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HomeMy WebLinkAboutEC18-195 - Original - Thunderbirds Hockey Enterprises LLC - Advertising with Thunderbirds - 05/11/2018 T Records Management Document CONTRACT COVER SHEET 1­11iiis ils to II)e cornplieted Iby the Contract Mainager Ipriioir to submiissiion to the Ciity C11eirk's Office. A1111 poirCions are to Ilse complIeted.. .If you have quesfloins, please corotact the Ciity Clerk's Office at 253 856 5725.. F] Blue Sheet Attached Pink Sheet Attached Vendor Name: Thunderbirds Hockey Enterprises, LLC ......... ......... ... ...... ... ............................ Vendor Number (JDE): Contract Number (City Clerk)- Category: Contract Agreement Sub-Category (if applicable): Project Name: Kent Advertising with Thunderbirds Contract Execution Date: date signed by Mayor Termination Date: May 30, 2019 Contract Manager: Michelle Wilmont IDe Ilia rtim e nt:: Choose cm itern Contract Amount: 61,704.00 Approval Authority: E] Director Z Mayor F City Council Date of Notice of Contract Email Sent: Other Details: For anv auestions about this; please contact Tanva Kosen 5461 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: See Exhibit A for detailed 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, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Sixty-Ore Thousand Seven Hundred Four and 00/100 Dollars ($61,704.00), 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. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. Thunderbirds 1 2018-2019 Season I 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 INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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 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 Thunderbirds 2 2018-2019 Season 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. Recyclalole__Materi . 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. 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. &jgjqtlon of Disputes and Govern rig_q w. 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 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. Thunderbirds 3 2018-2019 Season D. `J4!'rltien Nyytic, 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. Mg_O1f1,eafil2n. 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. Enthre 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. QQ,LLDpiidnLg with ,. 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. hiblic�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. Qit Buslnes� L.lons Re,gllrQ . 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. Consultants City of Kent business license is attached as Exhibit C. K. cpwaterpoJ _ n l.,_nS.gn_pf r try F ,x...5fr_Emil. 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. (Remainder of page intentionally left blank - signatures on following page) Thunderbirds 4 2018-2019 Season 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. __....__..�_-_ ... --- . -.-_ w._-....._ .__...__._ ---- . CONSULTANT: CITY OF KENT: ti SY '� (signature) (signature) Print N6me Jason Thomsen Print Name:. Dana RaIDh Its )7.ire _.P..(.,.E3asiness.DJvg14l" J -m. .... Its ---- ._.......... Date: z Date: � �...... ._ � _� ...., . ,. ------- ..... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO. CONSULTANT: CITY OF KENT: Jason Thomsen Michelle Wilmot Thunderbirds Hockey Enterprises, LLC City of Kent 625 West James St 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-239-9613 (telephone) (253) 856-5709 (telephone) _ _- ..... ....... ..... ........... AppROIdEAAS FORM. ` y K t La DeparkmenC __ ._....._ A EST: ..Kent Ivity Clerk_ Thunderbirds 5 2018-2019 Season 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. I 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. 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 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. r B For: d ; Title: .::.... r _,,, f�] k _ ,LL t d.. Date„ / Thunderbirds 1 EEO Compliance Documents CITY OF KENT ADMINISTRATIVE POLICY I 1 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. Thunderbirds 2 EEO Compliance Documents 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: Thunderbirds 3 EEO Compliance Documents EXHIBIT A SCOPE OFWORK TTh iqtol ft po!vkog.g.mf'U 2 tV15 dam:M9VOMIOL704, This Aelreenaer r frwgrn 1ua2e 1®Z0Mmtbmar 1i_M@y__1L -M 7EAM_f3.tJ��.,- (Package Price - $19,000) Advertiser will receive logo placement on 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 2018- 19 Season. 