HomeMy WebLinkAbout6681 DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
TOURISM PROMOTION SERVICES AGREEMENT
The City of Bremerton ("City") and UNDA1SUN COMMITEE ("Organization"),
referred to collectively as the "Parties,"enter into the following Agreement for Tourism Promotion
services:
L 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. The event(s)promoted by Organization
must occur within the agreement Term, unless otherwise agreed to in writing by the City.
IL Term: This agreement shall commence on January 1, 2024 and shall continue in full force
and effect until December 31, 2024 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 Fifteen Thousand dollars and zero cents.
($15,000.00)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.
A. Payment will be released when the following has been fulfilled:
I. The Organization shall submit monthly billing invoices, by the 15th of the month
following the end of the month or quarter in which services were performed, detailing
how activities and services performed by the Organization during the preceding month
have specifically promoted tourism in the City of Bremerton including the attached
reporting form for the reimbursement period with measurable results as required by
RCW 67.28.1816 (2).
II. The Organization will provide proof of insurance, agree to the use of Automated
Clearing House (ACH) Direct Deposit, a signed W-9, and current City Business
license.
B. 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. Sample of a conforming invoices and support is provided in
Exhibit B.
L 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 10th, 2025 after the expiration of this Agreement may result
in the forfeiture of remaining unbilled compensation.
Bremerton/Year (2024) Lodging Tax Awardee (UNDA1 SUN COMMITTEE)
Page 1 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
C. 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
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. Indenmification: 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$1,000,000.00 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 $1,000,000.00 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
Bremerton/Year (2024) Lodging Tax Awardee (UNDA1 SUN COMMITTEE)
Page 2 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of
Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, 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.
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 per Exhibit B. 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.
Contracts Administrator Organization Address
City of Bremerton UNDA1 SUN COMMITEE
345 6th Street, Suite 100 2506 6TH Street
Bremerton, WA 98337 Bremerton, WA 98337
Bremerton/Year (2024) Lodging Tax Awardee (UNDA1 SUN COMMITTEE)
Page 3 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
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.
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. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity,marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. 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.
XI. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
Bremerton/Year (2024) Lodging Tax Awardee (UNDA1 SUN COMMITTEE)
Page 4 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
CITY OF BREMERTON UNDA1SUN COMMITTEE
DocuSigned by: DocuSigned by:
lkiL ritui 1
By: -tr-,J,
1 ei1e957F424... B E7i2-5-64 ifia Tupai
y Y'
its: Finance Director its: ED
Date: 4/1//2024 Date: 4/16/2024
A..royedd a.s to form: Attest:
ocu �gne y: DocuSigned by:
14166t1/ r4Witt 4161, Awur
52AC��S381 E30462... 24, D5E 4E45C.1 F.
Kylie Fennell, Bremerton City Attorney City Clem, Angela Hoover
Bremerton/Year(2024) Lodging Tax Awardee (UNDA 1 SUN COMMITTEE)
Page 5 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
EXHIBIT A
Scope of Services
UNDA1SUN will promote and operate the Roots, Rock, Reggae festival. Marketing and
promotional activities will include Social media advertising, use of local and regional newspaper
daily ads, Google ads using SEC,to create an events near me response, a dedicated website and
promotional videos.
Bremerton/Year (2024) Lodging Tax Awardee (UNDA1 SUN COMMITTEE)
Page 6 of 6
DocuSign Envelope ID:697B8B06-E951-43DE-82F3-A79DD69A29EA
EXHIBIT B CITY OF BREMERTON
LODGING TAX WORKSHEET
The City of Bremerton is required by RCW 67.28.1816 to report the use of lodging tax funds each year.
Your organization received lodging tax funds for 2024. Please complete this form and return to the City
no later than March 1, 2025. If you have any questions or concerns please contact Melinda Monroe,
Contracts Administrator at(360) 473-5306 or by email at Melinda.monroe@ci.bremerton.wa.us.
Organization: Date:
Click here to enter
a date.
Completed By: Email: Telephone:
ACTIVITY
Activity Name Type , Dat
E Event/Festival Start Click here to enter
❑ Facility a date.
Total Cost of Activity ❑ Marketing End Click here to enter
a date.
