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HomeMy WebLinkAboutCAG2021-290 - Original - Dansound, Inc. - 2021 Summer Concert Series - Sound Technician - 07/07/2021ApprovalOriginator: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. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: rev. 20210218 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached N/A N/A 4 4/30/2021 Original37376 Parks, Recreation & Community ServicesRonda Billerbeck 08/12/2021 4 ASAP 07/07/2021 N/A 4 Other 10006222.64190.4310 ContractDansound Inc. 9,975.06 N/A 4 4 4 GOODS & SERVICES AGREEMENT - 1 (Under $10,000.00, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Dansound, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dansound, Inc. organized under the laws of the State of Washington, located and doing business at P.O. Box 75294, Seattle, Washington 98125 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Dansound Inc. will provide sound services and equipment (described in more detailed in Exhibit B) for the following Kent Summer Concert Series concerts: Wednesday Picnic Performances: July 7: The Not Its! July 14: Roberto the Magnificent July 21: Eduardo Mendonca and Show Brazil July 28: Ruth and Emilia August 4: Eric Herman and the Puppy Dogs August 11: Brian Vogan and His Good Buddies Thursdays at the Lake: July 8: Darrius Willrich July 15: Heart By Heart July 22: Grateful July 29: LeRoy Bell and His Only Friends August 5: Zan Fiskum August 12: Santa Poco Start Time/Duration/Stop Time: Thursdays at the Lake: 7:00/1.5 hours/8:30 p.m. Wednesday Picnic Performances: 12:00/1 hour/1:00 p.m. Event Location: Thursdays at the Lake: Lake Meridian Park, 14800 SE 272nd St. Wednesday Picnic Performances: Morrill Meadows Park, 10600 SE 248th St. GOODS & SERVICES AGREEMENT - 2 (Under $10,000.00, including WSST) Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by August 12, 2021. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $9,975.06, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The City shall pay Contractor the total sum of $9,975.06 ($755/show x 12 shows + 10.1% tax) for the work to be performed under this Agreement. Payments will be made according to the following schedule: $4,987.53 payment to be made on or before July 22, 2021; final payment of $4,987.53 to be made after the completion of all sound services. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. GOODS & SERVICES AGREEMENT - 3 (Under $10,000.00, including WSST) C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving GOODS & SERVICES AGREEMENT - 4 (Under $10,000.00, including WSST) rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. GOODS & SERVICES AGREEMENT - 5 (Under $10,000.00, including WSST) IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. GOODS & SERVICES AGREEMENT - 6 (Under $10,000.00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle 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 XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 7 (Under $10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: By: ______ Print Name: ______ Its: ______ DATE: ______ CITY OF KENT: By: ______ Print Name: ___________________________ Its: _________________________________ DATE: ______________________________ NOTICES TO BE SENT TO: VENDOR: Dan Mortensen Dansound Inc. P.O. Box 75294 Seattle, WA 98125 206-525-2113 (telephone) dansoundinc@gmail.com (email) NOTICES TO BE SENT TO: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5055 (telephone) rbillerbeck@kentwa.gov (email) Lori Hogan (May 1, 2021 16:38 PDT) Recreation and Cultural Services Supt 5-1-21 Lori Hogan Dan Mortensen (Jun 18, 2021 01:06 PDT) Dan Mortensen President Dan Mortensen 6/18/2021 EEO COMPLIANCE DOCUMENTS - 1 of 3 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. Dated this day of ____ , 2021. