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HomeMy WebLinkAboutCAG2021-120 - Original - Thunderbirds Hockey Enterprises, LLC - Lodging Tax Grant Agreement - 06/01/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached Lodging Tax Grant Agreement KENT W.SNINGTGN 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Thunderbirds Hockey Enterprises, LLC, a limited liability company (hereinafter the "Recipient"), located at 625 West James St, Kent, WA 98032, 253-239-9613. In consideration of the mutual promises identified herein, the parties agree as follows: 2. Revenue Award and Payment. The City awards lodging tax revenue in the amount of Forty-five Thousand Dollars ($45,000) to Recipient. The City shall issue lodging tax revenue to Recipient on a reimbursement basis. (Notwithstanding the foregoing, the City has the sole discretion to issue lodging tax revenue to the Recipient in a lump sum, in installments, or pursuant to any other reasonable method.) In order to obtain reimbursement, Recipient shall submit an invoice with supporting documentation to the Director of Economic and Community Development. 3. Use of Revenue. Recipient shall use the lodging tax revenue to benefit the City of Kent through: (1) business or leisure tourism marketing; (2) marketing and operations of special events and festivals designed to attract business or leisure travelers; or (3) supporting the operations of tourism -related facilities owned or operated by nonprofit organizations. "Tourism promotion" shall have the meaning set forth in RCW 67.28. RCW 67.28 defines tourism promotion to mean activities, operations, and expenditures designed to increase tourism, including but not limited to: a. advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; b. developing strategies to expand tourism; C. operating tourism promotion agencies; or d. funding the marketing of or the operation of special events and festivals designed to attract tourists. Furthermore, Recipient's tourism promotion activities, operations and expenditures shall be wholly consistent with the program or activities described in Recipient's application for lodging tax revenue, a copy of which is attached hereto, and incorporated by this reference as Exhibit A. If the Recipient's application and this contract conflict, the provisions of this contract shall control. If any grant funds remain unused as of the termination date below, or if Recipient fails, for any reason, to use the lodging tax revenue as required herein or by applicable law, or fails to perform its obligations under this contract, the Recipient shall, upon demand of the City, repay the lodging tax revenue to the City. Interest shall accrue at the Page 1 of 5 Lodging Tax Grant Agreement Thunderbirds Season 2020 - 2021 rate of twelve percent (12%) per year from the time the City demands repayment of the lodging tax revenue, and the City may use any method available to it by law to collect any such funds. 4. Marketing and Promotional Materials. All events and activities funded with lodging tax revenues must list the City of Kent as a sponsor. Recipient will feature either the City of Kent logo and web address (KentWA.gov) on business - related event marketing and promotional materials or the Visit Kent logo and web address (VisitKent.corn) if the activity is for leisure or entertainment purposes. Use of City logos and web addresses shall be consistent with City policies and procedures, and such policies and procedures are hereby incorporated into this agreement. Permission for the use of City logos may be revoked at any time by the City and such use shall not exceed the term of this agreement unless expressly permitted by the City. S. Term and Termination. This contract shall be effective June 1, 2020 and shall terminate once Recipient expends the lodging tax revenue or on May 31, 2021, whichever is earlier. The City may terminate this contract if the Recipient breaches this contract and then fails to cure the breach after the City provides written notice of the breach and allows the Recipient a reasonable opportunity to cure, if such breach is curable. The City may suspend this contract, with or without cause, by providing written notice of suspension to Recipient. 6. Reports and Information. Recipient shall maintain records that fully and accurately reflect any use of the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient, at such times and in such forms as the City may require, including after the cessation of its tourism promotion activities, operations and expenditures, or termination of this contract, shall make available to the City for audit and inspection any and all records that relate to the lodging tax revenue and Recipient's tourism promotion activities, operations and expenditures. Recipient shall maintain accounting records in accordance with generally accepted accounting principles and practices. 