HomeMy WebLinkAboutEC17-432 - Original - Thunderbirds Hockey Enterprises, LLC - Seattle ThunderbirdsMarketing Package - 05/01/2017 RX
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Thunderbirds Hockey Enterprises, LLC
Vendor Number:
JD Edwards Number
Contract Number: J '
This is assigned by City Clerk's Office
Project Name: Thunderbirds/City of Kent Advertising
Description: ❑ tnterlocal Agreement 7 Change Order [l Amendment 171 Contract
0 Other:
Contract Effective Date: Date Mayor Signs Termination Date: 1201
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Ben Wolters Department: ECD'
Contract Amount: 59"400.00
Approval Authority: ❑ Director W] Mayor ❑ City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
•
KENT
Ww9 NI.OiOn
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
THUNDERBIRDS HOCKEY ENTERPRISES, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Thunderbirds Hockey Enterprises, LLC organized under the laws of the
State of Washington, located and doing business at 625 West James St, Kent, WA 98032, 253-239-
9613 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Adding City of Kent logo and website to the Seattle Thunderbirds marketing package
as further described in Exhibit A, Scope of Work.
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by May 31, 2018.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Fifty-Nine Thousand Four Hundred and 00/100 Dollars ($59,400.00), for the
services described in this Agreement. This is the maximum amount to be paid under
this Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement.
B. The Consultant shall submit quarterly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this Agreement.
The City shall provide payment within forty-five (45) days of receipt of an invoice. If
the City objects to all or any portion of an invoice, it shall notify the Consultant and
reserves the option to only pay that portion of the invoice not in dispute. In that
event, the parties will immediately make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and
in accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details
of its work, the City being interested only in the results obtained under this
Agreement.
Thunderbirds Advertising Contract 1
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for
a business deduction for federal income tax purposes that existed before the
City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required by
Consultant's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause,
upon providing the other party thirty (30) days written notice at its address set forth on the
signature block of this Agreement. After termination, the City may take possession of all records
and data within the Consultant's possession pertaining to this project, which may be used by the
City without restriction. If the City's use of Consultant's records or data is not related to this project,
it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of
the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection
with the Consultant's performance of this Agreement, except for that portion of the injuries and
damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and
the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend,
indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall
be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE IND MNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
Thunderbirds Advertising Contract 2
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE
PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of
the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall
belong to and become the property of the City. All records submitted by the City to the Consultant
will be safeguarded by the Consultant. Consultant shall make such data, documents, and files
available to the City upon the City's request. The Consultant acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of
Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's
duties and obligations under the Public Records Act. The City's use or reuse of any of the
documents, data, and files created by Consultant for this project by anyone other than Consultant on
any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be subject
to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in
the performance of the contract work and shall utilize all protection necessary for that purpose. All
work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or
damage to materials, tools, or other articles used or held for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any
of the covenants and agreements contained in this Agreement, or to exercise any option conferred
by this Agreement In one or more instances shall not be construed to be a waiver or relinquishment
of those covenants, agreements or options, and the same shall be and remain in full force and
effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle
Thunderbirds Advertising Contract 3
any dispute, difference or claim arising from the parties' performance of this Agreement, the
exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively
under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all
its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including
all appeals, in addition to any other recovery or award provided by law; provided, however, nothing
in this paragraph shall be construed to limit the City's right to indemnification under Section VII of
this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the date
of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement or such other address as may be hereafter
specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any
assignment, the terms of this Agreement shall continue in full force and effect and no further
assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the
City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with
any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other
representative of the City, and such statements shall not be effective or be construed as entering
into or forming a part of or altering in any manner this Agreement. All of the above documents are
hereby made a part of this Agreement. However, should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement
or accruing out of the performance of those operations.
I. Public Records Act. The Consultant acknowledges that the City is a public agency
subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and
documents, notes, emails, and other records prepared or gathered by the Consultant in its
performance of this Agreement may be subject to public review and disclosure, even if those records
are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate
fully with the City in satisfying the City's duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter
5.01 of the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in
any number of counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement. Further, upon executing this Agreement, either party may deliver
the signature page to the other by fax or email and that signature shall have the same force and
effect as if the Agreement bearing the original signature was received in person.
Thunderbirds Advertising Contract 4
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and
prior to its effective date are ratified and affirmed, and the terms of the Agreement shall
be deemed to have applied.