ATTENDEE ESTIMATES
Projected Actual Methodology Notes/Explanation
Overall Attendance Choose an
item.
Attendees who traveled 50 miles or more to attend:
Total Choose an
item.
Of Total,attendees who Choose an
traveled from another state item.
or country
Attendees who stayed overnight:
Paid accommodations Choose an
item.
Unpaid accommodations Choose an
item.
Paid Lodging nights Choose an
item.
I certify that the above reporting numbers is in compliance with RCW 67.28.1816(2) and agree that
discrepancies discovered may prevent reimbursement or disbursement of awarded lodging tax funds or
the recapture of disbursement of funds.
Name,Title Date
PLEASE RETURN COMPLETED WORKSHEET WITH EACH REIMBURSEMENT REQUEST AND YOUR FINAL REPORT NO LATER
THAN MARCH 1,2025
Please return to Melinda Monroe at melinda.monroe@ci.bremerton.wa.us or fax(360)473-5200.
DocuSign Envelope ID:63766606-E951-43DE-82F3A79DD69A29EA
CITY OF BREMERTON
LODGING TAX FUND REIMBURSEMENT REQUEST FORM
Date
CITY pc
BREMERTON
Contract No.
Total Award Amount
Organization Name
Mailing address
Contact Name: Phone:)
email:
Date of Service
Event/Program Title
J
Please list your expenses below, attach copies of matching receipts.
If more space is needed please use page 2 of this form.
Total Request: 0.00
Tourism Funding Recipient Name(printed):
Tourism Funding Recipient Signature:
Date:
•Icertify under penalty of perjury,the information contained in this request for reimbursement istrueand
correct:I am authorizedtocertify andsubmit this request;and lam requesting reimbursement of money I
actually spend for the project or erentasdescribed in the applicationandoontract withtheCity of Bremerton.
Please return form along with copies of supporting invoices and receipts to:
City of Bremerton
Contracts Administrator
346 6th Street,Ste 100
Bremerton,WA98337-1873 Form B.3 2019
Page 1
DocuSign Envelope ID:697136B06.E951.43DE-62F3A79DD63A29EA
DiTY
LODNFTAXFUNDN
IADIN6TAX FUND REIMBURSEMENT REQUEST FORM
Date
CITY Of
EREMERTON
Contract No.
Organization Name
Please list your expenses bet o:v, attach copies of matching receipts.
•
Para'8.'2019
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CERTIFICATE OF LIABILITY INSURANCE ISSUE DATE :03nna024
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AUTHORIZED REPRESENTATIVE
9
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EV500-0810 2J`?
111 MARKEL AMERICAN INSURANCE COMPANY
MARKEL
P.O. Box 906, Pewaukee, Wisconsin 53072-0906
(800) 236-2862 www.markelamerican.com
Special Event Liability Insurance Policy Declarations Page
Policy Number: MEL00000796468 Date of Issue: 03/14/2024 Event Date: 08/10/2024
Policy Period: 08/10/2024
Named Insured: CHANNA TUPIA
UNDA 1 SUN
Mailing Address: 5307 ST HVVY 303#143
Bremerton, WA 98310
Honoree(s):
Insured Event: Business or Organization Event
Policy Premium: $278.00
Surcharges and Taxes : $0.00
Territory Surcharge : Not Applicable
Multi Policy Discount: Not Applicable
Total: $278.00
Event Location 1.: PENDERGAST PARK
Hosting Facility Insured Extension: ® 1199 UNION ST
(coverage applies if box checked) Bremerton, WA 98312
Policy Coverage: Limit: Deductible:
General Aggregate $2,000,000 $0
Each Occurrence $1,000,000 $0
Property Damage $2,000,000 $1,000
Administered by: MIKE GRI BBI N AGENCY INC
Agency: 10394-A0C2492 3001 SE MILE HILL DR SUITE
Agency Phone: 360-633-8101 # 130
PORT ORCHARD, WA 98366
For Policy Questions Call Toll Free: 360-633-8101
For Claims Call Toll Free: 800-236-3113
Policy Form(s): EV500-0810, M PI L 1007 01 20, EVL100-0708, EVL121-0904,
EVL138-0708
Countersignature(if required):
Forms and endorsements made a part of this policy at inception are those which numbers are entered above.
