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HomeMy WebLinkAboutL18-087 - Original - Billy McHales - Hogan Park Permanent Structure Concession Agreement - 03/01/2018 • CITY CLERK KE N CITY OF KENT T W�5 H I N G.0 N 220 4'h Avenue South Kent, WA 98032 Fax: 253-856-6725 PHONE: 253-856-5725 Lease Agreement Cover Sheet This document is to be used in lieu of the Contract Cover Sheet SECTION 1 - CONTRACT PROCESSING AND TENANT SET-UP: Contract Number: L1,16 -0'31 1. Responsible Department/Division: Parks - Recreation 2. Contact Person and Title: David Heldt, Program Coordinator (Julie Romano, System Support) Telephone Extension: 5004/5001 3. Tenant (Customer) Name: Billy McHale's; Jim Ross 4. Tenant (Customer) Number: 1005513 5. General Ledger Account Number: 10006210�56280.4210 6. King County Tax Parcel Number: 7, Address of Parcel: Hogan Park at Russell Road, Fields 1-5 8. Type of Lease: Concession Agreement - Permanent Structure 9. Council Authorization Date: 10. Mayor Signature Date: 02-21-18 (Signed by Lori Hogan) SECTION 2 - LEASE DURATION AND IMPORTANT DATES: 11. Lease Start Date: 03/01/2018 12. Tenant Lease Option Renewal Notification Due Date: End of Each Term 13. Lease Termination Date: 10/31/2018 14. Lease Duration: 245 Days SECTION 3 - RENT DETERMINATION AND DUE DATE: 15. Rent: 18% of Gross 16, Rent Due Date: 10th 17. Calculation of Rental Increase(s): Lease Agreement Cover Sheet—Page 1 of 2 SECTION 4 - LEASEHOLD EXCISE TAX: 18. Is this lease subject to leasehold excise taxes? ® YES (go to Question 19) ❑ NO, reason: 19. Are leasehold excise taxes for this tenant centrally assessed, i.e. directly collected from the tenant by the Washington State Department of Revenue? ❑ YES (attach written verification received directly from DOR or indirectly through the tenant, e.g. DOR notification letter) ® NO (go to Question 20) 20. Does Lease Rent include Leasehold Excise Tax? (Leasehold taxes must be broken out on the invoice and coded: Business unit.32500.0303) ® YES Calculate the leasehold excise tax (Stated Rent divided by 1.1284) ❑ NO Calculate the leasehold excise tax (Stated Rent times .1284) SECTION 5 - APPLICABLITY OF UTILITIES: 21. Applicability of Utilities - Check all that utilities that are affected and indicate provider (e.g. City of Kent), Account Number or basis of exclusion. ® Does Not Apply ❑ Water: ❑ Sewer: ❑ Drainage: ❑ Garbage: ❑ Electricity/Natural Gas: SECTION 6 - MONETARY PENALTIES AND LATE INTEREST CHARGES: 22. Monetary Penalties: 50/b 23. Late Interest: 1% SECTION 7 - OTHER LEASE CONSIDERATIONS: Special lease considerations, e.g. non-monetary rent, etc ® None (check box if no considerations) Lease Agreement Cover Sheet—Page 2 of 2 . ^ ' CITY OF KENT CONCESSION AGREEMENT-Permanent Structure THIS AGREEMENT is made and entered into by and between the City of Kent, a Washington municipal corporation, (the "City"), and Billy McHahes O|rn Ross (353) 839-4200l, 1320 S. 324 m St, S,u|teA1O, Federal Way, VV/\ 98QU3, ("Concessionaire"). AGREEMENT 1. Grant of Concession. The City grants to Concessionaire the right and privilege to sale food, beverage, merchandise, and other goods, products and services within, the limits of Hogan Park at Russell Road Fields 1 5, City of Kent' County of King, State of Washington. This right applies to all events, with the exception, at C|ty~s sole discretion, of certain events where organizers may be allowed to bring in additional vendors during large national tournaments and/or special events, in order to meet the needs of their event (see Exhibit /\, Schedule ofEvents\. 2. Term of Agreement. The term of this agreement shall commence March 1, 2018 and end October 31, 2018 with an option to renew for additional one (1) year terms at the end of each term, by mutual' agreement of the parties in writing. 1 Termination of Agreement. The failure on the part of CDmcessioOaire._to comply with any of the provisions ofthis agreement, or the failure to obey, perform or to comply with local, state or federal laws, rules, regulations or requirements now existing or hereinafter enacted, shall be grounds for the City to terminate this agreement and revoke its grant of all rights of Concessionaire under this agreement. The City expressly reserves the right and power to terminate this agreement upon giving Concessionaire ten (10) days advance written notice for cause as set forth herein, and Concessionaire expressly waives the right to claim or recover any damages on account of such termination against the City, its officers, officials, employees, agents and volunteers. The City may order Concessionaire tocease operations hereunder immediately at any time should the City, in its sole discretion, determine that Concessionaire's operation is detrimental to public safety, health or welfare. Upon expiration of this agreement or upon prior termination thereof Concessionaire agrees to promptly cease to operate the point of sale concession at the location specified herein, without any right or claim to reimbursement, compensation, or remuneration: of any kind. Notwithstanding the foregoing, either party may terminate this agreement with ninety (90) days' notice to the other party in writing. 