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ Dan Mortensen (Jun 18, 2021 01:06 PDT) Dan Mortensen President Dansound Inc. June June 18, 2021 18 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 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. Dated this day of , 2021. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor’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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage 2. maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. 3. The Contractor’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. 4. 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 contractor 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 Contractor’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. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 04/29/2021 VIC'S INSURANCE CENTER PO BOX 625 WOODINVILLE WA 98072 DANSOUND, INC. P.O. BOX 75294 SEATTLE WA 98175 Terri L Smith 425-486-7744 425-487-9457 terri@vicsinsurance.com OHIO SECURITY INS. CO 24082 20210429131641777 A Primary/Non-Contributory Waiver of Transfer Y Y BKS55937259 04/01/2021 04/01/2022 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 A Y Y 04/01/2021 04/01/2022BAS55937259 1,000,000 IF REQUIRED BY WRITTEN AGREEMENT OR CONTRACT CITY OF KENT IS ADDITIONAL INSURED. CG8810 APPLIES INCLUDING PRIMARY & NON-CONTRIBUTORY, PER PROJECT AGGREGATE, WAIVER OF TRANSFER CITY OF KENT ARTS COMMISSION 220 4TH AVENUE SOUTH KENT WA 98032 EXHIBIT A 145 302of57882039003340235COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 146 302of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1.It is not owned by any insured; 2.It is hired, chartered or loaned with a trained paid crew; 3.The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4.It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 52 feet long; and (b)Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity,Subparagraphs (3), (4)and (6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2.The following is added to Section IV - Commercial General Liability Conditions,Condition 4. Other Insurance,Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a.The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i)Premises rented to you for a period of 7 or fewer consecutive days; or (ii)Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 147 302of578820390033402352013Liberty Mutual Insurance CG 88 10 04 13 Page 3 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2.Paragraph 6.under Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a.Any one premise: (1)While rented to you; or (2)While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b.Contents that you rent or lease as part of a premises rental or lease agreement. 3.As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments,Subparagraph (b)of Paragraph a.is replaced by the following: (b)The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.Under Supplementary Payments - Coverages A and B, Paragraph 1.b.is replaced by the following: b.Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2.Paragraph 1.d.is replaced by the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a.Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 148 302of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 4 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.Premises or facilities rented by you or used by you; or c.The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d.Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3)Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a)The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above, a person’s or organization’s status as an additional insured under this endorsement ends when: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 149 302of578820390033402352013Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2.With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a."Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c."Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve,maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d."Bodily injury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e.Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement; or b.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. 150 302of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1.The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II - Who Is An Insured is replaced with the following: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a)and (b)above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 151 302of578820390033402352013Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II - Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d.Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions,the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions,Definition 3.is replaced by the following: 3."Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 152 302of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions,the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1.You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. STAGE RIGHT Stage Diagram Contact: Danny Adamson 206.778.7563 Email: danny@WeAreTheNot-lts.com First Guitar AMP Performer name Danny Adamson Sarah Shannon Jennie Helman Tom Baisden Michael Welke V = Vocal Microphone M=Monitor Drums � � Second Guitar p Amp Instrument First Guitar Lead Vocals Bass Guitar Second Guitar Drums STAGE LEFT EXHIBIT B EXHIBIT B Roberto the Magnificent – Wednesday, July 14, 2021 Roberto provides his own mic, which needs to be patched into the sound system He uses an ipod or ipad that will be patched into the system as well. He prefers to operate his music from the stage and can plug into a direct box. A corded mic on a stand is appreciated as a back-up. Rob's cell: 206-962-07 47 SHOW BRAZIL! Percussionist/1/Toys/Back Vocal Bas s i s t / XLR o u t f o r B a s s A m p Eduardo/Main Vocal, Guitar and Percussion 1 vocal mic. on boom stand 1 DI for nylon string guitar For more information, please contact: Eduardo Mendonça Phone: (206) 661-0903 e-mail: eduardo@showbrazil.com = MONITOR (4 monitors required) EXHIBIT B EXHIBIT B Ruth and Emilia – Sound Requirements Hello Ronda Billerbeck! Nice to hear from you! I am attaching our sound needs for your technician. We bring our own wireless headsets and come with our soundtracks on a laptop. My husband plays our tracks for us and runs our bubble machine. We bring our 8' high by 8'wide interactive spaceship banner with us and all our props, so we just need to plug our headsets into your system. I am attaching a picture of that here for you. Please let me know if you would like anything else from us. Sincerely, Ruth Weber- Ruth and Emilia https://www.ruthandemilia.com/ (760) 803-6049 BRIAN VOGAN – STAGE PLOT (trio version) Brian: acoustic guitar, vocals Michael: bass Julie: violin We need: -PA -2 monitors -Mic,cable and stand -2 DI's (violin, guitar) -Mic for bass amp -power supplies EXHIBIT B EXHIBIT B Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147 Em:aladdin@rlgant.com.com www.rlgant.com SOUND AND LIGHT REQUIREMENTS SHEET Please contact Critical Sun LLC to discuss sound and lighting needs for your show. We are happy to accommodate what you have, but we do require some basic minimums. These are easily altered depending on whether Darrius is playing with a trio or full group. IF YOU HAVE A SMALLER VENUE WE CAN BEND ON SOME OF THESE ITEMS. PLEASE CONTACT US IN ADVANCE WITH THE ITEMS LACKING SO WE CAN PREPARE PROPERLY OR SUPPLEMENT YOUR EXISTING GEAR. Minimum Lighting Requirements • NO FLUORESCENT/ NO NEON LIGHTS! Darrius must have some form of stage lighting, whether it be sufficient ambient room lighting, track lighting or professional spot/flood fixtures. Mood lighting (candles, ceiling trim lights, Christmas lighting) is always welcomed in addition. • No video or arcade games powered-up anywhere near the performance area and no televisions on. Minimum Monitor System Requirements • Two (2) 4 Channel Console capable of at least five