EVL102-0708
INTERLINE
MARKEL
MARKEL AMERICAN INSURANCE COMPANY
PRIVACY NOTICE
U. S. Consumer Privacy Notice Rev. 1/1/2020
FACTS WHAT DOES MARKEL GROUP OF COMPANIES REFERENCED BELOW (INDIVIDUALLY OR
COLLECTIVELY REFERRED TO AS"WE", "US",OR "OUR") DO WITH YOUR PERSONAL INFORMATION?
Why? In the course of Our business relationship with you, We collect information about you that is necessary to
provide you with Our products and services. We treat this information as confidential and recognize the
importance of protecting it. Federal and state law gives you the right to limit some but not all sharing of your
personal information. Federal and state law also requires Us to tell you how We collect, share, and protect
your personal information. Please read this notice carefully to understand what We do.
What? The types of personal information We collect and share depend on the product or service you have with Us.
This information can include:
• your name, mailing and email address(es),telephone number, date of birth, gender, marital or family status,
identification numbers issued by government bodies or agencies (i.e.: Social Security number or FEIN,
driver's license or other license number), employment, education, occupation, or assets and income from
applications and other forms from you, your employer and others;
• your policy coverage, claims, premiums, and payment history from your dealings with Us, Our Affiliates, or
others;
• your financial history from other insurance companies, financial organizations, or consumer reporting
agencies. including but not limited to payment card numbers, bank account or other financial account
numbers and account details, credit history and credit scores, assets and income and other financial
information, or your medical history and records.
Personal information does not include:
• publicly-available information from government records;
• de-identified or aggregated consumer information.
When you are no longer Our customer, We continue to share your information as described in this Notice as
required by law.
How? All insurance companies need to share customers' personal information to run their everyday business. In the
section below, We list the reasons financial companies can share their customers' personal information; the
reasons We choose to share, and whether you can limit this sharing. We restrict access to your personal
information to those individuals, such as Our employees and agents,who provide you with insurance products
and services.We may disclose your personal information to Our Affiliates and Nonaffiliates(1) to process your
transaction with Us, for instance,to determine eligibility for coverage, to process claims, or to prevent fraud, or
(2) with your written authorization, or (3) otherwise as permitted by law. We do not disclose any of your
personal information,as Our customer or former customer, except as described in this Notice.
MPIL 1007 01 20 Page 1 of3
Reasons We can share your personal information Do We Can you
share? limit this
sharing?
For Our everyday business purposes and as required by law— Yes No
such as to process your transactions, maintain your account(s), respond to court orders and
legal/regulatory investigations, to prevent fraud, or report to credit bureaus
For Our marketing purposes— Yes No
to offer Our products and services to you
For Joint Marketing with other financial companies Yes No
For Our Affiliates' everyday business purposes— Yes No
information about your transactions and experiences
For Our Affiliates' everyday business purposes— No We don't
information about your creditworthiness share
For Our Affiliates to market you No We don't
share
For Nonaffiliates to market you No We don't
share
Questions? Call (888) 560-4671 or email privacy@markel.com
Who is providing this Notice? A list of Our companies is located at the end of this Notice.
What We do
How do We protect your We maintain reasonable physical, electronic, and procedural safeguards to
personal information? protect your personal information and to comply with applicable regulatory
standards. For more information, visit www.markel.com/privacy-policy.
How do We collect your personal We collect your personal information, for example, when you
information? • complete an application or other form for insurance
• perform transactions with Us, Our Affiliates, or others
• file an insurance claim or provide account information
• use your credit or debit card
We also collect your personal information from others, such as consumer
reporting agencies that provide Us with information such as credit information,
driving records, and claim histories.
Why can't you limit all sharing of Federal law gives you the right to limit only
your personal information? • sharing for Affiliates' everyday business purposes — information about your
creditworthiness
• Affiliates from using your information to market to you
• sharing for Nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing. See the Other Important Information section of this Notice for more on
your rights under state law.
MPIL 1007 01 20 Page 2 of 3
Definitions
Affiliates Companies related by common ownership or control. They can be financial and nonfinancial
companies.
• Our Affiliates include member companies of Markel Group.
Nonaffiliates Companies not related by common ownership or control. They can be financial and
nonfinancial companies.
