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HomeMy WebLinkAboutCAG2025-008 - Original - Thunderbirds Hockey Enterprises LLC - Thunderbirds 2025-26 Seasonal Campaign - 1/6/25 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: 0 12/27/2024 1/2/2025 Q Authorized to Sign: Date of Council Approval: Q QMayor or Designee 12/10/2024 Budget Account Number: Jk Grant? Yes No� 13001315.64190.1270 Budget? Yes[Z]No Type: Local Vendor Name: Category: Thunderbirds Hockey Enterprises LLC Grant: Non-Real Property Vendor Number: Sub-Category: C 164855 Original 0 Project Name: Thunderbirds 2025-26 Seasonal Campaign cProject Details: Hockey Season Promotional Campaign featuring Visit Kent and C CoK branding - Lodging Tax Grant Award winner. C Basis for Selection of Contractor: AgreementAmount• 55,000.00 � Other E Memo to Mayor must be attached Go Start Date: 1/01/2025 Termination Date: 12/31/2025 tm Q Local Business? Yes WINO*If meets requirements per KCC 3.70.7 00,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: Yes❑No CAG2025-008 Comments: Vl s. 3 M p1 C C 1171 a:, N 3 W a, oc Date Received:City Attorney: 12/27/24 Date Routed:Mayor's Office 1/6/25 City Clerk's Office 1/6/25 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 KE T Lodging Tax Grant Agreement N 1. Parties. This agreement is entered into by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and the Thunderbirds Hockey Enterprises, LLC, a Western Hockey League team, (hereinafter the "Recipient"), located at 625 West James Street, Kent, WA 98032. 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 $55,000 to the Seattle Thunderbirds. The City shall issue lodging tax revenue to Recipient on a reimbursement basis. (Not withstanding 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, including failure in performance due to acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government, 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 Page 1 of 5 Lodging Tax Grant Agreement the lodging tax revenue to the City. Interest shall accrue at the 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.com) 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 when both parties have executed this contract or on January 1, 2025, whichever is later, and shall terminate once Recipient expends the lodging tax revenue or on December 31_, 2026, 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 Page 2 of 5 Lodging Tax Grant Agreement City shall be in writing and delivered to the other party. 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 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. 18. 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. 21. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Remainder of Page left blank intentionally) Page 4 of 5 Lodging Tax Grant Agreement RE ENT: CITY OF KENT: By: BY: si natu (signature) f 9 Pr' t me: ►ti] two"Vad Print Name: Dana Ralph It �++��ers t+��'y Its Mayor (tiri } Date: L Z Date: 01/06/2025 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Michelle Wilmot, Economic Development Jason Thomsen Manager Seattle Thunderbirds Hockey Club City of Kent 625 West James Street 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 ,(253) 856-6834 (telephone) 253-856-5709 (telephone) jasont@seattlethunderbirds.com APPROVED A S To FORM: Kent L w Department ATTEST: e4;t klnl4 Kent City Clerk Page 5 of 5 Lodging Tax Grant Agreement Exhibit A Scope of Work 2025 Seattle Thunderbirds Goals: Increase awareness of all Kent has to offer Through radio, streaming, signage, social media, direct reach and television, you will be messaging to MILLIONS of people throughout Washington, Oregon and across Western Canada what Kent has to offer. Share how there are a wide range of events and food options in Kent Your package with us allows you to highlight to people throughout the Pacific Northwest what makes Kent special and why they need to experience all Kent has to offer. Kent is a convenient, centrally located place from which to visit the south sound. Demonstrate that its location and amenities make it the perfect place to stay whether you are coming to a game or visiting the region. It is the perfect home base for your visit. Outcomes/Deliverables: Webcast bug - The Visit Kent Logo will be on the "scorebug" on all 30+ games broadcast out of accesso ShoWare Center across Washington, Oregon, Western Canada AND BEYOND! We average over 2,500 people watching each broadcast which would mean over 75,000 people would see the Visit Kent logo on the broadcast. Print at Home - You would own one panel on our"Print at Home"tickets, putting your message in the hands of people heading to Kent and encouraging them to visit the Visit Kent website to see what's happening while they are here. Dasher boards - Dasher board ads are the premier signage in all sports. Your signage is right next to the action meaning not only will the 170,000 fans in attendance see your signage during this period, but your signs will also be seen on television, our streaming broadcasts and in the background of many social media posts during the season. Radio Package - Your radio package will include over two hundred seventy-five (275) 30-second radio spots over the course of the package, giving you reach beyond the walls of the arena. Television - Your television package will include over 30 television commercials that will be seen throughout the region, putting you in front of the casual sports fan that may or may not attend games, but will ensure the story of Kent is seen throughout the region. These funds will support the campaign between January 2025 and December 2025, approximately 66 separate events. Page 11 Exhibit A Scope of Work Success Measures: Success is measured by the completion of the games, placement of the radio, television and streaming elements. Continuing to deliver premier family friendly, affordable events in Kent and