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17-041.00 Evco Sound & Electronics: CenterPlace AV Upgrade _ L AGREEMENT FOR PROFESSIONAL SERVICES • Evco Sound &Electronics,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Evco Sound&Electronics,Inc.,hereinafter"Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by August 1, 2017,unless the time for performance is extended in writing by the Parties. • Agreement for Professional Services(with professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 • days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3.Compensation. City agrees to pay Consultant$15,250.00,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards, City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Evco Sound&Electronics,Inc. Phone: (509)921-1000 Phone: (509)535-8718 Address: 11707 East Sprague Ave., Suite 106 Address: 3511 E. Trent Spokane Valley, WA 99206 Spokane,WA 99202 • (After September 1,2017: 10210 East Sprague Avenue Spokane Valley,WA 99206) 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental • entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and Agreement for Professional Services(with professional liability coverage) Page 2 of 6 • 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans, specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall,'unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose, distribute,and otherwise use, in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. 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 Consultant, its agents,representatives,employees,or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. . 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Professional Services(with professional liability coverage) Page 3 of 6 4. Professional liability insurance appropriate to Consultant's profession. • B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence, and$2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. N/A C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,the following provisions for automobile liability,professional liability,and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or Agreement for Professional Services(with professional liability coverage) Page 4 of 6 arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Ill Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and(b) Consultant, Consultant's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Consultant, Consultant's agents,subcontractors, subconsultants,and employees. Consultant's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include, or extend to, any claims by Consultant's employees directly against Consultant. illConsultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer,employee,agent, or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane • County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or Agreement for Professional Services(with professional liability coverage) Page 5 of 6 • that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' • decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement'shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: • A. Scope of Services and Fee proposal B. Insurance Certificates 22''11 II,, �( (� The Parties have executed this Agreement this Jam` day of ,2017. CIT OFnSPOIAN VALLEY Cons taut: a l Mk Mark Calhoun, City Manager By: Its: Authorized Representative ATTEST: 44414.1A-4--_ Christine Bainbridge, City Clerk: APPROVED S TO FORM: Office =the CI orney • Agreement for Professional Services(with professional liability coverage) Page 6 of 6 d lectronics Inc 3511 E. Trent Spokane, Wa. • S n.ce 1.969 • 509,.535.87I8 • evcosound.com Design Proposal for The City of Spokane Valley Reference:Center Place AV Upgrade Date:3/10/2017 Contact:Joe Melton,VP Sales Evco Sound and Electronics Inc. Phone: (509) 535-5718 Pricing Design and development $ 7,650.00 Specifications and project documentation $ 3,950.00 Project coordination $ 3,650.00 Project total $15,250.00 SCOPE Evco to design and develop a system package for the listed systems below.This includes a complete design bid spec,floorplan details with detailed one line system diagrams. Evco will provide onsite verification of the existing infrastructure and will provide design requirements included with system details. Evco will coordinate 4 design review meeting onsite with the City staff to insure system design meets the requirements of the support staff and users. • Video system • 16'x9'video wall:4K resolution • Windowing of up to 9 sources • Two large LCD screens at the back of the room to show the same source as the video wall Audio system • New line array system • Digital mixer with integrated user interface • HD wireless mic system for 12 wireless system Integrated system control • AV distribution from 3 locations within the room • Crestron type control system • Integrated touchscreen for simplified user controls • Integrated Audio control Overflow room system • Combined or used independently with local control and AV inputs. • Large LCD screen 4110 • Overhead speakers 3511 E Trent Ave—Spokane,WA 99202(509)535-8718...