• Nonaffiliates that We can share with can include financial services companies such as
insurance agencies or brokers, claims adjusters, reinsurers, and auditors, state insurance
officials, law enforcement, and others as permitted by law.
Joint Marketing A formal agreement between Nonaffiliated companies that together market financial products
or services to you.
• Our Joint Marketing providers can include entities providing a service or product that could
allow Us to provide a broader selection of insurance products to you.
Other Important Information
For Residents of AZ,CT, GA, IL, ME, MA, MN, MT, NV, NJ, NC,OH, OR,and VA: Under state law, under certain
circumstances you have the right to access and request correction, amendment or deletion of personal information that
We have collected from or about you. To do so, contact your agent, visit www.markel.com/privacy-policy, call (888) 560-
4671, or write to Markel Corporation Privacy Office, 4521 Highwoods Parkway, Glen Allen, VA 23060.
We may charge a reasonable fee to cover the costs of providing this information. We will let you know what actions We
take. If you do not agree with Our actions, you may send Us a statement.
For Residents of CA:You have the right to review, make corrections, or delete your recorded personal information
contained in Our files. To do so, contact your agent, visit www.markel.com/privacy-policy, call (888) 560-4671, or write to
Markel Corporation Privacy Office, 4521 Highwoods Parkway, Glen Allen, VA 23060. We do not and will not sell your
personal information.
For the categories of personal information We have collected from consumers within the last 12 months, please visit:
www.markel.com/privacy-policy.
For Residents of MA and ME: You may ask, in writing, for specific reason, for an adverse underwriting decision.
Markel Group of Companies Providing This Notice: City National Insurance Company, Essentia Insurance Company,
Evanston Insurance Company, FirstComp Insurance Company, Independent Specialty Insurance Company, National
Specialty Insurance Company, Markel Bermuda Limited, Markel American Insurance Company, Markel Global
Reinsurance Company, Markel Insurance Company, Markel International Insurance Company Limited, Markel Service,
Incorporated, Markel West, Inc. (d/b/a in CA as Markel West Insurance Services), Pinnacle National Insurance
Company, State National Insurance Company, Inc., Superior Specialty Insurance Company, SureTec Agency Services,
Inc. (d/b/a in CA as SureTec Agency Insurance Services), SureTec Indemnity Company, SureTec Insurance Company,
United Specialty Insurance Company, Inc.
MPIL 1007 01 20 Page 3 of 3
ill
MARKEL®
MARKEL AMERICAN INSURANCE COMPANY
Special Event Liability Insurance
Administrative Offices
P.O.Box 906
Pewaukee,WI 53072-0906
800-236-2862
EVL100-0708 Page 1 of 8
SPECIAL EVENT LIABILITY INSURANCE
Section 1: Agreement "We", "us" and "our" means the company
Section 2: Policy Period providing the insurance and named in the
Section 3: Definitions declarations page.
Section 4: What We Insure Accident means an unexpected and
Section 5: Bodily Injury, Property unintended event, including continuous or
Damage, and Personal repeated exposure to substantially the same
general conditions that causes bodily injury
Injury Exclusions or property damage and which arises out of
Section 6: Limits of Liability the event.
Section 7: Duties in the Event of Loss
or Damage Bodily injury means injury, sickness,
disease or death of a person.
Section 8: Other Insurance
Section 9: General Conditions Declarations page is the document that
Section 10: Hosting Facility Liability identifies the named insured and the
company issuing the policy. It indicates the
Coverage Option effective date of coverage, the amount for the
respective coverages afforded under the
Section 1: Agreement policy, and describes the event for which
coverage is afforded. The declarations page
We will provide insurance described in this also lists the policy forms and endorsements
policy, subject to all policy terms and that are also a part of this policy, as well as
conditions, in return for your payment of the indicating any deductible to be applied to
premium and compliance with all policy covered losses. The declarations page also
provisions. You have only those coverages indicates an election of the hosting facility
for which limits are shown on the liability coverage option, if applicable, and in
declarations page. such event identifies the hosting facility
insured.
Section 2: Policy Period
Event means the private reception and
This policy applies to incidents on the date accompanying ceremony, if any, described
specified for the event described on the on the declarations page. Event includes
declarations page and to accidents set up and break down and any rehearsal or
occurring during set up and break down. rehearsal dinner scheduled within 48 hours in
advance of the event if the event is a
Section 3: Definitions wedding.