4. Payment for Concession. Concessionaire shall pay to City 18 % of its monthly gross receipts, excluding Washington State sales tax, from the concession privileges granted by this agreement as described in Section 1. Pursuant to Chapter 8I.29A RCVV, Concessionaire shall also pay to the City state leasehold excise Lax (12.849b) as applicable and in addition to rent due Lo the City. Concessionaire shall make payment to the City for each calendar month of operation, said payment being doe and payable no later than the tenth (10m) of the following, accompanied by a signed and certified written report for the prior calendar month period of all Gross Receipts for such period in a form reasonably approved by the City. AN payments shall be paid or delivered to: City of Kent Finance Department Customer Services D|V|SiQO 220 Fourth Avenue South Kent, WA 98032 5895 ^ In addition, O Copy of the written report shall be delivered to the City of Kent Parks Department at the above noted address by the tenth (10") of each month. If any payment due uinder this Agreement is not paid to the City within ten /10l days after the date specified, a one-time |obe charge of five percent (5%) of the payment due shall be added to the payment aso penalty, and the total sum shall become immediately due and payable. Any amount remaining unpaid by the first day of the month following the due date for payment (i.e. appruxirnabe1yZO days late) shall bear interest atthe msbe of one percent (196) per month. The Concessionaire shall maintain records respecting that activity which truly, completely, and accurately disclose all information necessary LV determine the Concessionaire's rent liability hereunder during each reporting period. Such records shall be kept and maintained for period of not less than three (3) years. All books, records, and other items, required to be kept and maintained under this section shall be subject to, and immediately made available for inspection and audit at any time, with or without notice, at the place where such records are kept upon the demand of the finance director or his or her designee. Any amount clue and unpaid under this Agreement and all penalties, service charges, or fees shall constitute a debt to the city. The city may, pursuant to Chapter 19'16 RCVV, use a collection agency to collect outstanding debts, or it may seek C0||8[tiOn by court proceedings, which remedies shall be in addition to all other existing remedies. 5. Rules Governing Concession Operation. Concessionaire agrees to comply with the following pmovis|ons. Violation of any of these provisions in C|ty's sole discretion shall constitute cause to terminate the agreement with ten (10) days' notice pursuant to Section 3Terrninotion of Agreement: a. The location of Concessionaire's point(s) of sale, methods of sale, and prices charged for commodities sold under this agreement are subject to the supervision, direction and approval of the City. The City expressly reserves the right to make rules, regulations and requirements relating to the management ofany and all of the locations operated by the Concessionaire under this agreement, including the regulation and prices at which commodities handled or dispensed by the Concessionaire shall be sold to the public. b. Concessionaire shall pay $200.00 cleaning deposit fee to the City. The cleaning deposit fee will be retuirned to Concessionaire within 21 days of termination of this agreement, provided Concessionaire cleans the concession area tu the satisfaction of the City. Any cleaning or waste disposal deemed necessary to be performed by the City will beat Concessionaire's sole expense. Concessionaire will be required to timely reimburse the [ULy for any cleaning or disposal expense it incurs, and the City may retain Concessionaire's cleaning deposit to offset any such expense. C. Concessionaire shall not establish any point of sale that inte,rferes with on-field events or spectator viewing of events. d. Concessionaire shall' furnish aU| necessary equipment to store, prepare, cook and hold all items of n perishable nature in accordance with King County Health Department rules and regulations. Page e. Concessionaire shall not permit any lewd or immoral conduct in or about the concession area. All persons working in the concession area shall present a neat and clean appearance. f. Concessionaire shall keep the general area around the designated point of sale clean; i.e., keep all bottles, cans, papers and refuse picked up from the area. Upon any failure to do so, after written notice by the City, the City reserves the right to clean the area and charge labor costs to the Concessionaire. g. Concessionaire shall permit any authorized officer or employee of the City to have free access to the concession area at any and all times to ensure compliance with the agreement. h. Concessionaire shall not serve, handle or otherwise possess or store alcoholic beverages or tobacco products of any kind in the concession area. i. A radio or musical device for entertainment may be used by the Concessionaire in the point of sale area; provided, however, that any radio or musical device shall be operated at reduced volume so it cannot be heard at a distance of more than 100 feet from the concession area. j. All deliveries of merchandise shall be made at a time so as not to disrupt scheduled activities. k. Concessionaire shall devote as much time to this concession as may be necessary to provide first-class service to the patrons. Concessionaire shall be open for business seven days per week, while scheduled activities are in progress. All closures, regardless of the circumstances, must be approved by the City; provided, however, that approval shall not be required when any scheduled event has been canceled due to any local, state, or national disaster or force of nature. I. Calling out of wares shall be done in such a manner so as to not interfere with the scheduled event in progress, and no unnecessary loud noises will be permitted. No advertisement, sign, notice, poster or other advertising of any kind or character whatsoever shall be placed, affixed, distributed and/or used in the concession area without prior approval of the City. m. At the expiration of the term of this agreement, or upon the termination thereof the Concessionaire shall remove all concession products and supplies from the assigned concession building within 21 days. 6. 