CONSULT
ANT: CITY OF KENT:
By: B
C er Jason Thomsen
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DATE: rl�l DATE: 7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Jason Thomsen Ben Wolters
Thunderbird Hockey Enterprises, LLC City of bent
625 West James St 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
(253) 239-9613 (telephone) (253) 856-5703 (telephone)
APPROV�D". TO FORM:
K nt L,w Department
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Thunderbirds Advertising Contract 5
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As
such all contractors, subcontractors and suppliers who perform work with relation to this Agreement
shall comply with the regulations, of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding. If
any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. 1 have read the attached City of Kent administrative policy number 1.2.
2. During the time of this, Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
1 During the time of this Agreement the prime contractor will provide a written statement to all
new employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above,
By signing below, I agree to fulfill the five requirements referenced above,
By:
For:
Title: VLti, D4,
Date:
EEO Compliance Documents
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment
as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract and
subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO Compliance Documents 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was
entered into on the (date), between the firm I represent and the City
of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of
Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy
that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO Compliance Documents 3
EXHIBIT A
SCOPE OF WORK
The Total Net Package Price of this Agreement is$59,400.00.
This Agreement runs from May 1, 2017 through May 2018.
TEAM BUS,- (Package Price - $18,000)
Advertiser will receive logo placement on the back of the Team bus. All signage elements must
meet with signage standards set by the Team and must receive design approval by the Advertiser
before production and installation. This element will begin with the wrapping of the Team bus for
the 2017-18 Season.
WEBCAST- (Package Price - $10,000)
Advertiser will receive logo placement on the Team's webcasts that originate from the Team's Arena.
All signage elements must meet with signage standards set for by the Arena and the Team.
PRINT AT HOME- (Package Price - $2,400)
Advertiser will receive One (1) print at home ad space on the bottom of all print at home tickets for
the Team's Home Games. All signage elements must meet with signage standards set for by the
Arena and the Team.
DASHER BOARD SIGNAGE - (Package Price - $12,000)
Advertiser will receive Two (2) dasher board ads placed in mirror image. All signage elements must
meet with signage standards set for by the Arena and the Team.
PROMOMONAL. NZGHTS- (Package Price - $0)
Advertiser will have Two (2) promotional nights each season. On each of these nights the Advertiser
will receive One (1) table on the concourse in which to hand out information and promotional
materials. Any cost associated with the information or promotional materials are outside of this
Agreement and are the sole responsibility of the Advertiser. The details of these nights will be
finalized by August 1st of each year for the upcoming season.
VIDEO SCOREBOARD - (Package Price - $2,500)
Advertiser will have One (1) thirty second "in house"television commercial that will run on the video
scoreboard at Team's Home Games. Advertiser will provide a broadcast ready commercial to the
Team to be played on the video scoreboard.
PROGRAM- (Package Price - $0)
Advertiser will receive One (1) half-page ad in the Team's digital game night program.
RADIO - (Package Price - $8,500)
All 72 Regular Season and Playoff Games are broadcasted on Thunderbirds Radio. Advertiser will
provide broadcast ready radio spots to the Team. Your radio package includes:
- Four (4) :30 second commercials for each of the Team's games broadcast on the radio
- One live read during each game
Exhibit A 1
- Inclusion in the Opening and Closing Billboards
TELEWSiON - (Package Price - $6,000)
The Team will have Eight (8) televised games. Advertiser will provide broadcast ready television
spots to the Team. Your television package includes:
- Two (2) :30 second commercials for each of the Team's games broadcast on television
- One (1) Segment Sponsor each broadcast
- One (1) Feature Sponsor each broadcast
- One (1) :60 second "Featurette" during one game in the season.
WEB - (Package Price - $0)
TEAM WEBSITE - The Advertiser's logo will be placed on the partnership page of Team's website.
In addition, Team will link Advertiser's logo back to Advertiser's website.
Exhibit A 2
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, their agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or
a substitute form providing equivalent liability coverage. Ifnecessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01. The City shall be named as. an Additional Insured under the Consultant's
Commercial General Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 it 85 or a substitute
endorsement providing equivalent coverage,
3.Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident.
2. Commercial General Liability Insurance shall be written with limits no less than
$2,000,000 each occurrence, $4,000,000 general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any
Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess
of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled
by either party, except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except Professional
Liability) as respects work performed by or on behalf of the Consultant and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is macie or
suit is brought, except with respects to the limits of the insurer's liability.
