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HomeMy WebLinkAbout6717 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 PROFESSIONAL SERVICES AGREEMENT Admiral Theatre Rigging Inspection The City of Bremerton("City")and Entertainment Project Services,LLC,a Nevada limited liability doing business as EPS ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work,dated April 11,2024,including any attachments thereto,attached hereto as Exhibit A,which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed$6,900.00 for the Scope of Work plus actual expenses which are estimated on Exhibit C and hereby incorporated by reference. City shall pay the sum of$6,900 upon execution of this Agreement. Travel expenses shall be reimbursed by City to Consultant within thirty (30) days of the date the receipts for travel expenses are submitted to City. Travel expenses shall not exceed $3300. Should it be anticipated that travel expenses will exceed $3300, Consultant shall notify City and obtain approval prior to exceeding $3300. If prior approval is not obtained by Consultant, Consultant agrees that City shall not be responsible to Consultant for any travel expenses in excess of$3300. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant 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. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement,the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 11 Bremerton/f EPSI [Admiral Theaterl Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 IV. Relationship of Parties: Consultant 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. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. 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 Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant'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 Consultants to perform the same or similar work. As an independent Consultant, Consultant 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 Consultant or its personnel. As an independent Consultant, Consultant 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 Consultant. V. Indemnification: A. Consultant 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, unless Consultant is conducting work pursuant to Subsection B below. 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 City acknowledges that Consultant is performing an inspection of theater rigging only and is not being retained to make repairs. Therefore, except for the Consultant's negligence or intentional act, the City hereby agrees to indemnify, defend and hold Consultant, it employees, contractors agents managers and members harmless for any and all claims, injuries, damages, losses, suits, including legal costs and attorneys' fees, arising out of or in connection with the condition of the rigging or other dangerous conditions at the Admiral Theater including those conditions which may be identified in the Consultant's report, whether before or after the inspection. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Page 2 of 11 Bremerton/f EPS' [Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. Page 3 of 11 Bremerton/PEPS] {Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant'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. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 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 City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant 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. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or Page 4 of 11 Bremerton/[EPS] [Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Las Vegas, Nevada. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant 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 Consultant's own risk, and Consultant 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. E. Place of Work: The Consultant shall perform the inspection at the Admiral Theater and prepare the report at its offices. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. 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. Page 5 of 11 Bremerton/fEPS] IAdmiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Matt Donleycott Attn: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 J. 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. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. 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. O. Assignment: Any assignment of this agreement by the Consultant 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 subConsultants, 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. Page 6 of 11 Bremerton/jEPS] 'Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 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 shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Parry's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment,tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten(10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable,the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Washington State and Federal funding, Consultant hereby certifies,by signing this agreement,that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or Page 7 of 11 Bremerton/f EPSI [Admiral Theater] Rev. 04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF,the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON EPSSOLVES DocuSigned by: r—DocuSigned by: B : wtaS �n ttl,�u1 B :It6 jc-SSiCa Y 4S789AT� y \--97E09BCC1EF nslca ay Print Name: Tom Knuckey Print Name: Its: Public Works Director Its: Sales + Marketing Manager Date: 6/10/2024 Date: 6/10/2024 APPROVED AS TO FORM: ATTEST: Doc_u11Signed11 by::Q,A�,,,, �DocuSigned by: B : �Gu ati, 'aila By: Qln d�t.(,a Atemt,V' Y b[H BEE3u1Bu4ti2... " —24EUbED4E45CA Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 8 of 11 Bremerton/[EPSl [Admiral Theater] Rev. 04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 Exhibit A EPS letter dated April 11,2024(see attached) Page 9 of 11 Bremerton/f EPS] [Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 Exhibit B Work Schedule The date of inspection shall occur on: ,2024 to 2024. The report will be submitted to City two weeks after the last day of the inspection. Page 10 of 11 Bremerton/[EPS] [Admiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 Exhibit C Cost of Scope of Work and Estimated Travel Expenses(see attached) Page 11 of 11 Bremerton/jEPSI JAdmiral Theater] Rev.04/2023 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 EXHIBIT A&C EsAdmiral Theatre Y Rigging Inspection li EPS Proposal Number:T2311-100 Date:April 11,2024 **Quote valid for 14 days from above date Tim Hoffman-Technical Director/Production Manager 360.932.3056 I TimHoffman©admiraltheatre.org Admiral Theatre 515 Pacific Avenue, Bremerton, WA 98337 Subject: Rigging inspection References: E-mail thread Dear Tim, Thank you for reaching out to Entertainment Project Services (EPS) for your rigging inspection needs for Admiral Theatre. Below is a summary of what we can