separate monitor mixes • Two (2) 31 Band EQ’s • Seven (7) 15x1 biamped monitors with 2” horns and with a minimum of 250 watts of amplification per monitor. Minimum Front Of House (FOH) Requirements • One (1) 16 Channel Console with 4 independent auxiliary sends and 4 band EQ. • One (1) 31 Band Stereo FOH EQ • Two (2) channels of compression on channel inserts (if possible) • Two (2) channels of frequency-selective gates on inserts • One (1) Reverb Processors (Lexicon or Yamaha if possible) • The FOH must be operated by an experienced live audio engineer. Miscellaneous Items • Front of House should have correct and fully functioning speakers placed in good relationship to the stage and the venue for the best sound. • Important to keep stage volume at a medium to low ratio as Darrius uses an acoustic piano for some shows and feedback as well as muffled tones will occur easily if the stage is too hot. Microphone / DI set up Drummer Bass Player 1 Kick Mic (D112 or Equiv.) 1 Bass Cabinet Mic (D112 or Equiv) 2 Snare Mic (Shure SM57 or Equiv.) 1 D.I. Box 2 Tom Mics (AKG 421 or Equiv.) Lead Vocal/ Keys 2 Over head Mic (ATM33R or Equiv.) 1 Vocal Mic (Shure SM58 or Equiv.) 1 Vocal Mic (Shure SM58 or similar) (Sometimes Piano and Rhodes Piano used) Guitarist 1 D.I. Box Keys 1 1 Mic (amp) (Shure 57 or Similar) 1 D.I. Box Keys 2 1 Mic (B. Vox) (Shure SM58 or similar) Backing Vocalists / Brass Players 1 Mic (amp) (Shure 57 or Similar) 4 Microphones (Shure 58 or equivalents) EXHIBIT B Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147 Em:aladdin@rlgant.com.com www.rlgant.com INPUT LIST CH. # Real # Mntr # Instrument Mic Stand Staging Insert Comment Symbol 1 Kick D112 Small Boom U.S.C. KICK 2 Snare 1 Shure Sm57 Small Boom U.S.C. Gate SN1 3 Snare 2 Shure SM57 Small Boom U.S.C SN2 4 Rack Tom 1 Seinheiser 604 Small Boom U.S.C. RT 1 5 Floor Tom Seinheiser 421 Small Boom U.S.C. FT 6 Over Head SL ATM 33R Long Boom U.S.C. OH< 7 Over Head SR ATM 33R Long Boom U.S.C. OH> 8 Drum Vocal Shure SM58 Long Boom U.S.C. DRUM VOX 9 Bass Mic Beta 52 or D112 Small Boom U.S.R. COMP 2 BASS MIC 10 Bass D.I. Active D.I. D.I. Box U.S.R. COMP 1 BASS DI 11 Lead Vocals Shure SM58 Long Boom D.S.C. LEAD VOX 12 Keyboard input 1 Active D.I. D.I. Box D.S.C. KEY 1 13 Keyboard input 2 Active D.I. D.I. Box D.S.C. KEY 2 14 Electric Guitar Shure SM57 Long Boom U.S.L. GUIT 15 Backing Vocal 1 Shure SM58 Long Boom U.S.R. B VOX 1 16 Backing Vocal 2 Shure SM58 Long Boom U.S.R. B VOX 2 17 Brass 1 Shure SM58 Long Boom U.S.L. BRASS 1 18 Brass 2 Shure SM58 Long Boom U.S.L. BRASS 2 DEFINITIONS TABLE DEF TABLE 2. NAMES NOTES U.S.R - Up Stage Right EL.GT.–Electric Guitar L. VOX / KEYS Band requires half hour in which to do a proper sound check. U.S.L - Up Stage Left. MIC - Microphone DARRIUS Stage volume level should be lower for the acoustic to avoid excess feedback. U.S.C. - Up Stage Center OH - Over Head Below players subject to change per show. Band will have 8 bottles of water on stage prior to show. D.S.R. - Down Stage Right FL - Floor Tom DRUMS We expect all wiring and technical matters to have been D.S.L. - Down Stage Left RT - Rack Tom GUITAR dealt with by the time Darrius arrive besides those of connecting D.S.C. - Down Stage Center SN - Snare Drum BASS Our basic gear to your DI boxes and those types of wiring. COMP - Compression Effect KICK - Bass Drum B. VOX 1 NO LESS THAN 16 CHANNEL MIXING CONSOLE GATE - Gate effect HH - Hi Hat B VOX 2 MIN. 6 SEPARATE MONITOR MIXES D.I. - Direct Input Box BOOM - Mic Stand HORN 1 PLEASE REVIEW STAGE PLOT AND CONTACT AC. GT. – Acoustic guitar MNTR - Monitor HORN 2 US IN ADVANCE WITH ANY ISSUES OR CHANGES. EXHIBIT B - pg. 2 Representation: Aladdin Artists, 244 Fifth Avenue Suite 2923 New York, NY 10001 Ph: 212.340.1147 Em:aladdin@rlgant.com.com www.rlgant.com BASS AMP 11 17 MONITOR 18 9 10 DI BOXGUITAR AMP 14 DRUM MONITOR KEYS 1 KEYS 2 or PIANO 1 4 25 3 12 DI BOX 13 DI BOX 8 76 MONITOR 15 MONITOR MONITOR MONITOR