1 C,RCA5f- (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. ERINT AT HOME - (Package Price - $3,000) 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 - $12,500) 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. (Package Price - $0) Advertiser will have Three (3) 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 Vt of each year for the upcoming season. �}60jCO ROQABp - (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. f?RC7G�,, (Package Price - $0) Advertiser will receive One (1) half-page ad In the Team's digital game night program. TEIF„Wf510N - (Package Price - $6,500) The Team will have a minimum of Eight (8) games on broadcast television. Advertiser will provide broadcast ready television spots to the Team. Your radio 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 Exhibit A 1 - One (1) :60 second "Featurette" during one game in the season RADIO - (Package Price - $7,700) All Regular Season and Playoff games are broadcasted on Thunderbirds Radio. Advertiser will provide broadcast ready radio spots to the Team. The Advertiser's 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 - Inclusion in the Opening and Closing Billboards WEB - (Package Price - $0) 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. TICKETS - (Package Price - $504) The Advertiser's will receive twenty-four (24) Premium Flex ticket vouchers. Each ticket voucher is good for one Premium Ticket. Advertiser will receive the best seat available at time of redemption and is subject to availability. Vouchers must be redeemed at the Arena box office during normal business hours. Exhibit A 2 EXHIBIT B SURANCE REQUIREMENTS FOR CON'SUITANT 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. / Li rgpbile 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. _CSMmqrcLal_aener§LLipl 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 11 8S or a substitute endorsement providing equivalent coverage, 3. �tlmpenspkign_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 $1,000,01DO per accident. 2. CQmrnercirll 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 C Ifma ig qf 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 i D. Acceptability of Insurers i 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. (Remainder of page intentionally left blank) Exhibit B 2 T e DATE IMMIOOIYYYYI. CERTIFICATE OF LIABILITY INSURANCE 7/19r2017 t, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NT, Julie Emery f Bell Anderson Agency, Inc. "J"cC Ex1l (425)291-5200, I(Anq Nsk(425)2$1 slop 600 SW 39th St, Suite 200 AIMOkpax Juli*E@bell aderson.com INSUREH S)AFFORDING COVERAGE NAIC■ Renton WA 98057 IrisuRETt A.Philadelphia Indemnity Insurance INSURED IN6UREIRO'Philadelphia Insurance CO Thunderbirds Hockey Enterprises LLC INSURER a,: DBA: Seattle Thunderbirds INSURER a: 625 W James Street INSURERS: ......... _...... ....... .._..... __.. Kent WA 98032 IINSURERF. COVERAGES CERTIFICATE NUMBER:CLI7719242.42 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. INaeTYPE OF INSURANCE Au¢n 4iwe POLICY NUMBER POUICY EPF POLICY XP1 LIMITS „. _ IN X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ,., "DAMAGE TG RENitD A I CLAIMS MADE X OCCUR PRFMICFC lF � u 100,SOO,OD0 .ev. .... ... X Y PEPM1572603 10/27/2016 10/27/2017�MED EXP(MYono pere.n) $ Excluded PERSONAL A ADV INJURY S 1,000,000 GEN'L AGGREGATE LWITAPPLIES PER GENERAL AGGREGATE $ 3,000,000 X POLICY jr LOC PRODUCTS COMPIOP AGG 5 3,000,.000 I BOTHER AUTOMOBILE LIABILITY CCOADINED SWU t11 IIS 1,000,000 IL6 M,CdAgi) - l .. A X ANY AUTO BODILY INJURY(Per Pener) $ ALL OWNED PROPERTY SCHEOUuED PBPKI572603 110/27/2016 10127/2017�BODILYINJURY(Pwae dent) $ AUTOS NONAWN HIREDAI AUTOS ED PnOPERTY OAN"AirE $ X I X I X,f UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000.000 B EXCESS LIAe CIUMMs MADE AGGREGATE S 5,000.000„ nFn X �NGTFNTIONS 10 OOO PRt1a562351 10/27/2016 10/27/2017 $ (W AND EMPLOYERS'LAOILITY ORKERS COMPENSATION cTAn ITF FRH ANY PROPRIETOPoPARTNER/E%ECUTIVE YI—N1( NA Stop Gap EL EACH ACCIDENT 6 1,000,,,000 A OFFICEWMEMaER EXCLUDED? ('.NIA PHPK1572603 10/27/2016 10/27/2017 FYFICEl.rylo NHl J EL DISEASE-EA EMPLOYE 6 11 000a 000 OE6CRIPT4pN OF OPERATIONS bebw E L. FA DISEASE-POLICY LIMIT S 1 AAA.AAA DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1U1,Additional Remark.S.hedub,m.y be at4.h.d H more spec.1.requlretll 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 HDven/NC5 s •^- �'.w .