7. Independent Contractor. Recipient shall be an independent contractor for all federal, state and other purposes. S. Indemnification. Recipient shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Recipient, except for injuries and damages caused by the sole negligence of the City. 9. Insurance. The recipient shall provide proof of and maintain insurance as defined in Exhibit B which is attached and incorporated by this reference. 10. Notices. Any notices given by the City to Recipient or by Recipient to the City shall be in writing and delivered to the other party. Page 2 of 5 Lodging Tax Grant Agreement Thunderbirds Season 2020 - 2021 11. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this contract shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 12. Applicable Law; Venue. The venue for any legal action arising from this contract shall be King County, Washington, and that this contract shall be governed, construed, and interpreted according to the laws of the State of Washington. 13. Compliance with Laws and Regulations. Recipient shall comply with all applicable laws, rules, regulations, and orders from any and all authorities having jurisdiction. 14. Compliance with the Public Records Act. Recipient acknowledges that the City is subject to the Public Records Act, Chapter 42.56, RCW (the "Act"). All records owned, used, or retained by the City are public records subject to disclosure unless exempt under the Act, whether or not such records are in the possession or control of the City or the Recipient. The Recipient shall cooperate with the City so that the City may comply with all of its obligations under the Act. To ensure the City's compliance, the Recipient shall, within ten (10) days after receipt of notice from the City, deliver to the City copies of all records relating to this Agreement or relating to the Work, which the City determines qualify as the City's public records under the Act. If the City receives a public records request relating to this Agreement or relating to the Work, the City shall seek to provide notice to the Recipient at least ten (10) days before the City releases records pursuant to such public records request, but in no event will the City have any liability to the Recipient for any failure of the City to provide such notice. In addition to its other indemnification and defense obligations under this Agreement, Recipient shall indemnify and defend the City from and against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited to attorney's fees and litigation expenses), suits, judgments, or damage arising from or relating to any failure of Grant Recipient to comply with this section. 15. Discrimination Prohibited. In all Recipient programs, operations or activities, and all hiring and employment made possible, directly, indirectly, by or resulting from this contract, Recipient shall not discriminate against any protected class or on any basis prohibited by federal or state law, including, but not limited to, sex, race, color, creed, religion, national origin, disability, use of a guide dog or service animal by a person with a disability, HIV/AIDS or hepatitis C status, sexual orientation, gender identity, or honorably discharged veteran and military status. 16. Assignment and Subcontract. Accept as noted or identified in Recipient's Hotel/Motel Tax Fund Application, Recipient shall not assign or subcontract any portion of the Service contemplated by this contract without the written consent of the City. 17. Cumulative Remedies. The rights and remedies of each party set Page 3 of 5 Lodging Tax Grant Agreement Thunderbirds Season 2020 - 2021 forth in any provision of this contract are in addition to and do not in any way limit any other rights or remedies afforded to such party by law. IS. Severability. The invalidity or unenforceability of any particular provision of this contract shall not affect the other provisions, and this contract shall be construed as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this contract. 19. Entire Contract; Possible Amendments. This contract contains the entire agreement between the parties and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall be deemed to exist or bind any of the parties. Either party may request changes in the contract. Proposed changes mutually agreed upon will be incorporated by written amendments to this contract. 