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 Chapter 51.08 RCW, the parties make the following representations: a. Concessionaire 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. b. Concessionaire has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Concessionaire's services and is a service other than that furnished by the City, or Concessionaire is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Page 3 agreement. c. Concessionaire 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. d. Concessionaire has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Concessionaire's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. e. Concessionaire has a valid contractor registration pursuant to Chapter 18.27 RCW or an electrical contractor license pursuant to Chapter 19.28 RCW. f. Concessionaire maintains a set of books dedicated to the expenses and earnings of its business. 7. Indemnification. Concessionaire agrees to indemnify, defend 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 Concessionaire's performance of this agreement, except for that portion of injuries and damages caused by the City's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 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 Contractor 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 Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness Tess and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Discrimination. In the hiring of employees for the performance of work under this agreement or any sub-contract, Concessionaire, its sub-contractors, or any person acting on behalf of Concessionaire or its sub-contractor 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. Concessionaire shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of this agreement, file the attached Compliance Statement. Page 4 9. Permits and Insurance. It shall be the responsibility of the Concessionaire to obtain all food handling permits as required by the King County Health Department. Concessionaire shall obtain a comprehensive liability insurance policy with limits of not less than $1,000,000 for bodily injury, and $1,000,000 property damage and shall have a certificate of insurance issued to the CITY OF KENT naming the City as an additional insured. Such certificate shall cover all activities of the Concessionaire with respect to this agreement. The CITY OF KENT shall be provided with thirty (30) days notice prior to termination of such coverage by the insurer. 10. Taxes, Fees and Permits. The Concessionaire shall obtain and at all times maintain a current City of Kent business license. The Concessionaire shall promptly pay all taxes and fees for its operations to the appropriate collecting agencies. These taxes and fees include, but are not limited to, state leasehold excise tax, sales tax, and any other taxes imposed by governmental agencies pertaining to the Concessionaire's operations under this Agreement. 11. 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. 12. 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. 13. 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 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 alternate 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 limited the City's right to indemnification under Section 7 of this agreement. 14. 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 be 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. 15. 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. 16. 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 Concessionaire. Page 5 ` ^ 17. 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 oforaltering in any manner this agreement. AN 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. 10. Compliance with Laws. Concessionaire agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective Or in the future become applicable to Concessionaire's business, equipment and personnel engaged in operations covered by this agreement or accruing out of the performance of those operations. 19. Counterparts. 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 Agreement. This agreement shall become effective on the last date entered below. C,,O,N CITY; By: By: Lori Hogan Its: Its: Parks, Superi(� nt Datw� Date: Notices to be sent to Concessionaire: Notices to be sent to the City: Address: Address: Billy McHales City ofKent Parks, Recreation @k Attn: Jim Ross Community Services Attn: David E. He|dt, Parks Coordinator Federal Way, WA 98003 525 4 mAve Worth Kent, WA 980,32 Exhibit A Schedule of Events for Hogan Park at Russell Road Agreement The concessionaire agrees to be open for business for the following events: 1. Weeknight league games on 2 or more fields. • Concession stand must be open for business 15 minutes prior to the start of first game and remain open until the start of the last game of the night, usually 9:45 pm. • Weekly field matrix will be emailed week prior to each week. 2. Scheduled Tournament Play • Concession stand must be open for business 15 minutes prior to the first scheduled game and remain open until the start of the last game of tournament. • Tournament game matrix will be emailed Wednesdays prior to scheduled tournament. The following events will be allowed to bring in additional food and/or beverage vendors for their events: • June 21-24, 2018 