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HomeMy WebLinkAbout5720TOURISM PROMOTION SERVICES AGREEMENT West Sound Art and Music Association The City of Bremerton ("City") and West Sound Art and Music Association("Organization"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Organization shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Organization shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion. II. Term: This agreement shall commence on January 1, 2017 and shall continue in full force and effect until December 31, 2017 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Organization an amount not to exceed Five Thousand dollars ($5,000.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel/Motel Tax funds received by the City. If Hotel/Motel Tax receipts are lower than budgeted funding may be decreased. The Organization shall submit quarterly billing invoices . detailing how activities and services performed by the Organization during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing invoice, the City shall promptly process payment. If a billing invoice does not conform to this Agreement, the City may withhold payment until the invoice is brought into compliance. Such withholding does not relieve the Organization of its obligations under this Agreement. Failure by the Organization to submit all conforming billing invoices by January 15th after the expiration of this Agreement may result in the forfeiture of remaining unbilled compensation. - The Organization shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: The Organization represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. The Organization and its personnel are independent contractors and not employees of the City. The Organization and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -consultants of the Organization. Organization will be solely and entirely responsible for its acts and for the acts of the Organization's agents, employees, representatives and sub -consultants during the Bremerton/WSAMA .Page I;of 4 performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, the Organization is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Organization or its personnel. As an independent contractor, Organization is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing,. and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Organization. V. Indemnification: Organization 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 performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Organization shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Organization organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Organization shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and it shall be an affirmative obligation upon Organization to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 t Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The Organization's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. Bremerton/WSAMA Page 2 of 4 VII. General Conditions: A. Reports and Information: When requested by the City, Organization shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Organization shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Organization's Risk: Organization shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Organization's own risk, and Organization 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. C. Place of Work: The Organization shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, 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. City Address City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337 Organization Address Jill Hudson Giddings 1140 NW Comyn Rd. Poulsbo, WA 98370 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Bremerton/WSAMA Page 3 of 4 J. Compliance with Laws: Organization shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the Organization without the written consent of the City shall be void. VIII. Nondiscrimination: Organization shall not discriminate in employment or services to the public on. the basis of race, color, national origin, sex, religion, age; marital status, sexual orientation or ' disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other, and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Organization is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. CITY OF BREMERTON WEST SOUND ART AND MUSIC Approved as to form: �rl� L / Bremerton V Attorn Bremerton/WSAMA Page 4 of 4 ASSOCIATION y: Jill Huds Giddings its: President ,Date:n�.�.e Z test: City Clerk •• • EXHIBIT A Scope of Services In accordance with the requirements of the City of Bremerton Lodging Tax Application, the West Sound Art and Music Association (WSAMA) is hereby submitting our Ukulele Festival Advertising, Plan and proof of insurance (attached). OVERVIEW The WSAMA Board developed an excellent 2 -day ukulele festival in Bremerton scheduled October 21 and 22, 2017. A talented group of renowned ukulele performers and workshop teachers has been hired. A comprehensive list of target audiences has been created to support a widespread advertising campaign, not only throughout the state of Washington, but throughout the country and internationally. Many modes of advertising ,will be utilized, as outlined below. Included in our information will be hotel lodging locations and'restaurants near the festival'venues