20. Misuse of Funds for Political Activity. Awarded Lodging Tax Funds may not be used directly or indirectly to further political activity and/or endorse rather than use such funds for their intended purpose. Any such use shall be grounds for immediate termination of this contract and in that event the Recipient hereby agrees to refund all grant funds. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement Thunderbirds Season 2020 - 2021 RECIPIENT: Thunderbirds Hockey Enterprises, LLC By: (signature) PH Name: Jason Thomsen Its: Director of Business Development Date: NOTICES TO BE SENT TO: RECIPIENT: Jason Thomsen Thunderbirds Hockey Enterprises, LLC 625 West James St Kent, WA 98032 253-239-9613 (telephone) Page 5 of 5 CITY OF KENT: By - DIah,\- . si aturr { g ) Print Name: Dana Ralph Its Mayor Date: 03/10/2021 NOTICES TO BE SENT TO: CITY OF KENT: Michelle Wilmot, Economic Development Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 253-856-5709 (telephone) APPROVFLI AS TO FORM f ir"ent w p rtmen _ - ATTEST: Kent City Clerk Lodging Tax Grant Agreement Thunderbirds Season 2020 - 2021 EXHIBIT A See attached Statement of Work from the T-birds Organzation Exhibit A - 1 Lodging Tax Grant Agreement Thunderbirds Season 2020-2021 •Jri On August 15, 2019 we signed an agreement for the 2020/21 season in the amount of $66,780. On June 12, 2020 we were informed that the agreed amount would be reduced to $45,000 due to reduced revenues to the market. We agreed to the lower amount and would find ways to deliver great value for your investment. Due to the pandemic, the season was put on hold. On Tuesday, February 2, 2021 we were given the go ahead to begin the 2020/21 season. We will begin a 24-game season on March 19t" and will end the weekend of May 9tn Because we will not have fans in the stands, we have created many additional ways to reach beyond the walls of the building. Increased TV commercials per game and number of broadcasts. We have also included a new, huge social media feature that will reach over 1.9 Million people! In addition, we will be reaching into other markets like never before. In addition... Portland will play their home games out of our building, meaning the VisitKent.com dashers will be seen in the large Portland market Spokane will show a game (maybe two) from Kent in their market, meaning we are taking VistKent.com to the eastern Washington market as well. We are working with Tri Cities to see if we can get a game from here shown in their market as well. VISitKent.com we Folder View Help III E <1 J 71 11 Meeting )elete Archive Reply Reply Forward 14, IM- All CIO More - e Respond c All Unread Michelle Wilmot RE Seattle Thunderbirds 11:30 works for me if it still Wilmot, Michelle RE Seattle Thunderbirds Hi Jason! I haven't been in Wilmot, Michelle Join the King County Touri.,. Hi everyone, Ourfriends at Wilmot, Michelle RE Thunderbirds invoice Thankyou foryour grace on Wilmot, Michelle RE Thundere rrds i noise Hi Jason, So nice to see your Wilmot, Michelle Re Looks great! Do we get a Wilmot. Michelle RE Kent's Lodging Tax Co... You can always apply in the Bridget Baeth Re: Visit Kent On4ce Promo I let him know. ;"�_.,'� Bridget Wilmot, Michelle Kent's Lodging Tax Commit... Dear previous and potential Bridget Baeth Re.. Visit Kent On4ce Promo Dione at.Ainaays said that Bridget Baeth Re: Items to support Point... Thanks so much Jason! Bridget Baeth Re.. Items to support Point ... Hi Jason, I wanted to follow Bridget Baeth RE.. Visit Kent On -Ice Promo By Date � T 1 b1142020 1 V112020 I/ 10/19/2020 E7 6/122020 <-)FA 61122020 31912020 3142020 3/32020 E7 � 3i3/2020 3,9/2020 2272020 b262020 Heritage Bank --> To Manager❑� New Group Search People nI?} �+ 0 Team Email �z Done Browse Groups ® Address Book �--� +y Fj Reply & Delete Create New :7 Move Rules Assign Unread/ Categorize Follow �7 Read Get Send to — Policy - Read Up ❑ Filter Email Aloud Add -ins OneNote Quids Steps r Move Tags Groups Find Speech Add -ins OneNote RE: Thunderbirds invoice Wilmot, Michelle <MWilmot@kentwa.gov> To O Jason Thomsen Cc . Bylin, Rhonda OFollowup. Start by Monday, June 15, 2020. Due by Monday, June 15, 2020. You replied to this message an S25/2D201,56 PM. Suggested Meetings Hi Jason, J 40 Insights View Salesforce Reply Reply All ---> Forward Fri 6/ 12/2G2G 6:12 PM + Get more add -ins So nice to see your name come across my email. We're hanging in there considering the circumstances. Most importantly, all are safe and well in