Throughout this policy, most words and Honoree means the person or persons
phrases that have special meanings named in the declarations page as
appear in bold. Only the pronouns "we", "us", honoree, and in whose honor or for whose
"our", "you", "your", and "yours" are defined, benefit the event is being held.
but do not appear in bold. This section
defines some of the more general terms used Incident is an accident, or an event,
in this policy. including a series of related offenses giving
rise to an actual or alleged personal injury
"You", "your" and named insured(s) means committed at the event location.
the individual, business, or organization and
the honoree named in the declarations
page.
EVL100-0708 Page 2 of 8
Insured contract means a contract or lease location that occurs no more than 24 hours
of facilities or premises, fixtures, prior to the event and 24 hours after the
improvements or contents, for use at, or as, event.
the location of the event.
Organizational Insured means the Volunteer worker means a person who is
following: not your employee, and who donates his or
1. Sole owner, partners, or managers, and her work or service and acts at the direction
their spouses, of the organization named of and within the scope of duties determined
in the declarations page, but only with by you, and is not paid a fee, salary or other
respect to the conduct of the business compensation by you or anyone else for their
named in the declarations page. work or service performed for you.
2. The executive officers and directors of Section 4: What We Insure
the organization named in the
declarations page, but only with respect 1. Bodily Injury, Property Damage and
to the conduct of the business named in Personal Injury
the declarations page.
3. Volunteer workers, but only while We will pay damages, including prejudgment
performing duties related to the business interest, due to an incident for which you or
named in the declarations page; or your an organizational insured is legally liable
employees, but only for acts within the because of bodily injury, property damage,
scope of their employment by you while or personal injury arising out the event. We
performing duties related to the conduct will defend any such suit seeking those
of your business. damages, even if the allegations are false or
Personal injury means injury other than groundless, with legal counsel of our choice.
bodily injury that arises out of any of the We may investigate any reported incident
following acts: and may settle any claim for these damages
1. False arrest, false detention, or false as we think appropriate. We are not
imprisonment; obligated to pay any claim or judgment, or
2. Malicious prosecution; defend any suit, if we have already
3. Wrongful entry or wrongful eviction; exhausted the limit of liability set forth in the
4. Defamation, libel or slander; or declarations page by paying judgments or
5. Invasion of privacy. settlements; or tendered to the court of
jurisdiction the limit of liability set forth in the
Pollutants means any solid, liquid, gaseous, declarations page.
or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis, 2. Additional Payments
chemicals and waste. Waste includes
materials to be recycled, reconditioned, or In addition to the limit of liability for this
reclaimed. coverage we will also pay:
a. All costs we incur in the settlement of any
Policy Territory means the United States claim or defense of any suit;
and its territories and possessions, Puerto b. Interest on damages awarded in any suit
Rico, Canada and cruise ships leaving from a we defend accruing after judgment is
port within these territories. entered and before we have paid, offered
to pay, or deposited in court that portion
Property damage means physical damage of the judgment which is not more than
to or destruction of tangible property. It our limit of liability;
includes loss of use.
Set up and break down means decoration
and removal of decoration at the event
EVL100-0708 Page 3 of 8
c. Premiums on appeal bonds and 3. Other Premises
attachment bonds required in any suit we
defend. We will not pay the premium for Bodily injury, property damage or
attachment bonds for an amount above personal injury occurring away from
our limit of liability. We have no obligation the premises or place shown in the
to apply for this type of bond; declarations page. However, bodily
d. Loss of earnings of up to $100 a day when injury occurring away from the
we ask you or an organizational insured premises or place shown in the
to attend trials or hearings; and declarations page, but arising from
e. Other reasonable expenses incurred at the negligent conduct of the named
our request. insured or organizational insured at
the premises or place shown in the
Section 5: Bodily Injury, Property Damage Declarations Page for which they are
and Personal Injury Exclusions liable, and not otherwise excluded, is
covered.