in downtown Bremerton. We anticipate out-of-town participants, vendors, performers, volunteers, and board members to stay in Bremerton hotels during this 2 -day event. INFORMATION BY CATEGORY Targeted, audiences - Festival information• will be .distributed to, a variety of populations. Advertising will, include locations such as ukulele clubs, music stores, public/ private schools, dance studios, theaters, retail businesses, restaurants, ferryboats, libraries, medical offices and the countywide homeless youth centers. Efforts will be made to reach such locations not only in Kitsap County but throughout the state of Washington, neighboring states, and beyond as well. Printed Materials - A variety of printed advertising materials are available. Among those are posters; bumper,;stickers,.tri-folds, postcards,'handbills; pocket cards; etc. Presentations - WSAMA Board Members are available to make presentations to community organizations and groups to share information with and invite those members to the festival. Publications - Printed publications advertising the West Sound Ukulele Festival include: The Kitsap.Sun, The Admiral Theatre, local small community weekly newspapers, Ukulele Magazine (US), Uke Magazine (UK),, AAA Journey Magazine,. and other nationally distributed magazines. Media — Advertising via the internet and television will take place for the West Sound Ukulele Festival. West Sound Art and Music Association (WSAMA) has a Face Book page as well as the festival itself, West Sound Ukulele Festival, both with details. People interested can find links to the registration site for the event. In addition, Bill Nahalea of KN Productions and Promotions is the owner/ producer of Island TV and will advertise the festival on his station, broadcasting through out Washington and Nevada. Performer's,personal websites and other websites that list festivals through out the world will include our Festival information. In conclusion, our advertising plan is based on an enhancement of last year's advertising plan. We will endeavor to market heavily in the Portland area and greater Seattle, where there are many ukulele groups and musicians. The ease of traveling to Bremerton via ferry and staying in local hotels here will be of significant appeal to those residents. We believe our advertising plan is thorough, widespread and will lead to large number of participants for this event. Bremerton/ WEST SOUND ART AND MUSIC ASSOCIATION 1140 NW Comyn RD, Poulsbo, WA 98370 westsoundartandmusic.org 360-361-8000 June 6, 1017 :Dear Members -of the,City.Council of the City of Bremerton, In accordance with the requirements of the City of, Bremerton Lodging,. Tax Application, the West Sound Art and Music Association (WSAMA) is hereby submitting our Ukulele Festival Advertising Plan and proof of insurance (attached).' OVERVIEW The WSAMA Board developed an excellent 2 -day ukulele festival in Bremerton scheduled October 21 and 22, 2017. A talented group of renowned ukulele performers and workshop teachers has been hired. A comprehensive list of target audiences has been created to support a widespread advertising campaign, not only throughout the state of Washington, but throughout the country and internationally. Many modes of advertising will be utilized, as outlined below. Included in our information will be hotel lodging locations and restaurants near the festival venues in downtown Bremerton. We anticipate out-of-town participants, vendors, performers, volunteers, and board members to stay in Bremerton hotels during this 2 -day event. INFORMATION BY CATEGORY Targeted audiences - Festival information will be distributed to a variety of populations. Advertising will include locations such as ukulele clubs, music stores, public/ private schools, dance studios, theaters, retail businesses, restaurants, ferryboats, libraries, medical offices and the countywide homeless youth centers. Efforts will be made to reach such locations not only in Kitsap County but throughout the state of Washington, neighboring states, and'beyond as well. Printed Materials - A variety of printed advertising materials are available. Among those are posters, bumper stickers, tri -folds, postcards, handbills, pocket cards, etc. Preseritations - WS -AMA Board.Members are available to make presentations to community organizations and groups to share information with and invite those members to the festival. Publications - Printed publications advertising the West Sound Ukulele Festival include: The Kitsap Sun, The Admiral Theatre, local small community weekly newspapers, Ukulele Magazine (US), Uke Magazine (UK), AAA Journey Magazine, and other nationally distn-buted-magazines. West Sound Art and Music Association is a Washington State Nonprofit Corporation and a Federal 501(c)(3) nonprofit organization, Federal Tax ID#: 81-1603400 westsoundartandmusic@gmail.com WEST SOUND ART AND MUSIC ASSOCIATION 1140 NW Comyn RIS, Poulsbo, WA 98370 westsoundartandmusic.org 360-361-8000 Media - Advertising via the internet and television will take place for the West Sound Ukulele Festival. West Sound Art and Music Association (WSAMA) has a .Face Book page as well as the festival itself, West Sound Ukulele Festival, both with details. People -interested can find links to the registration site for the event. In addition, Bill Nahalea of KN Productions and Promotions