our family. I hope the same for you and yours. I have reached out to Colin a couple of times, so I'm not certain if he's shared with you, but unfortunately we've had to reduce the marketing support grant for the Thunderbirds from $66,780 to $45,000 given a drastic reduction in lodging tax revenues. With our hoteliers reporting a 98% reduction in overnight stays, the revenue for grants just isn't there. In fact, we've had to cancel our grant program for the rest of this year. I'm very sorry to report this news if it's the first you've heard. I'll need to work with you on an updated Scope of Work that reflects the $21,780 reduction. Perhaps we can get on a call Monday to discuss what components make the most sense to reduce and go from there. I'm open all morning up until 2 p.m. and then again between 3-5 p.m. Let me know if you have any availability. As for invoicing, you should always send them go to our Accounts Payable division at AccOuntsPayable(@KentWA.oOV so that way, it's never with a person who may or may not be with the City. Andrew left the City in late 2016. Again, I'm sorry to share this disappointing news if you hadn't heard already. We very much appreciate our partnership and wish we weren't forced to make these reductions. This unprecedented crisis has certainly upended much of our work. Hope to regroup with you next week. Have a nice weekend in the meantime! All my best, Michelle Michelle Wilmot, Ewrromic Development Economic & Community Development Departrnent 400. W� Ggwe,_ Kent _ WA 98032 Direct 253-856-5709 1 Mobile 253-275-7542 mwiImot12KentWA.00V CIW OF KENT, WASHINGTON KentWA.aov Fa:ebook YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL E J _ From: Jason Thomsen<issantLDseattlethunderbfrds.cyma 2/2612020 Sent: Friday. June 12. 2020124 PM VisitKentacom All folders are up to date, Connected to: Microsoft Exchange J Q J.. J to �4 Pi 91 AL r• " r l}• 40 lop 7 rAll t At OLz � f A, A6 s .Woo ►' i.: fir► r 'r rV isitKent.com THUNDERBIRDS HOCKEY ' #ItStartsNow KMVIESnMjndustry ShoWare WsWentmn in0 a !9 00 VisitKent.com will be on the back of our bus as we take you across the state As a bonus, we added the VisitKent.com logo to the back of our team van. .1b VISITKENT.COM a 11 1-. Thunderbirds Webcnst Having the VisitKent.com brand on our webcast "Score Bug", means the brand will be seen throughout Western Canada, Untied States and Overseas as fans throughout the world watch our games online. Dasher Artwork Dasher board signage Dasher board signage is some of the most visible of any sporting event. Having your brand next to the action all season long. In addition to reaching everyone in the arena, your brand shows up on television, webcast, news and web highlights, league highlights and more. �N .ter At- ITT1r r_-m Dasher Artwork (in background) ent,,cc Visit Kent - First Goal of the Game The first goal of every game will be the "Visit Kent First Goal of the Game"! This makes Visit Kent part of every game, even if fans can't watch the games because of other commitments, we put you in their hands, no matter where they are. Your reach will include: • Facebook — 39,000+ followers • Twitter — 23,300+ followers • Instagram—18,700+ followers • Total Social Reach — 81,000+ people each game • That means over the course of our 24- ame season you will be in front of 1.9 MILLION people! Seattle ihunder birds e AbOW 0 9 rrcr�w�.�hro:age�s.wrx �-'^-a...t;w•r.-�::.��a..=.•.er„aa•.r•""k FB �.. ss.��- ► - PF.t- Sss= ■ � fL` W ...w+rK h Lu. •• •`mow srar st..d�ays � -• __• ' •:-... a _• 7 • mza• tTst.to.�.der:�-•Y:-_o .ac..+^ve.n •uri• A •e 4 1. 7-4r mom m�I r1r - THUNDERBIRDS BROADCAST TELEVISION PACKAGE The Thunderbirds will once again have games broadcast in the Seattle, Portland and other markets. Your broadcast package will include a combination of 1 elements designed specifically for you to achieve your goals: • Sixty (60) :30 second commercials across the Team's jr�=7 games broadcast on television • One (1) Feature Sponsor each broadcast In 1 Thunderbird's website VisitKent.com has placement on the Partner Page of the Thunderbirds website. Placement here makes it easy for fans and guests to find your website and to learn more about your brand and what Kent has to offer. hKplivr.