We do not cover:
1. Expected or Intended Injury 4. Other Than On the Event Date
Bodily injury or property damage Bodily injury, or property damage
caused by the intentional act, or at the occurring on any date other than the
direction, of anyone seeking coverage date shown as the event date on the
under this policy even if the bodily declarations page, unless occurring
injury, or property damage is different during set up and break down.
from, or greater than, that which is Personal injury occurring on any date
expected or intended. other than the date shown as the event
date in the declarations page. For the
2. Motor Vehicles, Motorized Vehicles, purpose of this exclusion, if the event
Aircraft or Watercraft continues past 12:00 a.m., at the
location named on the declarations
Bodily injury or property damage page, such continuation shall be
arising out of the use, ownership, considered as the event date.
maintenance, or entrustment of any
motor vehicle, motorized vehicle, aircraft 5. Commercial Liquor Liability
or watercraft. Use includes loading or
unloading. Motor vehicle or motorized Bodily injury or property damage for
vehicle includes any attached trailer. which anyone may be held liable by
reason of:
This exclusion does not apply to a. Causing or contributing to the
negligence that originates at the event intoxication of any person;
and arises independently of the use, b. Furnishing alcoholic beverages to a
ownership, maintenance, or entrustment person under the legal drinking age
of any motor vehicle, motorized vehicle, orunder the influence of alcohol; or
aircraft or watercraft. However, we do not c. Violation of any law or regulation
cover bodily injury or property damage relating to the sale, distribution or
that arises out of any imposed vicarious use of alcoholic beverages.
liability, the failure to supervise, or the
negligent supervision, of any person, by However, part a. of this exclusion
you or an organizational insured in applies only if the person or entity
connection with any motor vehicle, seeking coverage is in the business of
motorized vehicle, aircraft or manufacturing, distributing, selling or
watercraft. furnishing alcoholic beverages.
EVL1 00-0708 Page 4 of 8
6. Punitive or Exemplary Damages coverage under this policy is obligated
to pay by reason of assumption of
We cannot be made to pay punitive or liability in a contract or agreement or by
exemplary damages, fines or penalties. bailment. However this exclusion does
not eliminate coverage for property
7. Workers Compensation and Similar damages:
Laws a. That any person seeking coverage
under this policy would have in the
Any obligation of any person under any absence of the contract, bailment
Workers Compensation, disability or agreement, and which are
benefits, occupational injury or otherwise covered under this policy;
unemployment compensation or similar or
law. b. Assumed by a named insured in a
contract or agreement that is an
8. Employer's Liability insured contract.
Any named insured or organizational 11. Bodily Injury or Personal Injury;
insured against bodily injury or
personal injury to: a. To a named insured;
a. any employee whose injury arises out b. To your partners or managers; a co-
of and in the course of their employee while in the course of his
employment by you or an or her employment or performing
organizational insured; or duties related to the conduct of your
b. The spouse, child, parent, brother or business, or volunteer workers
sister of that employee as a while performing duties related to
consequence of paragraph a. above. the conduct of your business, if such
bodily injury or personal injury is
This exclusion applies: caused by a co-employee or another
a. Whether you or the organizational volunteer worker;
insured may be liable as an employer c. To the spouse, child, parent,
or in any other capacity; and brother or sister of an employee
b. To any obligation to share damages injured as a consequence of
with or repay another entity that must paragraph b. above;
pay damages because of the injuries d. For which there is any obligation to
incurred share damages with or repay
another entity that must pay
9. Property in Care, Custody or Control damages because of an injury
described in paragraph b. or c.
Property damage to property owned by, above;
loaned to, rented to, or in the care, e. Arising out of the transmission of a
custody or control of you or any communicable disease by you or an
organizational insured. But this organizational insured; or
exclusion does not prevent coverage for f. Arising out of actual or threatened
sexual abuse or molestation,
liability for property damage, if otherwise corporal punishment, or physical or
covered, to the premises, fixtures or mental abuse.
contents which a named insured or
organizational insured rents or hires for 12. Material Published With Knowledge
use at, or as the location of, the event. of Falsity
Personal injury arising out of oral or
10. Contract or Bailment Liability written publication of material, if done by
or at the direction of anyone seeking
Damages for which any person seeking coverage with knowledge of its falsity.