USSSA Major Men's and Women's Event • July 23-27, 2018 USA/ASA Girls 16A National Tournament • August 3- 5, 2018 Morets & Momes Softball Event **Events Organizers may be allowed to bring in additional vendors during large national tournaments and/ or special events, in order to meet the needs of their events. Page 7 ' . DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State |avve regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this agreement shall cormpiy 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 mn 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 vvi||fu|Uy misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole cletermination regarding suspension or termination for all or part of the Agreement; The questions are asfollows: 1 . I have read the attached City mfKent 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. 3. 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 roe, the Prime Contractor, which the Prime Contractor complied with the requirements as set forth above. By sigining below, fulfill above. Dated this day of , 20 \ For: 6--P�tE-, Page 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. Page 9 BILLM-2 OP ID:1BP ,4`ORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYWY) w 0210112018 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 endorsements. PRODUCER CONTACT Brown&Brown of WA.Inc.(B) PHONE Brianne Palomino FAX 1507 4th Ave Suite 2400 AIc No Ext:206-956-1600 AJC No: 206-956-9600 Seattle,WA98101 ao E-MAIL b alomino bbseattle.com Brown 8 Brown of WA.,Inc.(B) INSURERS AFFORDING COVERAGE NAIC 0 INSURER A:OHIO SECURITY INSURANCE CO. 24082 INSURED T G Restaurants Llc INSURER B; Billy McHales 1320 S 324th St Ste A-10 INSURER C: Federal Way,WA 98003 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBF POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMIDDIYYYYI (MMIDDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE OCCUR X BKS57378257 09/04/2017 09/0412018 DAMAGE TO RENTE15— PREMISES Ea occurrence 5 1,000,00 MED EXP(Anyone person) S 15,00 PERSONAL&AOV INJURY 5 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S 2,000,00 POLICY PRO- JECT LOC PRODUCTS-COMPIOP AGO $ 2,000,00 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 5 1,000,00 A ANY AUTO BKS57378257 09/04/2017 09/04/2018 BODILY INJURY(Per person) $ ALL OS SCHEDULED BODILY INJURY(Per $ AUTOS AUTOS ( ! X HIRED AUTOS X AUTOS NON-OWNED PROPERTY D MA E AUTOS Peracudent S S X UMBRELLALIAB X OCCUR EACH OCCURRENCE 5 1,000,00 A EXCESS LIAR CLAIMS-MADE US057378257 09104/2017 09/04/2018 AGGREGATE S 1,000,00 DED I X I RETENTIONS 10000 S WORKERS COMPENSATION PER TH- AND EMPLOYERS'LIABILITY YIN STATUTE I I ER A ANY PROPRIETORIPARTNERIEXECUTIVE A STOP GAP 09/0412017 09/04/2018 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEd S If yes,descrtbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addlttonal Remarks Schedule,maybe attached if more apace is required) Events at Hogan Park 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 ACCORDANCE WITH THE POLICY PROVISIONS. do Kent Parks, Recreation &Community Services AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent,WA 98032-5895 _ - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 M S EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 m "- KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 a LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does 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 by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, 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-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing.- Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 ti b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or '—� (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 bonds. 2. Paragraph 1.d. is replaced by the following: ° 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 $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an 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 injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property 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 existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(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 any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. 2 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or 'property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure 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 or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 14 g d. "Bodily injury" or'property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(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 any 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 organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; x whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises 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 primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement 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 insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily 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 course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker' as a 0 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 the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II-Who Is An Insured is replaced by the following: 3. Any organization you 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 the policy period in ^� which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you s acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". s N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8