►w.s�llegwndes6irdsspm+Pqesimage &nwserlPhntaSheiser... -d- Partners—S&AtIeThunderb... University of Phoenix is an exclusive partner of the Seattle Thunderbirds and the ShoWare Center. U°"'tyOFP1°e°°` We offer online and on -campus degree programs at the associate's, bachelor's, master's and doctoral level — each is a balanced combination of academic theory and practical application. Choose from degrees in a range of academic fields, or explore our continuing education options if you're looking for a course, certificate or professional development credits. For more information visit www.phoenix.edu. View Website Valpak - Open The Neighborhood View Website valpak of western Washngton Visit Kent Kent, WA: Home of the T-Birds! VisitKent.com is your go to destination to find delicious food & great hotels for after the game! Visit our website today where you can browse through dozens of VisitKentxom 1 diverse places to eat, choose the best hotel that fits your needs, and plan to do some extra activities during your stay! Check us out and Discover Kent, WA. View Website Dental insurance is important. Just ask any hockey player. Beginning November 1', Washington >�I► wasPu.^Can Health Plan Finder will offer low-cost dental insurance to Washington residents. Explore your hwa!-- fender coverage options today at W-A-Health-Plan-Finder-dot-org. Washington Health Plan Finder... Click. Compare. Covered. View Website n w 4VisitKent.com 1 EXHIBIT B INSURANCE REQUIREMENTS FOR LTAC GRANT AGREEMENT 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: The Consultant's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit B - 1 Lodging Tax Grant Agreement Thunderbirds Season 2019-2020 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. Exhibit B - 2 Lodging Tax Grant Agreement Thunderbirds Season 2019-2020 o AC"R" CERTIFICATE OF LIABILITY INSURANCE 164� • DATE (MMIDD/YYYY) 03/09/2021 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 have ADDITIONAL INSURED provisions or 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 Linda Minami, CPCU, ARM NAME: Bell Anderson Agency, Inc P�HCDN c (425) 291-5200 FAX Ne . (425) 291-5100 600 SW 39th St, Suite 200 F-MAIL lindam@bell-anderson.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Philadelphia Indemnity Insurance Co. Renton WA 98057 INSURED INSURER B : Philadelphia Insurance Co INSURER C Thunderbirds Hockey Enterprises LLC, DBA: Seattle Thunderbirds 625 W James Street INSURER D INSURER E: INSURER F: Kent WA 98032 COVERAGES CERTIFICATE NUMBER: CL20102743307 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY L SR TYPE OF INSURANCE I WVD POLICY NUMBER MM DDIYYYY EXP MM DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE Fx_] OCCUR 1DAMAGE TO RENTED PREMISES Ea occurrence s 100,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV I NJ URY $ 1.000.000 A Y Y PHPK2043309 10/27/2020 10/27/2021 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY JPRO- POLICY LOC PRODUCTS - COMP/OPAGG $ 3,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea aociden $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS PHPK2043309 10/27/2020 10/27/2021 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Pereccldeal $ HIRED HNON-OWNED AUTOS ONLY AUTOS ONLY Underinsured motorist $ 1,000,000 UMBRELLA LIAR X OCCUR EACH VV"'V"OCCURRENCE 5,000,000 $ AGGREGATE $ 5.000.000 B EXCESS LIAB CLAIMS -MADE PHUB695383 10/27/2020 10/27/2021 DED I X1 RETENTION $ 10.000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYCERIMEMB R/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatary in NH) NIA PHPK2043309-WASto Ga p p 10/27I2020 10/27/2021 PER �/ DTH- STATUTE v ER EL EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Kent is additional insured per the attached endorsement #PIGLDPS 1212. Waiver of subrogation per the attached endorsement #PIGLDPS 1212 & #CG2404 1093 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S AUTHORIZED REPRESENTATIVE—� Kent WA 98032 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD PI-GLD-PS (12/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: PROFESSIONAL SPORTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Damage to Premises Rented to You $1,000,000 2 Expected or Intended Injury — Property Damage Included 2 Pesticide or Herbicide Applicator Coverage Included 2 Non -Owned Watercraft Less than 58 feet 2 Personal Property in Your Care Custody or Control $5000 3 Limited Broadcasting Coverage Included 3 Supplementary Payments — Bail Bonds $5,000 3 Supplementary Payment— Loss of Earnings $1,000 per day 3 Employee Indemnification Defense Coverage $25,000 3 Who Is an Insured Additional Insured — Newly Acquired or Formed Organization Additional Insured — Broadened Named Insured Additional Insured —When Required by Contract Additional Insured — Grantor of Franchise Included 4 Duties in the Event of Occurrence, Claim or Suit Included 4 Unintentional Failure to Disclose Hazards Included 