EVL1 00-0708 Page 5 of 8
13. Material Published Prior to Event Date 20. Pollution
Personal injury arising out of oral or Bodily injury, property damage or
written publication of material whose first personal injury arising out of the
publication took place before the date of presence of or the actual, alleged or
the event shown in the declarations threatened release, discharge, escape,
page. dispersal, seepage or migration of
pollutants. This exclusion does not
14. Criminal Acts apply to bodily injury, property
damage or personal injury caused by
Personal injury arising out of a criminal heat,smoke or fumes from a hostile fire.
act committed by or at the direction of As used in this exclusion a hostile fire is
anyone seeking coverage. one which is unintended, breaks out
from where it was intended to be, or
15. Breach of Contract becomes uncontrollable.
Personal injury arising out of a breach of 21. Pollution Expense
contract.
Any loss, cost or expense arising out of
16. Electronic Chatrooms or Bulletin any governmental direction or request
Boards that you or any organizational insured
test for, monitor, clean up, remove,
Personal injury arising out of the use of contain, treat, detoxify, or neutralize
an electronic chatroom or bulletin board. pollutants.
17. Professional Services Section 6: Limits of Liability
Bodily injury, property damage or 1. The limits of liability shown in the
personal injury arising out of the declarations page, and the following
rendering or failing to render professional provisions, establish the most we will
services. pay regardless of the number of:
a. Named insureds or
18. Pyrotechnics, Fireworks, and Laser organizational insureds;
Light Shows b. Claims made or suits brought;
c. Hosting facility insureds, if any;
Bodily injury, property damage, or d. Persons injured; or
personal injury arising out of the e. Items of property damaged.
preparation or presentation of a
pyrotechnic show, firework display, or 2. The general aggregate limit is the
laser light production. most we will pay for all damages to
which this insurance applies regardless
19. Act or Omission of Provider of the number of incidents occurring
within the scope of this policy.
Bodily injury, property damage or
personal injury arising out of the acts or 3. The each occurrence limit is the most
omissions of any provider of goods or we will pay for the total sum of all bodily
services in conjunction with the event, injuries, property damage or personal
whether or not a paid contractor or injuries arising out of any one incident.
vendor.
EVL1 00-0708 Page 6 of 8
Section 7: Duties in the Event of Loss or insurance void, and all claims hereunder shall
Damage be forfeited. Submitting, or knowingly aiding
or abetting another in presenting a claim
In the event of an incident you (or someone under this policy will also render the
acting for you) must inform us, or our insurance void and payment will be denied.
authorized representative, as soon as
reasonably practicable. The notice must Assignment. This policy may not be
give: assigned in whole or in part without our
1. The time, place and other facts; and consent.
2. The names and addresses of all involved
persons and witnesses. Change or Waiver of Policy Provisions. If
we make a change that broadens coverage
In addition to providing us with notice, anyone under this edition of our policy without
claiming coverage under this policy must: additional premium charge, the policy will
1. Cooperate with and assist us in any automatically provide the broadened
manner concerning a claim or suit; coverage when effective in your state.
2. Cooperate with us to enforce any right of However, changes implemented through
contribution or indemnity from any person introduction of a subsequent edition of our
or organization who may have liability policy forms will not be automatically
arising out of the incident; provided. A waiver or any other change of a
3. Promptly send to us any legal papers provision of this policy must be in writing by
received relating to any suit or claim; and us to be valid.
4. Submit to examinations by us, under oath,
as we may reasonably require. Our Right to Recover from Others. After
we have made payment under this policy, we
Section 8: Other Insurance have the right to recover the payment from
anyone who may be held responsible. You
The insurance we provide in this policy is and anyone we indemnify must sign any
primary. papers and do whatever else is necessary to
transfer this right to us. You and anyone we
Section 9: General Conditions indemnify must do nothing to affect our
rights.
Conformity to State Law. When any policy
provision is in conflict with the applicable law Suit Against Us. No action will be brought
of the state in which this policy is issued, the unless there has been compliance with the
law of the state will apply. policy provisions and the action is started
within one (1) year after the alleged loss.
