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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 P3?e 2 CERTIFICATE OF LIABILITY INSURANCE ISSUE DATE :03nna024 PRODUCER 360633s10 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS MIKE GRIBBINAGENCY INC CERTIFICATE DOES NOT 1 IL L R OE YDO TNS EIAC SO Eoviovcxavo,waeevee BETWE tU[RERIS)oU o REPRESENTATIVE AONOWCDR FANDTHEx IE AUTHORIZED INSURED Even Dale: 081m200 eE T INSURERS AFFORDING COVERAGE CRANNATUPIA INSURER A: eremwoo,wwe®m HONOREE(S) xxlxsmuxcecom COMPANY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE ABOVE ROMEO INSURED FOR THE POLICY PERIODINDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OF CONDMON OF ANY CONTRACT OR OTHER DOCUMENT NATH RESP ECT TO WHICH THIS CERTIFICATEMAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS acLusioNs AND CONEINIONS OF SUCH POLICIES LIMITS SHOWNMAY HAVE BEEN REDUCED BY RAID CLANS POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTNE EXPIRATION LIMITS DATE DATE (MMmomw) MMmo)Y;) A GENERAL LLABiLrty MEL00000796468 08n0)2024 08n0rz02 FIRE CUEryn✓.enp El rQVoel® o¢08 D PERSONAL INJURY ▪ HOST LIQUOR wRL TPENEAPPLIES PER DAMAGE TO RNTD PROP $1000 000 El POLICY El PROJECT LOC LIABILITY CON MOEY AUTO ch o SINGLE) LIMIT o AL o BODILYALL OWNED ALOOS SCHEDULED AUTOS P Person)) HIRED ▪ NONOWNED AUTOS BODILY o_ PROPERTY DAMAGE P GARAGELLABILITY AUTO ONLY EAACCIDENTANY AUTO OTHER TRANAUTO EAACC ONLY AGG acEss LIABILITY EACH OCCURRENCE ▪ OCCUR CLAIMS MADE o DEDUCTIBLE AGGREGATE OTHER DESCRIPTION OF OPERATIONSLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENi6PECIAL PROVISIONS The cerurtcate lipid&is included as an insured underthe Naming Fa day La May Coterage butonlyin respectsto claims ansing out of the negligence of the Named insured If the e‘ent connues past 12 00 a m at the location named on Declarations Page such cononuation shall be considered as the e‘ent date Etent includes set up and break down and the scheduled rehe31S3i CERTIFICATE ICA TE HOLDER oo rehearsal dinner scheduled wean 08 hours of the e‘ent if theevent is a wedding Set up and break down anseemaonane remonm� ors ne moreman 24 hours wow me ewaane 20 hours aftrerue event CANCELLATION demotion PENDERGAST PARK POLICIES BE CANCELLED BEFORE THE 1199 UNION ST IOW!RATION DATE THEREOF NOTICE WILL BE BremexonWA 93312 eP IIOND IN o ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE 9 dAvAL 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