MONITOR MONITOR 16 STAGE PLOT DARRIUS CONTACT INFORMATION PHONE: 206-501-8441 EMAIL: info@criticalsun.com WEB: www.darriuswillrich.com MYS: myspace.com/darriuswillrich REP SITE: www.criticalsun.com CH. # Instrument Mic Preference 1 Kick D112 2 Snare Shure SM57 3 Snare 2 Shure SM57 4 Rack Tom 1 Senn 604 5 Floor Tom Senn 421 6 Over Head L ATM 33R 7 Over Head R ATM 33R 8 Drum Vocal Shure SM58 9 Bass Mic Beta 52 or D112 10 Bass D.I. Active D.I. 11 L Vox - Darrius Shure SM58 12 Keys 1 D.I. Active D.I. 13 Keys 2 D.I. Active D.I. 14 Electric Guitar Shure SM57 15 Backing Vocal 1 Shure SM58 16 Backing Vocal 2 Shure SM58 17 Brass 1 Shure SM58 18 Brass 2 Shure SM58 NOTES: • Please DI and Mic bass amp when possible • 6 separate monitor mixes preferred • Please supply a solid, level and grounded stage as well as a level drum riser. • Keyboard 1 may be replaced with a piano or Rhodes piano. Please microphone accordingly. • Horns may differ, please microphone accordingly. • Please supply a qualified engineer and sufficient time to sound check and get all appropriate levels for the room. • Darrius may bring in hired players for designated dates. Seven (7) music stands may be required. FULL INPUT LIST AND SOUND AND LIGHTS SHEET AVAILABLE ON REQUEST. EXHIBIT B - pg. 3 Page 3 of 9 www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________ HEART BY HEART – Stage Plot V.6 March 2020 EXHIBIT B Page 4 of 9 www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________ HEART BY HEART - Patch List – Ver. 4 updated March 2020 INSTRUMENT MIC/DI STAND/NOTES STAGE POSITION 1-Kick Beta 52 USC 2-Kick SM91 USC 3-Snare Top SM57 USC 4-Snare Bottom SM 57 USC 5-Hat SM81 USC 6-Rack SM98 USC 7-Floor SM98 USC 8-Ride SM81 USC 9-OH SL SM81 USC 10-OH SR SM81 USC 11-Key L DI XLR STEREO DI (ARTIST’S) DSR 12-Key R DI XLR STEREO DI (ARTIST’S) DSR 13-Bass DI XLR USCL 14-Bass Cab MIC USCL 15-Guitar R XLR DI ON GTR R PEDALBOARD (ARTIST’S) USCR 16-Acoustic XLR XLR DI ON GTR R PEDALBOARD (ARTIST’S) DSCR 17-Guitar L SM57 USL 18-Voc Keys BETA 58 (ARTIST'S) BOOM DSR 19-Voc Guitar R BETA 58 (ARTIST'S) BOOM DSCR 20-WL Voc Lead WL BETA 58 (ARTIST'S) STRAIGHT DSC 21-Voc Bass BETA 58 (ARTIST'S) BOOM DSCL 22-Voc Guitar L BETA 58 BOOM DSL 23-Spare Voc Lead BETA 58 COILED DOWNSTAGE CTR and MUTED DSC 24-House Ambient mic for IEM mixes DS EXHIBIT B - pg. 2 Page 5 of 9 www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________ HEART BY HEART Monitor Quick Guide November 2019 Position Mix # Name Requests In Mix Stage Right Guitar+Keys+vocal 1 (IEM) Lizzy SR GTR Voc KEYS Voc AC. GTR SR EL. GTR KEYS All other vocals (low) DRUMS BASS SL EL. GTR (low) Center Right Lead Vocal 2 (IEM + 2 wedges shared mix) Somar ("Summer") Lead Voc All other vocals (low) AC. GTR (very low) KEYS (very low) Nothing else unless asked for Center Left Bass+vocal 3 Steve Bass voc All other vocals (low) AC. GTR (very low) KEYS (very low) Nothing else unless asked for Stage Left Guitar+vocal 4 (IEM) Chad SL GTR Voc AC. GTR KEYS SR EL. GTR DRUMS All other vocals (low) Drums 5 Mike SR EL. GTR SL EL. GTR AC. GTR KEYS NO VOCALS EVER NO BASS EVER EXHIBIT B - pg. 3 Page 6 of 9 www.heartbyheart.com Contact: Steve Fossen (206) 795-3186 stevefossen@gmail.com Purchaser Initials ___________ Heart By Heart – Additional Tech Requirements/Notes It is extremely important that a drum riser be provided, as one of the main selling points of the band is original Heart drummer Mike Derosier. If this is not possible please contact the band at least 48 hours in advance to discuss options. Please provide 5 separate monitor mixes. Keys rig positioning is dependent on size/width of stage, if it is very small it may move to the backline facing the drum riser (at band’s discretion.) If possible, provide two wedges for lead vocal. In most cases the band will supply its own vocal mics. Please provide backup vocal mics should there be any problems. Please ensure the stage is absolutely clear of cable and/or other clutter especially at the front around/between wedges where Artist will be moving around. If it is necessary to run any cables across the middle of the stage they must be neatly gaffed down to avoid any trip hazards. Backdrop/Logo Projection: On local shows (Pacific NW) where suitable, band provides a 20’x30’ stage backdrop to be hung from lighting truss behind drum riser. If backdrop is not workable, logo projection should be arranged. 