(509)534-2795 Fax i _____-......41 EVCOSOU-01 MMAYNARD ACORCr CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/31/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RECEIVED a-pp / -t AME:CT Amber Comfort,CIC,ACSR Alliant Insurance Services Inc. I t C 9 4! E ONE 509 343-9246 FAX (509)325-1803 Moloney O'Neill ( C,No.Ext): ( ) (NC,No 818 W Riverside Ave,Ste 800 MAR ADDREss:acomfort@mo-ins.com Spokane,WA 99201 3 1 2017 INSURER(S)AFFORDING COVERAGE NAIC# IvsURERA:Continental Western Insurance Company 10804 _ INSURED 1N DEPT .JSURERB: Evco Sound&Electronics Inc INSURER C: 3511 E Trent INSURER D: Spokane,WA 99202 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A-60LPOLICY EFF POLICY EXP ' ?LTR TYPE OF INSURANCE INSD WVD POUCY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)I LIMITS A X COMMERCIAL GENERAL LIABILITY ' EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X CPA284942728 11/26/2016 11/26/2017 PREMISES(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 1 PERSONAL a ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ 2,000,000 POLICY X j PRD :V, LOC I PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO CPA284942728 11/26/2016 11/26/2017 BODILY INJURY(Per person) $ _ I— ALL OWNED ^SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE I$ HIRED AUTOS AUTOS i (Peracddent I $ UMBRELLA LIAB I I OCCUR EACH OCCURRENCE $ — EXCESS LIAB _1J CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION I PER OTH- AND EMPLOYERS'UABILITYI STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A CPA284942728 11/26/2016 11/26/2017 _E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I � , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:CenterPlace City of Spokane Valley Parks&Rec is additional insured as respects general liability for the ongoing operations of the Named Insured,as required by written contract.See form attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyParks&Rec THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability—Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of Coverage H. Who Is An Insured—Amendment Included I. Non-Owned Watercraft(Increased to maximum length of less than 51 Included feet) J. Supplementary Payments—Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement. This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A. MISCELLANEOUS ADDITIONAL INSUREDS (1) Currently in effect or becoming 1. Section II —Who Is An Insured is amended effective during the term of this to include as an insured any person or policy; and organization (referred to as an additional (2) Fully executed by you and the insured below) described in Paragraphs additional insured prior to the "bodily A.1.c.(1) through A.1.c.(8) below when you injury", "property damage" or "per- and such person or organization have agreed sonal and advertising injury". in writing in a contract or agreement that such person or organization be added as an CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision performed by or on behalf of does not apply to any person or such additional insured. organization included as an additional (4) Lessor Of Leased Equipment insured by a separate endorsement issued by us and made a part of this Any person(s) or organization(s) policy or coverage part. from whom you lease equipment but c. Only the following persons or organi- only with respect to liability for"bodily injury", "property damage" or "per- zations are additional insureds under this sonal and advertising injury" caused, provision, with coverage for such in whole or in part, by your additional insureds limited as provided maintenance, operation or use of herein: equipment leased to you by such (1) Managers Or Lessors Of Premises person(s)or organization(s). A manager or lessor of premises but A person's or organization's status only with respect to liability arising as an additional insured under this out of the ownership, maintenance or endorsement ends when their written use of that part of the premises contract or written agreement with leased to you and subject to the you for such leased equipment ends. following additional exclusions: This insurance does not apply to any This insurance does not apply to: "occurrence" which takes place after (a) Any "occurrence" which takes the equipment lease expires. place after you cease to be a (5) State, Municipality, Governmental tenant in that premises. , Agency Or Subdivision Or Other Political Subdivision — Permits Or (b) Structural alterations, new con- Authorizations Relating To struction or demolition operations Premises performed by or on behalf of such additional insured. Any state, municipality, govern- mental agency or subdivision or (2) Mortgagee, Assignee Or Receiver other political subdivision subject to A mortgagee, assignee, or receiver the following additional provisions: but only with respect to their liability (a) This insurance applies only with as mortgagee, assignee, or receiver respect to: and arising out of the ownership, maintenance, or use of a covered (i) The following hazards for premises by you. which the state, municipality, governmental agency or This insurance does not apply to subdivision or other political structural alterations, new con subdivision has issued a struction or demolition operations permit or authorization in performed by or on behalf of such additional insured. connection with premises you own, rent or control and (3) Owners Or Other Interests From to which this insurance Whom Land Has Been Leased applies: An owner or other interest from (1.1) The existence, whom land has been leased to you maintenance, repair, but only with respect to liability construction, erection arising out of the ownership, mainte- or removal of adver- nance or use of that part of the land tising signs, awnings, leased to you and subject to the canopies, cellar following additional exclusions: entrances, coal holes, driveways, manholes, This insurance does not apply to: marquees, hoist away (a) Any "occurrence" which takes openings, sidewalk place after you cease to lease vaults, street banners that land. or decorations and similar exposures; or (b) Structural alterations, new con- struction or demolition operations CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (i) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a