Declarations. By accepting this policy you
agree that: Non-Cancellation. This insurance cannot be
1. The statements on the application for this cancelled except for non-payment of
policy are your own; premium. In the event of non-payment of
2. This policy is issued in reliance upon the premium, we may cancel this insurance upon
truth of those representations; and fifteen (15) days written notice to you by
3. This policy form, the declarations page certified or registered mail at the mailing
and any endorsements listed on the address shown in the declarations page.
declarations page include all
agreements existing between you and us. Currency. Unless otherwise agreed to by us
in writing, premiums and losses due
False or Fraudulent Acts. Any fraud, hereunder shall be paid in United States
intentional misstatement or concealment in Dollars at the rates of exchange ruling when
the application, or in making of a claim or and where the loss occurs.
otherwise howsoever, shall render this
EVL1 00-0708 Page 7 of 8
Bankruptcy. We are not relieved of any related to, arising from, or resulting from, in
obligation under this policy because of the whole or in part, acts or omissions of the
bankruptcy or insolvency of any person or hosting facility insured, its employees or
entity otherwise entitled to coverage under agents.
this policy. 2. We do not cover any hosting facility insured
against bodily injury to any employee of the
Section 10: Hosting Facility Liability hosting facility insured arising out of or in
Coverage Option the course of their employment by the hosting
facility insured or performing duties relating
This coverage option provides primary liability to the hosting facility insured's business.
insurance coverage for a hosting facility
insured, subject to the definitions, This policy is signed at the Home Office of the
exclusions, conditions and limits of liability of company by its secretary and president.
this policy. This option does not increase the
limits of liability afforded by this policy. MARKEL AMERICAN INSURANCE
COMPANY
Hosting facility insured means any facility, Glen Allen, Virginia
entity or site (including hotel, restaurant, hall
or reception center) identified in the
declarations page with Hosting Facility
Insured Extension or on a certificate of
insurance issued by us or our agent.
We will pay damages, including prejudgment
interest, due to an accident for which a
hosting facility insured becomes legally
liable because of bodily injury or property Kathleen A. Alex Martin
damage arising out of the event. The liability Sturgeon President
coverage provided to a hosting facility Secretary
insured applies only to liability of the hosting
facility insured which results solely from fault
or wrongdoing on the part of a named insured
or organizational insured.
We will defend any such suit seeking those
damages, even if the allegations are false or
groundless, with legal counsel of our choice.
We may investigate any accident and may
settle any claim for these damages as we think
appropriate. We are not obligated to pay any
claim or judgment, or defend any suit, if we
have already exhausted the limit of liability set
forth in the declarations page by paying
judgments or settlements.
Additional Exclusions Applicable to
Hosting Facility Insureds
The exclusions of Section 5 of this policy apply
and in addition:
1. No coverage is extended to a hosting
facility insured for fault or wrongdoing
EVL100-0708 Page 8 of 8
MARKEL AMERICAN INSURANCE COMPANY
MARKEL
WASHINGTON AMENDATORY ENDORSEMENT
In consideration of the premium paid, it is hereby agreed and understood that your policy is amended as
follows:
Under Section 9: General Conditions, the False or Fraudulent Acts and Suit Against Us provisions are
deleted in their entirety and replaced with the following:
False or Fraudulent Acts. Any fraud, intentional misstatement or concealment, whether before or after a
loss, shall render this insurance void, and all claims hereunder shall be forfeited. Submitting, or
knowingly aiding or abetting another in presenting a claim under this policy will also render the
insurance void and payment will be denied.
Suit Against Us. No action will be brought unless there has been compliance with the policy provisions
and the action is started within one (1) year after the cause of action accrues.
All other terms, conditions, and limitations of the policy remain unchanged.
EVL121-0904 Page 1 of 1
MARKEL AMERICAN INSURANCE COMPANY
MARKEL
COMMERCIAL LIQUOR LIABILITY EXCLUSION ENDORSEMENT
In consideration of the premium paid, it is hereby agreed and understood that your policy is amended as
follows:
Under Section 5: Bodily Injury, Property Damage and Personal Injury Exclusions, item 5. is deleted
in its entirety and replaced with the following:
5. Commercial Liquor Liability
Bodily injury or property damage for which anyone may be held liable by reason of:
a. Causing or contributing to the intoxication of any person;
b. Furnishing alcoholic beverages to a person under the legal drinking age or under the influence of
alcohol; or
c. Violation of any law or regulation relating to the sale, distribution or use of alcoholic beverages.
All other terms,conditions,and limitations of the policy remain unchanged.
EVL138-0708 Page 1 of 1