is the owner/ producer of Island TV and will advertise the festival on his station, broadcasting through out Washington and Nevada. Performer's personal websites and other websites that list festivals through out the world will include our Festival information. In conclusion, our advertising plan is based on an enhancement of last year's advertising plan. We will endeavor to market heavily in the Portland area and greater Seattle, where there are many ukulele groups and musicians. The ease of traveling to Bremerton via ferry and staying in local hotels here will be of significant appeal to those residents. We believe our advertising plan is thorough, widespread and will lead to large number of participants for this event. We are very grateful to the City of' Bremerton for selecting the West Sound . Ukulele Festival of West Sound Art and Music Association for this Lodging Tax Advertising Grant. It is exciting to have your support for this special event in Bremerton. Sincerely yours, 1 Jill ddings President West Sound Art and Music Association Y111,SA- h� West Sound AA and Music Association West Sound Art and Music Association is a Washington State Nonprofit Corporation and a Federal 501(c)(3) nonprofit organization, Federal Tax ID#: 81-1603400 westsoundartandm usi c@gmail. com CERTIFICATE OF INSURANCE ISSUE DATE 8/17/2017 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 CERTIFICATEHOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST BE ENDORSED. IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY, CERTAIN POLICIES MAY REQUIRE AN ENDORSEMENT. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). PRODUCER Northeast Agencies, Inc. 6467 Main Street - Suite 104 Williamsville, NY 14221 INSURER(S) AFFORDING COVERAGE INSURER A: Nautilus Insurance Company INSURER B: N/A INSURED West Sound Art & Music, Association 1140 NW Comyn Road Poulsbo, WA 98570 INSURER C: N/A INSURER D: N/A INSURER E: N/A COVERAGES 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS A GENERAL LIABILITY NN805896 10/21/2017 10/23/2017 / v GENERAL AGGREGATE 2,000,000 Included 1,000,000 1,000,000 50,000 1,000 PRODUCTS-COM/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE DAMAGE PREM RENTED TO YOU MED EXPENSE (Any one person) B PERSONAL LIABILITY COMBINED SINGLE LIMIT MEDICAL PAYMENTS TO OTHERS C EXCESS LIABILITY EACH OCCURRENCE AGGREGATE D E PROPERTY BUILDING CONTENTS BUSINESS INCOME This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state quaranty association law. DESCRIPTION OF OPERATIONS / SPECIALTY ITEMS Exhibitions- Trade- inside - City of Bremerton are named as additional insureds with respect to general liability. It is further agreed that this insurance shall be named on a primary and non-contributory basis. Includes a waiver of subrogation(waiver oft pnsfer of rights of recovery against others to us). `\// CERTIFICATE HOLDER City of Bremerton 286 4th Street Bremerton, WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED SIGNATURE ORTHEAST AG ENCIES INC. Date: 8/17/2017 Re: West Sound Art & Music, Association Tapco Account ID: NDWFX Policy # NN805896 FREEDOM ROAD INSURANCE LLC 411 PARK AVE STE B BREMERTON, WA 98337 Excess and Surplus Lines Division Tapco Underwriters, Inc. 3060 S. Church Street P.O. Box 286 Burlington, NC 27216-0286 Phone: (866) 682-7726 Fax: (336) 586-0086 Email: nea@gotapeo.com Please find attached correspondence for the above insured. Renewal Offers, Endorsements, and Reinstatements ARE NOT mailed directly to the insureds. Renewal Offers: Consists of one of the following: Renewal offer, Submission request, or Courtesy expiration notice. Present the offer to the Insured. If coverage is required, fax Bind requests Direct to TAPCO, fax number listed above. Premiums for renewals are to be paid directly to TAPCO, address listed above. (Check payable to TAPCO) Please be advised if payment is not made to TAPCO within 12 days of the expiration date, the Binder is null and void. If payment is received after 12 days from the expiration date, coverage may have a new effective date as well as have to be re -quoted. Endorsements/Audits: Present the endorsement to the insured. Premiums are to be paid directly to TAPCO, address listed above. Please note that Northeast Agencies has not billed your insured. Cancellation Notice: The Certified copy goes directly to NEA. If this account is in cancellation status, a courtesy copy is attached for your records. Reinstatements: TAPCO has not mailed a reinstatement directly to your insured or to the mortgage holder if applicable. If a reinstatement is attached, you are responsible for proper distribution. Final cancellation refunds: TAPCO will send the cancellation refund to the Finance Company if the account was financed. If not financed, TAPCO will send the refund to Northeast who will in turn forward the refund. to the Agent's Office. All commissions will be handled through Northeast Agencies. If you have any questions in regards to the correspondence attached, please contact one of the following departments: Underwriting: Certificates of Insurance: Endorsements: Claims: Cancellations: Audits: Reinstatements: nea&gotapco.com coiskg_otapco.com endorsementskizotapco.com claims@gotapco.com cancel Iations(cr�,gota cp o.com audits(a,eotaoco.com reinstatements@gotapco.com fax: 336-584-8880 fax: 336-585-0858 fax: 336-538-0093 fax: 336-538-0094 fax: 336-584-3406 