across the Pacific Northwest to continue capturing the imaginations of fans and the excitement around the team. Making it to the WHL Finals in 4 of the past 8 seasons, the passion around the team is at an all-time high, allowing you to capitalize on fans' affinity for the team. Timeline: 1. Sign the Agreement - December 2024 2. Have all deliverables in place to leverage all events during 2025 - January 2025 Overall Estimated Attendance: January 2025 through December 2025 - 160,000 in attendance Streaming reach - over 80,000 people online Radio - over 66 games on broadcast radio and streaming radio Television - 12+ games broadcast across Western Washington Projected number of attendees who will stay in Kent overnight in paid Accommodations: January 2025 through December 2025 - over 4,000 Page 12 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 Liatft 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: 1. 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 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 THUNHOC-01 VBUCKLEY ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/16/2024 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 Vicki Buckley NAME: Acrisure Northwest Partners Insurance Services, LLC PHONE FAX 19401 40th Ave W,Suite 440 (A/C,No,EXt): (425)291-5226 1 (A/C,No): Lynnwood,WA 98036 ADDRESS:vbuckley@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B: Thunderbirds Hockey Enterprises LLC INSURERC: 625 W James Street INSURER D: Kent,WA 98032 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB' POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYYY MM DD YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PHPK2619909 10/27/2024 10/27/2025 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY 1X PECOT- LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO PHPK2619909 10/27/2024 10/27/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE PHUB887737 10/27/2024 10/27/2025 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is additional insured for general liability,but only if required by written contract or written agreement per the attached endorsement #PIGLDPS 1212. Waiver of subrogation included per the attached endorsement#CG2404 1093. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Auburn,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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 Included 4 Additional Insured—Newly Acquired or Formed Organization Additional Insured—Broadened Named Insured Additional Insured—When Required by Contract Additional Insured—Grantor of Franchise Duties in the Event of Occurrence, Claim or Suit Included 4 Unintentional Failure to Disclose Hazards Included 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Bodily Injury—includes Mental Anguish Included 5 Employee Redefined Included 5 Personal and Advertising Injury—includes Abuse of Process, Included 5 Discrimination Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©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 3 of 6 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 5. is deleted in its entirety and replaced by the following. "Employee" includes a "leased worker." "Employee" also includes rostered players, mascots, managers, cheerleaders and coaches. "Employee"does not include a "temporary worker." P. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not Page 5 of 6 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. ©2012 Philadelphia Consolidated Holding Corp. POLICY NUMBER: PHPK2619909 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 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ Lodging Tax Advisory Committee Grant Awards — Award MOTION: I move to award Fall 2024 lodging tax grants to the recipients selected by the Lodging Tax Advisory Committee in the amounts recommended, and authorize the Mayor to sign all agreements, subject to final terms acceptable to the City Attorney. SUMMARY: The Lodging Tax and Advisory Committee has recommended Council award eight lodging tax grants totaling $283,500 to support various tourism promotion initiatives designed to attract both business and leisure travelers to Kent. In accordance with state law, the City Council may only choose grant recipients from the list of candidates, and in the amounts, recommended by the Lodging Tax Advisory Committee. Washington State collects a lodging tax for each hotel/motel stay that is less than 30 days in duration. A portion of this revenue is returned to its origin city and this revenue must be used to fund promotion or sponsorship of attractions and events, likely to bring visitors to experience those offerings, stay overnight, dine and shop. A local committee, comprised 50% of representatives from the hospitality industry and 50% from local organization who may stage or sponsor events, make recommendations as to which proposals will best achieve these goals and should receive funding. The Fall 2024 funding cycle will support events occurring in late 2025 and early 2026, and will also allow the continuance of the City's "Visit Kent" tourism marketing campaign by renewing its contract with JayRay Ads & PR, Inc. for 2025. Individual grant applications and funding levels were discussed by the Lodging Tax Advisory Committee during their Nov. 26t" meeting and their recommendations are summarized in the table attached here as an exhibit. The boilerplate "Lodging Tax Grant Agreement" is attached, which will be used with all recipients awarded lodging tax grants. If this item passes out of the Committee of the Whole on December 10, 2024, it will move forward for final action on that night's City Council agenda on the Consent Calendar. BUDGET IMPACT: $283,500 of Lodging Tax Revenues designated for this purpose. Strategic Plan Goals: Thriving City, Innovative Government Exhibits: (1) LTAC Fall 2024 Awardees.pdf; and (2) Lodging Tax Grant Agreement (sample)