Damage To Premises
Rented To.You as described in Sdo... Itl· Limits Of insuranCe_
2. Paragraph 8. un~t ~on HI· Umits Of '~nlnce.l$ replaced by t~e fol1owing=
6. Subject to Paragraph 6. above, the Damage To Premises Rented To You Limit is the most we wUl
pay under Coverage A for damages because of "property damage" to:
a. Any'one premise:
(1) While rented to you; or
(2) White rented to you or temporarily occupied by you wtth permission of the owner for
damage by fire, lightning, explosion, smoke,Of leakage from automatic protection sys.
tems;or
b. ~entS thatyou rent or lease as part of a premise. rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO Pl\0PERlY RENTED TO
-YOU {renant's Property Damage} -Paragraph ...~ of Definitions Is replaced with the following:
, ' .
9.L A contract fota·lea$e-of premises. However, that portlonaf the contract tot _a lease of premises
that Indemnifies' any person or organization for damage by fire, lightning, explosion, smolee, or
leakage from automatic fire protection'systems to premises while rented to you ar temporarily
occupied by you with the permission of the owner, or for damage to ~ntents of such premises
~at are Inciud~In your premi.ses rental or lease agreement. is not an ~'inS'uredcontract".
E. MEDtCAlPAYMENTS EXTENSION . ,
If Covafage C Medical. p~yments: is not otherwise excluded. the Medical Payments pmylded by this policy
are amended as follows~ . - , .
Under Paragraph-',-'.urlng Agreement of SeCllon I· C.over.Oe C -Medic&. PaJments. Subparagraph
. _ (b) of Paragra.,tl _~ is replaced by the following: . '
(b) The expenses are incurred and reported within three years of the date of the accident; and
r:~ EX'n:NSION Of SUPPLEMENTARY PAYMENTS· COVERAGES A AND B '
-, 1. Under Supplementarj Paymem· Coverages A and St Paragraph 1.b. is replaced by the folloWing: . . . .
b. Up to $i,GOO'for cost of bail bonds requir8c:t beCause of aceidents or trafficlaw violations arising
out of the U$8 of any vehicle to which the Bodily-Injury liability Coverag!;! applies. We do not have
to furnish these bonds. . .
. ,
2. Paragraph 1.d. is -replaced by the f~lIowing::
d. All reasonabl~ expenses incurred by the in$ured at our request to assist us in the Investigation or .
defense of the claim. or "suit"# including actual toss of earnings up to $500 a day because of time
off from work.
., G. ADDmONAL INSUREDS~-BY CONTRACT, AGREEMENT-OR PERMIT
,. Paragraph 2. under Section n -Who Is An InsuffXi isarriended to include as an insured any person or
organlzation_ whom you have agreed to add .as ari additional insured in a written contract, written
agreement or permit. Such person or organization Is an additional Insured but only with respect to
liability for "bodily lnjury", ftproperty damage~'o.r "personal and adVert)flng'inJury" caused in whole
or in part by: . . '
a. Your acts or omissions# or the.scts or omissions of those acting on your behalf, in the performanoo
of your on gotng operations for the additional Insured that are the sut)Ject aUtl.e written -contractor
written agreemeflt provided that toe "bodUy injurY" or "property damage'l~ occurs, or the "per-
sonal and adverti.$lng injury" Is comniltted,subsequent to the signing of such written contract or
written agreement; or .
~010 liberty Mutual InsuranCe Company. All rights: reserved. '
0088101009 Inoludes copyrighted material of-Insurance Services Office. Inc •. with Itll Da:rmbt~lnn_
4Lb-!:H:lb-bb:.:Jl REDMOND GEN INS AGCY PAGE 06/09
·b. Premises or facilities rented by you or used by you; ~r
"F-The malntenarM:e, operation or "use by you of equipment rented or leased to you by such ~rSon or
organization;.or " .
. d •. Operations performed by you or on your behalf for which the state or pollti~1 subd~vislon hal
iSSUed.8 permit subject to the following additlonalprovls)ons: " ;
(1) This insuranJ:e does not apply "to "bodily injury"~ "property ~.,.ge", or "persOnal and ~
vertlSlng inJury" .arising out oftbe operations performed for the staieor poI~tical subdivision; "
(2) Thfs Insurance does not apply to "bodily Injury" or "propel1Y damage" included within the
"completed operations hazard". " . "
. .
(3) Insurance applies to premises you own, rent.. or control but only with respect to the following
hazards:
" (a) The exi_nco, maintenance, repair, Construction, erection, or removal of advertising
.signs, awnings, canoplas,cellar "entrances, coal boles, driveYf8Ys, manholes, marquees;
hollt away. openings, sidewalk vaults, street banners, or decondions and similar expo
"sures; or
(Il) The conStruction, erection, or removal ofelevators; "or "
tcl The ownership, malntehal'1C'e~or use of any elevators covered by this ·insurance.