fax: 336-586-0147 fax: 336-584-3406 Name of Assured West Sound Art & Music Association 1140 NW Comyn Road Poulsbo, WA 98370 POLICY NUMBER: COMPANY: POLICY EFF. DATE: ENDORSEMENT EFF. DATE: o a UNDERWRITERS. INC. POLICY ENDORSEMENT Producer a-110112 Northeast Agencies, Inc. 6467 Main Street - Suite 104 Williamsville, NY 14221 NN805896 ENDORSEMENT NUMBER: 001 Nautilus Insurance Company 10/21/2017 POLICY EXP. DATE: 10/23/2017 10/21/2017 Endorsement 001 Form CG2013 (0413) is amended to delete the following additional insured: City of Bremerton Form L803 (0117) ($50) and Form L605 (0607) ($50) is added to list the following additional insured: City of Bremerton See attached forms. Form S150 (0709) is amended to delete class code #49950 -Additional Insured and add class code #90609 -Additional Insured -Primary and Noncontributory and #90612 -Waiver of Subrogation. The additional premium to add class code #90609 and #90612 is $100. The Premium For This Coverage Part is $350. Premium is 100% earned. Premium, Tax and Fee Changes Prior Annual Base Premium $250.00 New Annual Base Premium $350.00 Flat Additional Annual Base Premium $100.00 Flat Additional Tax $2.00 Flat Additional State Fees $0.10 Flat Additional Annual Gross Premium $102.10 This Endorsement is issued by NDWFX-T TAPCO Underwriters, Inc. Post Office Box 286 Burlington, NC 27216 800-334-5579 Page 1 of 2 1001 Authorized Representative 0 0 UNDco ERWRITERS, INC. POLICY ENDORSEMENT Name of Assured Producer West Sound Art & Music 3800001 Surplus Line Assoc. of Wash. Tax% $2.00 Fee% $0.10 Policy eff. date 10/21/2017 Endorsement eff. date 10/21/2017 Carrier Nautilus Insurance Company SLA Broker No. 242 ALL OTHER PROVISIONS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 2 of 2 1001 0.0 tar) UNDERWRITERS, INC. ENDORSEMENT INVOICE Name of Assured Producer West Sound Art & Music 3800001 Association Northeast Agencies, Inc. 1140 NW Comyn Road 6467 Main Street - Suite 104 Poulsbo, WA 98370 Williamsville, NY 14221 POLICY NUMBER: NN805896 ENDORSEMENT NUMBER: 001 COMPANY: Nautilus Insurance Company POLICY EFF. DATE: 10/21/2017 POLICY EXP. DATE: 10/23/2017 ENDORSEMENT EFF. DATE: 10/21/2017 INVOICE DUE DATE: 09/01/2017 Flat Additional Annual Base Premium $100.00 Policy Fee Difference $0.00 Flat Additional State Fees $0.10 Flat Additional Tax $2.00 Flat Additional Annual Gross Premium $102.10 ENDORSEMENTS ARE AGENCY BILLED ONLY. TAPCO DOES NOT BILL THE INSURED. THIS INVOICE DOES NOT REFLECT ANY PRIOR DEBITS OR CREDITS WHICH MAY BE PENDING. TAPCO accepts Visa, MasterCard, Discover Card, and electronic (ACH) checks. This Invoice is issued by NDWFX-T TAPCO Underwriters, Inc. Post Office Box 286 Burlington, NC 27216 800-334-5579 Authorized Representative Page 1 of 1 1001 POLICY NUMBER: NN805896 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO SDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE. Name of Person or Organization: City of Bremerton 286 4th Street Bremerton, WA 98337 The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or "your work" done under a written 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. All other terms and conditions of this policy remain unchanged. L605 (06/07) Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: NN805896 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): City of Bremerton 286 4th Street Bremerton, WA 98337 Location(s) of Covered Operations: Washington Description of Work Performed for the Additional Insured: Ukelele Event A. Section 10 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations, as described in the Schedule of this endorsement, for the additional insured at the location(s) shown in the Schedule of this endorsement, but only for 'occurrences" or coverages not otherwise excluded in the Coverage Part to which this endorsement applies. 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 insurance 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. B. With respect to the insurance afforded to the additional insured, the following additional exclusions apply: This insurance does not apply to: "Bodily injury", "property damage", "personal and advertising injury" or medical payments arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or L803 (01/17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 b. 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 "occurrence" 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. 2. 'Bodily injury" or "property damage" occurring after: a. 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 at the location of the covered operations has been completed; or b. 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. C. With respect to the insurance afforded to the additional insured, 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: 1. Required by the contract or agreement; or 2. 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 Declarations. D. The following is added to 4.a. of Other Insurance of Section IV - Commercial General Liability Conditions: If required in a written contract, the Coverage Part to which this endorsement applies is primary and noncontributory in the event of an 'occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured at the location(s) designated in the Schedule of this endorsement. All other terms and conditions remain unchanged. L803 (01/17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2