provide to accommodate your request. SCOPE EPS will provide the following service: • A full rigging inspection, including all stage and front of house rigging • The inspection will not cover the existing building structure, but may offer opinions of it • EPS will provide one (1) ETCP Certified Rigger to perform the inspection over two (2) days, and in compliance with ANSI E1.56 DELIVERABLES • EPS will provide a written inspection report with photos within two (2)weeks of the inspection • The inspector will alert the client of any concerns that require immediate attention during the inspection VENUE REQUIREMENTS • The venue must be available from 8:00am -6:00pm • The venue will provide at least two (2) dedicated technicians on-site for the duration of the inspection • The venue will ensure that access is available to all areas with rigging that lies within the scope of this inspection, including supplying a dedicated on-site lift for the duration of the inspection. Lift should be in place prior to EPS arrival. EXCLUSIONS • Consumables • Travel Expenses EPSsolves.com info©EPSsolves.com 702.929,2900 Page I1 DocuSign Envelope ID: BCFFOCBO-DE3D-48E2-AC38-C86A9C326AA8 ht�k EpL Admiral Theatre Rigging Inspection EPS Proposal Number:T2311-100 Date:April 11,2024 **Quote valid for 14 days from above date GENERAL NOTES 1. Pricing assumes that all items listed in this quote are to be included in the final version, removal or addition of elements may require a revised estimate. 2. Sales tax is not included. SCHEDULE Inspection to occur over the course of two (2) consecutive days (TBD) ESTIMATE • Includes O 2 x Days on-site with EPS Technician o Travel Days o Inspection Report o Project Management&Administration • COST OF SERVICE:$6,900 o Estimated Expenses (Travel, Lodging, Per Diem): $2,284.75 • ESTIMATED TOTAL COST OF SERVICE:$9,184.75 PAYMENT SCHEDULE • Net 30 • Cost of Service invoiced upon signing: $6,900 • Travel and/or any shipping costs billed to client as incurred +25% Thanks again for the opportunity. Please feel free to call me with any questions or if you need additional information. Kind Regards, Courtney Nichols Courtney©epssolves.com 702-929-2900 Accepted By: Date:. EPSsolves.com i nfo©E PSsolves.com 702.929.2900 Page I 2 ------ii . ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘........--- 06/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Gayle Stackhouse NAME: AssuredPartners of Nevada LLC PHONE (702)638-0022 FAX (702)638-0050 (A/C,No,Ext): (A/C,No): 375 E Warm Springs Rd Ste 201 E-MAIL gayle.stackhouse@assuredpartners.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Las Vegas NV 89119 INSURER : Lexington Insurance Company 19437 INSURED INSURER B: AXIS Surplus Insurance Company 26620 Entertainment Project Services,LLC INSURER C: WCF Select Insurance Company 21865 295 Sunpac Avenue INSURER D: Underwriter at Lloyds Syndicate 15792 INSURER E: Henderson NV 89011 INSURER F: COVERAGES CERTIFICATE NUMBER: 2024-2025 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EFF POLICY EXP NSR ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD ( ) ( ) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ A Y Y 029316023 01/08/2024 01/08/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 029316023 01/08/2024 01/08/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED ie NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE P-001-001066952-02 01/08/2024 01/08/2025 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE OTH- ER EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N/A Y 4055219 01/08/2024 01/08/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 10 ,00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , each claim $2,000,000 Professional Liability D HPL23-0692 01/08/2024 01/08/2025 annual aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Admiral Theater inspection City of Bremerton is included as additional insured as respects general liability per the terms of attached form LX43090614.Primary wording per attached form LX98380805.Waiver of subrogation per attached forms LX42770214 and WC000313.All forms apply only when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Ste 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 „eja,y,,,_x4,4,/,,,,,,,,,,,,, I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 AM 01/08/2024 Forms a part of policy no.: 029316023 Issued to: ENTERTAINMENT PROJECT SERVICES, LLC By: LEXINGTON INSURANCE COMPANY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION (Based on CG202604/13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Additional Insured Person(s) or Organization(s) As required by written contract executed prior to occurrence. Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in Whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that Which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or LX4309(06/14) Includes Copyrighted Information of the Insurance Services Page 1 of 2 Offices, Inc., with its permission. All Rights Reserved. 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of the policy remain the same. tr------- . S.)•1\-•.-- Authorized Representative LX4309(06/14) Includes Copyrighted Information of the Insurance Services Page 2 of 2 Offices, Inc.,with its permission. All Rights Reserved. 311 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Waiver Type Blanket A blanket waiver of subrogation is granted for all projects and contracts for the below named insured and its subsidiaries for all jobs requiring such a waiver in writing in all states excluding Texas listed under section 3A of your information page. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 01/08/2024 Policy No. 4055219 Endorsement No. Insured Entertainment Project Services LLC Premium 295 Sunpac Avenue Henderson, NV 89011 Insurance Company WCF National Insurance Company Countersigned by WC 00 03 13 (Ed.4-84) ©Copyright 1983-2006 National Council on Compensation Insurance,Inc.All Rights Reserved. ENDORSEMENT This endorsement, effective 12:01 AM 01/08/2024 Forms a part of policy no.: 029316023 Issued to: ENTERTAINMENT PROJECT SERVICES, LLC By: LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION This endorsement modifies insurance provided by the policy: SCHEDULE Name of Person or Organization In the event of a payment under this policy, we waive our right of subrogation against any person or organization shown in the schedule above where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions of the policy remain the same. q"-----.. , SbA._, Authorized Representative LX4277(02/14) ENDORSEMENT This endorsement, effective 12:01 AM p 1/08/2024 Forms a part of policy no.: 029316023 Issued to: ENTERTAINMENT PROJECT SERVICES, LLC BY: LEX I NGTON I NSURANCE COMPANY PRIMARYINON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non-contributing. All other terms and conditions of the policy remain the same. ci,_. , aL, Authorized Representative OR Countersignature (In states where applicable) L X9838{08/05)