Exhibit B 1
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the same insurance requirements as stated herein for the Consultant.
(Rest of page left intentionally blank)
Exhibit B 2
ACO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYY1r77/19/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must 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 andorsement(s).
PRODUCER NAMNT E:CT Julie Emery
Bell Anderson Agency, Inc. PHONE (425)291-5200FAX
C No;(425)291-5100
600 SW 39th St, Suite 200 E-MAIL
E-Dss:JulieE@bell-anderson.com
INSURERS AFFORDING COVERAGE NAIC 0
Renton WA 98057 INSURER A:Philadel hia Indemnitv Insurance
INSURED INSURER s:Philadel his Insurance Co
Thunderbirds Hockey Enterprises LLC INSURERC:
DBA: Seattle Thunderbirds INSURERD:
625 W James Street WSURERE:
,Kent WA 98032 INSURERF:
COVERAGES CERTIFICATE NUMBER-CL1771924242 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF I MIDDY EXP LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A CLAIMS-MADE �OCCUR O N ED 100,000
REMISES Ea ENcurrence $
X Y PHPH1572603 10/27/2016 10/27/2017 MED EXP(Any one Person) $ Excluded
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000
X POLICY jEpT F7 LOC PRODUCTS-COMPIOPAGO $ 3,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Ea accident $ 1,000,000
A X ANY AUTO BODILY INJURY(Per Person) $
ALL OWNED SCHEDULED PHPK1572603 10/27/2016 10/27/2017 BODILY INJURY(Per accident) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS dent
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
B EXCESS LIAR CLAIM AGGREGATE $ 51000,000
DED I X I RETENTION$ 10,000 PUM562351 10/27/2016 10/27/2017 $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PROPRIETORIPARTNEWEXECUTIVE ❑ NIA WA 9toP GAP E.L EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
A (Mandatory In NH) PBPR1572603 10/27/2016 10/27/2017 E.L.DISEASE.EA EMPLOYEE $ 1,000,000
N yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached If more space Is required)
The certificate holder is additional insured per the attached endorsement #PIGLDPS 1212. Waiver of
subrogation per the attached endorsement #CG2404 1093. Primary 6 non-contributory coverage per the
attached endorsement #PIAM021 0806.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 Fourth Ave S ACCORDANCE WITH THE POLICY PROVISIONS.
Kent, WA 98032
AUTHORIZED REPRESENTATIVE
Andrew Hoven/NCS
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
IN8025 on-I4nt t
PI-GLD-PS (12/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY DELUXE ENDORSEMENT:
PROFESSIONAL SPORTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for
the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms, conditions and
limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on
this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this
endorsement. For complete details on specific coverages, consult the policy contract wording.
Coverage Applicable Limit of Insurance Page#
Damage to Premises Rented to You $1,000,000 2
Expected or Intended Injury— Property Damage Included 2
Pesticide or Herbicide Applicator Coverage Included 2
Non-Owned Watercraft Less than 58 feet 2
Personal Property in Your Care Custody or Control $5000 3
Limited Broadcasting Coverage Included 3
Supplementary Payments—Bail Bonds $5,000 3
Supplementary Payment—Loss of Earnings $1,000 per day 3
Employee Indemnification Defense Coverage $25,000 3
Who Is an Insured Included 4
Additional Insured—Newly Acquired or Formed Organization
Additional Insured—Broadened Named Insured
Additional Insured—When Required by Contract
Additional Insured—Grantor of Franchise
Duties in the Event of Occurrence,Claim or Suit Included 4
Unintentional Failure to Disclose Hazards Included 5
Transfer of Rights of Recovery Against Others To Us Clarification 5
Liberalization Included 5
Bodily Injury—includes Mental Anguish Included 5
Employee Redefined Included 5
Personal and Advertising Injury—includes Abuse of Process, Included 5
Discrimination
Page 1 of 6
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0 2012 Philadelphia Consolidated Holding Corp.
PI-GLD-PS(12/12)
A. Damage to Premises Rented to You
If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part:
1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the
greater of:
a. $1,000,000; or
b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit.
This is the most we will pay for all damage proximately caused by the same event,whether such
damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective
systems or any combination thereof;
2. The word fire is changed to fire, lightning,explosion, smoke, or leakage from automatic fire
protective systems where it appears in:
a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions;
b. SECTION III—LIMITS OF INSURANCE, Paragraph 6.;and
c. SECTION V—DEFINITIONS, Paragraph 9.a.;and
3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or
leakage from automatic fire protective systems where it appears in SECTION IV—
COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance,
Paragraph b.Excess Insurance.