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Bodily Injury — includes Mental Anguish Included 5 Employee Redefined Included 5 Personal and Advertising Injury — includes Abuse of Process, Discrimination Included 5 Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof; 2. The word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III — LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V — DEFINITIONS, Paragraph 9.a.; and 3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. B. Expected or Intended Injury— Property Damage SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury" or property damage" expected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property C. Pesticide or Herbicide Applicator Coverage With respect to maintenance of the facilities owned or leased to you, SECTION 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 following: Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. E. Personal Property in Your Care, Custody or Control SECTION I — COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage To Property, Paragraph (4) does not apply. However, the most we will pay on behalf of the insured, under this extension is $5,000 per "occurrence." This limit is included in, and not in addition to the limits shown in the Declarations. F. Limited Broadcasting Coverage SECTION I — COVERAGES; COVERAGE B. PERSONAL AND ADVERTISING LIABILITY, 2. Exclusions, j. Insureds In Media and Internet Type Businesses, Paragraph (1) is deleted in its entirety and replaced with the following: (1) Advertising, broadcasting (not including the broadcasting of team games, pre -game shows, or post -game shows by the team's employed announcers), publishing or telecasting. G. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, Items 1 b and 1.d, are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. H. Employee Indemnification Defense Coverage Section I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to include the following: We will pay, on your behalf, defense costs incurred by an "employee" in a criminal proceeding occurring in the course of employment. Page 3of6 Includes copyrighted material of Insurance Services Office, Inc., with its permission.. © 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) The most we will pay for any "employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees", claims or "suits" brought or persons or organizations making claims or bringing "suits." I. Who is an Insured SECTION II — WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is deleted in its entirety and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Broadened Named Insured — Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Required by Contract — Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. c. Grantor of Franchise — Any person or organization with respect to their liability as the grantor of a franchise to you. J. Duties in the Event of Occurrence, Offense, Claim or Suit 1. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.a. the requirement that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. 2. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. b. the requirement that you must see to it that we receive notice of a claim or "suit' as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit' is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer" or insurance manager, if you are a corporation. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) K. Unintentional Failure To Disclose Hazards SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. L. Transfer of Rights of Recovery Against Others To Us SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery against Others to Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. M. Liberalization SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state N. Bodily Injury— Mental Anguish SECTION V — DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following. "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. O. Employee Redefined SECTION V — DEFINITIONS Paragraph 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. "Employee "does not include a "temporary worker." P. Personal and Advertising Injury —Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission © 2012 Philadelphia Consolidated Holding Corp. PI-GLD-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. 0 2012 Philadelphia Consolidated Holding Corp. POLICY NUMBER: PHPK2043309 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization where required by a written contract that was executed prior to the occurrence of a loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0