With respect to Paragraph 1... abOve, a person's or organlzatlon·s status 8S 8n additIOnal Insured "
under thl&endorsement ends when: "
(1) All work, Including matertais, parts or equipmet:d furnished in connection with such work, on.
the project (other than "Nice, maintenance or repaIrs) to be .performed by or on behalf of the
additional insured(s) at the Iocationofthe covered ~perationS has·been completed; or
(2) .That portion of "your work" out of which the .injury or damage arises has been put to ~
Intended -use by any persqn or organization"ather than another contracto.r or subcontractor
engaged in peaforming operations for a principal as 8 part of the Arne project. . ".
With respect to Paragraph 1.b. abbve; a person's or organizatlon~s Jtatus ·as an additionSl insured
under this endorsement ends when tIlelr written contract or written agreement with you for such"
premi$e~or facilities ends. . "
.' .
With resPects to Paragraph 1.c. above. this insurance does not apply to any uoccurrence" which takes
place after the equipment rerita' or lease agreement has expired or you have retumed such equipMent
to the lessor. .
" Th~ inSUrance provided by this endorserne:nt applies only if the written contract or .wrltten agreement
is signed prior to the "bodily Injury1 or "property damage" •
We have net duty to defend an additional Insured under this endOrsement untJlwe receive wriuen
notice ofa"suit" by:the additional Insured as required in Paragraph b. of Condition" 2. DutIes In the
Event Of ~currence, Offense.. CI~m Or Suit under Section tv • c.mercial General Uabitity Condi·
tions. .
2. With res~tathe insurance provided by this endorsement.. the followirig·are added to Paragraph 2
Exclusions u~er Section I .• CoV8raD8.A -Bodily InjurY And Property Damage Uability:
This insl,l~nce does not apply to: l " ". ."" .
e. "".Bodily injury" or."property da 8g·e" arising from the sole negligence ofthe additional Insured." . " !. ." , ," . .
b. "BDdUy "I.njury" ·or uproperty damage" that occurs prior to yo~ commencing operations at the.
locetionwhere such '''bodily inj~ry" or n property. damage" occurs. '." . " .
, :' .
c. "-Bodily'lnJury", "property damage" or"persona!" ahdadvertising Injury"'arising out of the render·" "
ing of•.'or the failure to render, any professional architectural, engine~rlngor surveying services, I .including: "
I 0:1010 LlbQlty Mutuallnsuranoe Company. All rigtlts reserved.
0088101009 Includes QODVTiAhted material of Insurance Servioelt 0f'fWt. llllft.. with Itt:: """rni<tdnn. ha.... ",f"
04/26/2813 11:27 425-885-6631 REDMOND GEN INS AGel( PAGE 07/09
(l) The preparing, approvlng~ or failing to prepare or approve, maps, shop drawings, opInions.
reports, survey". fi&ld ord8rs~ change orders or draw~ng;and specifications; or .
(2) , Supervisory, inspection, architectural or engineering activities.
, d."Bodlly Injury'~ or, -property damage" occurring a~r: '
"(1) All work," including meterials, parts or equipment fu~nlsbed In connectio.n with such work. on
the project (other fuanService l maintenance or repairs) to be perfo~by or on behalf of the
additlonallnsured(s) at the location of the covered operations has been completed; or
(2) That portion of "your work" out of which the inJury or damage arises has been put to its
intended use'by ally person or organization other than another contractor'or subcontractor
engaged in performing operations for a principal as a part of the same project.
. "
e. Any person or organimtioo specifically desl9na~ad as an additional Insured for ongoing opel'atlons
by a separate ADDmONAt INSURED .owNERs.. LESSEES OR CONTRACTORS endorsement.ls
sued by us and made a part of this policy. ' ' .
H. PRIMARY AND NON-COI\IllI~UTORY ADDmONAL INSURED EXTENSION
Thi's provision applies to any person or organization whO' qualifies 8$ an additiOnal iMured under any furm
or endorsement under thIs policy.' ' . .
Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL UABIUTV CONDIllONS is amend
ed as follows:
. . '
8. TOe follOwing is added to Paragraphs. Primary Insurance:
If an additiona' insurectts policy has an Other insurance pro'(ision making its policy exCels, and you
have agreed In a written contract or written agreement to provide the additional insured coverage on e
'primary and noncontributory basis, this policy shall tie primary anI:! we will not seek contrfmaion from
. the addttlonal insured's Policy for dB'mages we cover.' .
b.' The fOllowing is added to Paragra~h b~ Excess Insurance:
.:When a written contract or written agreement, other than Bpremises lease, facilities rental contract or
. agreement an equipment rental or lease contract or agreement,;.or permit issued by a state or political
. , :subdivision between you and an additional insured does nOt require this insurance to bE, prtmary or
primary and non-contributory, this lnsurance is excess ov~ any other insuram:e for whlch,tbe:8ddi
.. tionaI Insured is designated as a Named Insured. .
. . . .
Regardless of the written ag..ment between you and an additional insured.. this insurance· is excess
over any other insurance whether primary, excess, contingent or on any other basis· for which the
.. ·additional insured has been added as an additional insurld on other policies.. , . .
. . -.