•w'N�r _ - - - 01968-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 r�m.nn POLICY NUMBER: PHPK1572603 COMMERCIAL GENERAL LIABILITY CO 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 insurarice 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 2404 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 11 PI-AM-021 (08106) 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 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 i! Damageto Premises Rented to Vcu $1 000 000 ��..2 Expected or Intended Injury- Property Damage Included 2 - -----...--- __..__..__._...----- ..-- -------- 2-------------. Pesticide or HerLicide Apphwtor 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 $5,000 3 __................__..._......._._........_.........___ SupplementaryPayment-L oss of Earning --._ .-__._..._____ .__ ___$_1_., . 00._0r_p.e,_.r..,......,_,_,_,_,_.._,...............,_,_3...,_,_,..,_..-- Employee Indem_nifc.at.mn Def . en.s.._C.,_ $2fi.,.0.0.0...... ... .__...._....... 3 Who Is an Insured Included 4 Additional Insured-Newly Acquired or Farmed Organization Additional Insured-Broadened Named Insured Additional Insured-Wien 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 . .._.....s.�....._.m,.overt'Again____ ........,,....,,.,,,5 Transfer of Rights of Recovery Against Others To Us Clarification 5.,_.nna.. Liberalization Included 5 ____..._.......___w_..... _..�...___...__w_____. ._,..,......,______......______......._. ' ._............................_ 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission, 2012 Philadelphia Consolidated Holding Corp. i PI-GLD-PS (12/12) I A. Damage to Premises Rented to You i 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 1 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 I—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 fallowing: Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission 0 2012 Philadelphia Consolidated Holding Corp. I PI-GLD-PS (12J12) (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, I 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 AN D 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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. m 2012 Philadelphia Consolidated Holding Corp PI-GLD-PS (12112) 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, I 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, I 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"sult" 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 4 of 6 Includes copyrighted material of Insurance Services Office, Inc„with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) I 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. BodilyInjury—MentalAnguish 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 I Except for mental anguish, includes death resulting from the foregoing(Item a. above) at any time, O. Employee Redefined SECTION V—DEFINITIONS Paragraph S. 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. "Empinyee"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 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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. ©2012 Philadelphia Consolidated Holding Corp. EXHIBIT C CITY OF KENT BUSINESS LICNESE (See following page) Exhibit C 1 I City Kent Business License �^�•�KENT THUNDERBIRD HOCKEY ENTERPRISES,LLC 625 W JAMES ST '.. KENT,WA 98032-4406 Please fear of perforarion BUSINESS LICENSE ' `pLW A Iq local eeld c a J a Ina ml ul h -odud LICENSE MUST BE PAID ANNUALLY BY Nu 1715 far ull glallficd p J.ANUARY Ist TO AVOID PENALTY .1o,16RI n m�oily of KENTIssuance of License aoee Not Imply Lleenfee'i „1 .1 Compliance with Slate and Local L.wx THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 2018 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS 1J CA—r\9— BLC-2080370 'PHUNDERBIRDS HOCKEY ENTERPRISES, LLC MAYOR 625 W JAMES ST Tex Registration The City Of Kent KENT, WA 99032 Endorsement / REQUEST FOR MAYOR'S SIGNATURE NT Please Fill in All Applicable Boxes Originator:Tanya Kosen Phone (Originator): 5461 Date Sent: 5/an8 Date of Council Approval: NIA v Return Signed Date of Approval from Finance: Document to: Tanya Kosen (Only required on contracts $10,000&over or on any Grant A ieements) _5/4/18 Date Required:ASAP Date of A proval from Risk Manama eir_5/2/18 I Vendor Name: ,. Budgeted: YES ® NO ElThunderbirds Hockey Enterprises, LLi Budget Fund: LTAC Budget Contract for Mayor's signature b facts Must Be Routed Through The Law Department ( ` to be completed b e law Department) Received: MAY 4 2018 Law Dep t poved as to Form: AW Law Dept. Comments: P a Date Forwarded to Mayor, Shaded Areas To Be Completed By Administration Sta i '� 1 as Received: � ��' P Recommendations and Comments: 'fd Of Date Returned: ���/� f" ih