B. Expected or Intended Injury— Property Damage
SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, Subsection 2.Exclusions, Paragraph a. is deleted in its entirety and replaced by the
following:
a. Expected or Intended Injury
"Bodily injury"or property damage"expected or intended from the standpoint of the insured.
This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of
reasonable force to protect persons or property.
C. Pesticide or Herbicide Applicator Coverage
With respect to maintenance of the facilities owned or leased to you, SECTION 1—COVERAGES;
COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,f.
Pollution, Paragraph(1)(d)does not apply if the operations meet all standards of any statute,
ordinance, regulation or license requirement of any federal, state or local government which apply to
those operations. However, Paragraphs(i), (ii)and (iii)apply regardless.
D. Non-Owned Watercraft
SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY, 2. Exclusions,g.Aircraft,Auto Or Watercraft, Paragraph(2)is deleted in its entirety
and replaced by the following:
Page 2 of 6
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0 2012 Philadelphia Consolidated Holding Corp.
PI-GLD-PS (12112)
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge;
This provision applies to any person,who with your consent, either uses or is responsible for
the use of a watercraft. This insurance is excess over any other valid and collectible
insurance available to the insured whether primary, excess or contingent.
E. Personal Property in Your Care,Custody or Control
SECTION I—COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE
LIABILITY,2. Exclusions,j.Damage To Property, Paragraph(4)does not apply.
However, the most we will pay on behalf of the insured, under this extension is$5,000 per
"occurrence." This limit is included in, and not in addition to the limits shown in the Declarations.
F. Limited Broadcasting Coverage
SECTION I—COVERAGES;COVERAGE B.PERSONAL AND ADVERTISING LIABILITY,2.
Exclusions,j.Insureds In Media and Internet Type Businesses, Paragraph(1) is deleted in its
entirety and replaced with the following:
(1) Advertising, broadcasting (not including the broadcasting of team games, pre-game
shows, or post-game shows by the team's employed announcers), publishing or
telecasting.
G. Supplementary Payments
SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, Items 1.b.
and 1.d. are amended as follows:
1. b.is deleted in its entirety and replaced by the following:
1. b. Up to$5,000 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We
do not have to furnish these.
1.d.is deleted in its entirety and replaced by the following:
1. d. All reasonable expenses incurred by the insured at our request to assist us in the
investigation or defense of the claim or"suit", including actual loss of earnings up to $1,000 a
day because of time off from work.
H. Employee Indemnification Defense Coverage
Section I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended
to include the following:
We will pay, on your behalf, defense costs incurred by an"employee" in a criminal proceeding
occurring in the course of employment.
Page 3 of 6
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C 2012 Philadelphia Consolidated Holding Corp.
PI-GLD-PS(12/12)
The most we will pay for any"employee"who is alleged to be directly involved in a criminal
proceeding is$25,000 regardless of the numbers of"employees", claims or"suits" brought or
persons or organizations making claims or bringing"suits."
I. Who is an Insured
SECTION II—WHO IS AN INSURED is amended as follows:
1. Newly Acquired or Formed Organization
If coverage for newly acquired or formed organizations is not otherwise excluded from this
Coverage Part, Paragraph 3.a.is deleted in its entirety and replaced by the following:
a. Coverage under this provision is afforded until the end of the policy period.
2. Each of the following is also an insured:
a. Broadened Named Insured—Any organization and subsidiary thereof which you control and
actively manage on the effective date of this Coverage Part. However, coverage does not
apply to any organization or subsidiary not named in the Declarations as Named Insured, if
they are also insured under another similar policy, but for its termination or the exhaustion of
its limits of insurance.
b. Blanket Additional Insureds When Required by Contract—Any person or organization
where required by a written contract executed prior to the occurrence of a loss. Such person
or organization is an additional insured for"bodily injury,""property damage"or"personal and
advertising injury" but only for liability arising out of the negligence of the named insured. The
limits of insurance applicable to these additional insureds are the lesser of the policy limits or
those limits specified in a contract or agreement. These limits are included within and not in
addition to the limits of insurance shown in the Declarations.
c. Grantor of Franchise—Any person or organization with respect to their liability as the
grantor of a franchise to you.