1. BACKDROP: 30 x 20 ft. 73% textline blow-through scrim. 2. GOBO: 3 gobos available - we carry and provide day of show. ROSCO B-Size Glass Gobo - Can be put in LECKO to shoot from downstage truss. 3. LOGO Projection: Variety of downloadable files available in advance at band website page https://www.heartbyheart.com/rider and band will also have USB flash drive with files day of show. We are aware that projector systems can vary - If you require very specific file types or sizes please let us know well in advance so we can be prepared. EXHIBIT B - pg. 4 No backdrop or projection - outdoor show No drum riser available. To be determined with Kent Parks Sound Tech EXHIBIT B BASS BOB MONITOR 1- KICK (A) 2- SNARE (A) 3- RACK 1 (A) 4- RACK 2 (A) 5- FLOOR TOM (A) 6- OVERHEAD 1 (A) 7- OVER HEAD 2 (A) MONITO JASON floor snare ride hat rack 2 rack 1 rash crash 8- KICK (B) 9- SNARE (B) 10- RACK 1 (B) 11- RACK 2 (B) 12- FLOOR TOM (B) 13- OVERHEAD 1 (B) 14- OVER HEAD 2 (B) 15- BASS CAB (DI) 16- KEYBOARD 1 (DI) 17- KEYBOARD 2 AMP (MIC) 18- LESLIE CAB (MIC) 19- FENDER SUPER 20- FENDER TWIN 21- VOCAL 1 22- VOCAL 2 23- VOCAL 3 24- VOCAL 4 CHRISTINE VOCAL? MONITOR SEAN VOCAL 2 MONITOR LOUIS MONITOR floor rare ride kick hat rack 2 rack crash crash BERNIE VOCAL 3 MONITOR F`e.NDER LEAD GUITAR MONITOR EXHIBIT B DISREGARD EXHIBIT B mon mon mon mon E guitar Drums bass Input List: Santa Poco Stage Plot 2018 1) Kick 2) Snare 3) Hi Hat 4) Overhead L 5) Overhead R 6) Bass 7) Electric Guitar Amp 7) Electric Guitar Amp 8) Pedal Steel Guitar Amp 9) Acoustic guitar Amp (DI)10) Andy Vocals 11) Pat Vocals 12) Kevin Vocals 13) Bruce Vocals 4 seperate monitor mixes is desired but not required, can get by with 2 mixes (front and back) boom stand boom stand <-----vocal mics---><----vocal mics--> boom stand acoustic AC Power AC Power AC power AC Power PSG EXHIBIT B Signature: Email: Signature: Email:kkomoto@kentwa.gov Melissa McCormick (Jun 21, 2021 08:18 PDT) Melissa McCormick cityclerk@kentwa.gov DanSound_SCS_Contract Final Audit Report 2021-06-21 Created:2021-04-30 By:Ronda D Billerbeck (rbillerbeck@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAArTQJhxdgf5vFH8VMDA9q1dwsn3EmIem6 "DanSound_SCS_Contract" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2021-04-30 - 8:50:26 PM GMT- IP address: 146.129.252.126 Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature 2021-04-30 - 8:56:58 PM GMT Email viewed by Lori Hogan (lhogan@kentwa.gov) 2021-05-01 - 11:36:17 PM GMT- IP address: 146.129.252.126 Document e-signed by Lori Hogan (lhogan@kentwa.gov) Signature Date: 2021-05-01 - 11:38:14 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Dan Mortensen (dansoundinc@gmail.com) for signature 2021-05-01 - 11:38:18 PM GMT Email viewed by Dan Mortensen (dansoundinc@gmail.com) 2021-06-18 - 7:54:37 AM GMT- IP address: 97.126.14.169 Document e-signed by Dan Mortensen (dansoundinc@gmail.com) Signature Date: 2021-06-18 - 8:06:48 AM GMT - Time Source: server- IP address: 97.126.14.169 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2021-06-18 - 8:06:53 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2021-06-21 - 2:42:48 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2021-06-21 - 2:43:29 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2021-06-21 - 2:43:33 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2021-06-21 - 3:14:41 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2021-06-21 - 3:18:53 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-06-21 - 3:18:53 PM GMT