I. APOtTiONAL INSUREDS· EXTEND~PROTECTION OF YOUR "UMITS OF INSURANCE"
, Thfsprovision apptles to any person or organization who quanfiesas an ,dditional insured und&r any for.m
or eJidorsement under this policy.. .
1. The following is added to Condition 2.lh.ttes In The &eni Of Occurrence. Offense, Claim or Suit:
An additional iMured undetthls endorsement will as SOOo'4S practicable:
8. Give written noticeof',an "occurrence;' or an offense:that may resuft in a (:Iaim ot "sult" under
this insurance to us; , . ,. .; .
'1I Tender the defenSe and i~demnlty of any claim or "sUit!' to all insurerS whom also'have
fnsurance avanabl~to the additional ins!Jred; and
c. Agree to makeavail8ble. any other insurance which ,the additional Insured has for sloss we
cover under thIs Coverage Part.
O:lDl0'Llb~rty Mutualln!uranoe Company. At. rights ",s"lVed.
CG88101009 Includes COJJYrighted material of Insurance Services Office. Inc.. with Hs Dermission. Paaa6nf7
04/25/2013 11:27 425-885-5531 REDMOND GEN INS AGCV PAGE 08/09
, '.
d. We have no duty to defend or indemnify an additiona' Insured under this endorsement until'
we receive written notice of a "suit" by the additional ineured.
'2,. The I1m1ts 9f'insurance appli~ble to the additional Insured are those spec1fled in a written contract
or written agreement or the limits of Insurance as stated In the Declarations of this policy and
defined, in Sadlon, II -Umlts of In.ur..~e ofthi$ polley, whichever are'less. These Umlt$ are ,
Inclusive of and not In addition to the 1i00ItS of Insurance available under this policy.
J; WHO IS AN INSURBJ.. INCIDENTAL MEDICAL ERRORSI MALPRAC1lCE ,
, WHO is AN INSURBl-FELLOW ENI'l.OYEE'EX.TENSION~MANACIlMENTEMPt-OvEES
Paragrapfl2..e.(1) Of Section'. -Who Is An Insured Is replaced with the following:.
(1) 1IBodily Injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if
you are a limited liability company), to a co-"employee" while in the counte of his or her employ
ment or performing duties related to the conduct of your buslnessl 'or to your other "volunteer
workers" while performJng dutJes related to the conduct of your business; .
(b) To the spouse, child, ~re~brother or sister ofthatco-"einpIoyeelt or "volunteer wolter" as a
consequence of Paragraph '(1) (a) above;
(c) For which there Is any obligation to share damageS with or repay someone else who must pay
, , damages becauSe of ttle injury described in Paragraphs (1)(a) or (b) above; or ,. . .
(eI) Arising out of his or her providing or failing to'prOVIde prOfessional health care services. However,
if you are not in the' business of provldlng professional health care "rYlees or providing profes·
slonal health care personnel to others, or If coverage for providing professional heatm care aer· .
vices ·Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not
8~~ . "
'Paragraphs 'a) and, (b) above do not apply to "bodilY Injury" or "personal and advertising injury" caused by
..a!1,ltemployee" Who I~ actrng In aS\lpelYlsory capacity" for: ~.SUpervisory capacity as uted .hereln means
',the "employee's" job responsibilities assigned by you, includes the direct supervision of. other "employ
ees" of yours. HOWljW8f* none of these "employees" are:lnsur.eds for "bodily inj"",," 'or tlpersonal and
advertising injurY" arising out of their willful cond_ which is defined as the purpo$eful or willful,intent to
cause IfbodJly Injury" or "personal and advertisIng injury", or caused in whole or in part by their Intoxlca~
tlon by liquor or controlled substances. .
The cOverage provided:bY provision J. ~s excess over any Other ~alld and collectable insurance available to
your "employee..., '
'K. NEWLY FORMED, OR ADDmONALLY ACQUIRED ENTITIES'
Paragraph 3. of Section II· Who Is An Insured is replaced by the following:
3. Any organization ,YQU newly acquire or form and ,over which you maintain' ownership· or majority
interest, will qualify as a Named Insured if there is no other similar insurance, available to that
organization. However: :
a. Coverage under this provision is afforded only until the expiration of thepoJicy period in
which the entity was aCquired or formed by yOu; , ,
b. Coverage A does not apply to hbodily injury" or "property damage" that occurred before you "
acquired or formed the organization; and " , '
c. Coverage 8 does not apply to "personal ,and adVertising injury." arising' out of an offense
commttted before.you acquired or formed the 'organization.
d. Records and descrtptions of operations must~maintained by the first Na~In:sured.
No person or organizationi's an insUred with respect totbe. conduCt of any currant or past partnership, joint
venture or limited liability cQmpany that is not shown as a Named lnsu~in the DeClarations or qualffies
as. an insured un~er this proviSion. ' . " .
412010 Liberty Mutual Insurance Com"ny~AHrighl$ reserved.
co 88101009 lnoI"des'eopyrjghted material of InsuraACe services Oflioe, 11loC.. with its permission. Pagelot7