J. Duties in the Event of Occurrence,Offense,Claim or Suit
1. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2.a.the requirement that
you must see to it that we are notified as soon as practicable of an"occurrence"or an offense,
applies only when the"occurrence"or offense is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;or
c. An"executive officer"or insurance manager, if you are a corporation.
2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2. b.the requirement
that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be
considered breached unless the breach occurs after such claim or"suit' is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;or
c. An"executive officer"or insurance manager, if you are a corporation.
Page 4of6
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0 2012 Philadelphia Consolidated Holding Corp.
PI-GLD-PS (12/12)
K. Unintentional Failure To Disclose Hazards
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 6. Representations
is amended to include the following:
It is agreed that, based on our reliance on your representations as to existing hazards, if you
should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of
this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure.
L. Transfer of Rights of Recovery Against Others To Us
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8.Transfer of
Rights of Recovery against Others to Us is deleted in its entirety and replaced by the following:
If the insured has rights to recover all or part of any payment we have made under this Coverage
Part, those rights are transferred to us.The insured must do nothing after loss to impair them. At
our request,the insured will bring"suit"or transfer those rights to us and help us enforce them.
Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a
loss, provided the waiver is made in a written contract.
M. Liberalization
SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,is amended to include the
following:
If we revise this endorsement to provide more coverage without additional premium charge,we
will automatically provide the additional coverage to all endorsement holders as of the day the
revision is effective in your state.
N. Bodily Injury—Mental Anguish
SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following:
"Bodily injury":
a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish
resulting from any of these; and
b. Except for mental anguish, includes death resulting from the foregoing(Item a.above)at any
time.
O. Employee Redefined
SECTION V—DEFINITIONS Paragraph 5. is deleted in its entirety and replaced by the following.
"Employee" includes a"leased worker." "Employee" also includes rostered players, mascots,
managers, cheerleaders and coaches.
"Employee"does not include a"temporary worker."
P. Personal and Advertising Injury—Abuse of Process,Discrimination
If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not
Page 5 of 6
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0 2012 Philadelphia Consolidated Holding Corp.
PI-GILD-PS (12/12)
otherwise excluded from this Coverage Part,the definition of"personal and advertising injury" is
amended as follows:
1. SECTION V—DEFINITIONS, Paragraph 14. Item b. is deleted in its entirety and replaced by the
following:
b. Malicious prosecution or abuse of process;
2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following:
"Personal and advertising injury"also means discrimination based on race, color, religion, sex,
age or national origin, except when:
a. Done intentionally by or at the direction of, or with the knowledge or consent of:
(1) Any insured; or
(2) Any executive officer, director, stockholder, partner or member of the insured;
b. Directly or indirectly related to the employment, former or prospective employment,
termination of employment, or application for employment of any person or persons by an
insured;
c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental,
lease or sub-lease of any room,dwelling or premises by or at the direction of any insured;or
d. Insurance for such discrimination is prohibited by or held in violation of law, public policy,
legislation, court decision or administrative ruling.
The above does not apply to fines or penalties imposed because of discrimination.
Page 6 of 6
Includes copyrighted material of Insurance Services Office, Inc.,with its permission.
C 2012 Philadelphia Consolidated Holding Corp.
PI-AM-021 (08/06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGES IN OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4.Other
Insurance is deleted in its entirety and replaced with the following_
4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this
Coverage Part, our obligations are limited as follows.-
This insurance shall be excess of any other valid and collectible insurance.
All other terms and conditions remain unchanged.
Page 1 of 1
POLICY NUMBER: PHPK1572603 COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Any person or organization where required by a written contract that was
executed prior to the occurrence of a loss,
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMER-
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or'your work' done
under a contract with that person or organization and included in the "products-completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0
' Please Fill in All ApphIcaf�lle Boxes
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Date Sent. 81,04/17 Grate of Council 'real: /A
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Document to Tanya Kesen (On1 V regWred on contrgct q 1 „1100 over o on any Grant
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D tO,Reg_nr d.ASA � . . .. .... _ ., Date, of Approval, from Rlsk aq_a�er
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Contract for indu lrun of Cjiy rnairketing alopg with Thunderbirds advertising.
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(This area to Ibe campnebdd by he L w nepai t ent)
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Law DepartKIENTOLAW
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Law Dept, Comments,
[date Forwarded to lMayer; s
Shaded Areas To Be Completed By Administration Staff
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