written contract or written (ii) Operations performed by you agreement. This exclusion or on your behalf for which does not apply to liability for the state, municipality, damages that the vendor governmental agency or would have in the absence of subdivision or other political the written contract or written subdivision has issued a agreement; permit or authorization. (ii) Any express warranty unau- (b) This insurance does not apply to thorized by you; "bodily injury", "property dam- age"or"personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political (iv) Repackaging, except when subdivision. unpacked solely for the (6) Controlling Interest purpose of inspection, demonstration, testing, or the Any person(s) or organization(s) with substitution of parts under a controlling interest in the Named instructions from the manu- Insured but only with respect to their facturer, and then liability arising out of: repackaged in the original (a)Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the vendor has agreed to make This insurance does not apply to or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s) the distribution or sale of the or organization(s). products; (7) Co-Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co-owned servicing or repair opera- by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co-owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- bution or sale by you, have (a) Any person(s) or organization(s) been labeled or relabeled or (referred to as vendor), but only used as a container, part or with respect to "bodily injury" or ingredient of any other thing "property damage" arising out of or substance by or for the "your products" which are vendor; or distributed or sold in the regular course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii)"Bodily injury" or "property 3. With respect to the insurance afforded to the damage" arising out of the additional insureds within this Provision A. sole negligence of the Miscellaneous Additional Insureds, the vendor for its own acts or following is added to Section III — Limits Of omissions or those of its Insurance: employees or anyone else The most we will pay on behalf of the acting on its behalf. How- additional insured is the amount of insurance: ever, this exclusion does not apply to: a. Required by the written contract or (1.1) The exceptions written agreement; or contained in Sub- b. Available under the applicable Limits Of paragraphs (iv) or (vi); Insurance shown in the Declarations; or whichever is less. (1.2) Such inspections, ad- This endorsement shall not increase the justments, tests or applicable Limits Of Insurance shown in the servicing as the Declarations. vendor has agreed to make or normally B. EXPECTED OR INTENDED INJURY OR undertakes to make in DAMAGE the usual course of Exclusion 2.a. Expected Or Intended Injury of business, in con- Section I — Coverage A — Bodily Injury And vection with the Property Damage Liability is deleted and distribution or sale of replaced by the following: the products. (b) This insurance does not apply to a. Expected Or Intended Injury Or Damage any insured person or organi- "Bodily injury"or"property damage"expected zation, from whom you have or intended from the standpoint of the acquired products, or any insured. This exclusion does not apply to ingredient, part or container, "bodily injury" or "property damage" resulting entering into, accompanying or from the use of reasonable force to protect containing such products. persons or property. 2. With respect to coverage provided by this C. KNOWLEDGE OF OCCURRENCE Provision A. Miscellaneous Additional Paragraph 2.a. Duties In The Event Of Insureds, the following additional provisions Occurrence, Offense, Claim Or Suit of Section apply: IV — Commercial General Liability Conditions a. Any insurance provided to an additional is deleted and replaced by the following: insured designated under Paragraphs a. You must see to it that we are notified as A.1.c.(1) through A.1.c.(8) above does soon as practicable of an "occurrence" or an not apply: offense which may result in a claim only (1) To "bodily injury" or "property when the "occurrence" or offense is known damage" included within the to: "products-completed operations (1) You, if you are an individual; hazard"; or (2) To "bodily injury", "property damage" (2) A partner, if you are a partnership; or "personal and advertising injury" (3) A manager, if you are a limited liability arising out of the sole negligence of company; or such additional insured. (4) An "executive officer" or the "employee" b. The insurance afforded to such additional designated by you to give such notice, if insured only applies to the extent you are an organization other than a permitted by law. partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that (i) How, when and where the "occurrence" which you are required to provide by the or offense took place; written contract or written agreement. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured you, or in the case of damage by fire, persons and witnesses; and lightning, explosion, "smoke", or leakage from automatic fire protective systems, (iii)The nature and location of any injury or while rented to you or temporarily damage arising out of the "occurrence" occupied by you with permission of the or offense. owner. D. LEGAL LIABILITY — DAMAGE TO PREMISES This limit will apply to all damage RENTED TO YOU (Fire, Lightning, Explosion, proximately caused by the same event, Smoke, Or Leakage From Automatic Fire whether such damage results from fire, Protective Systems) lightning, explosion, "smoke", leakage If damage to premises rented to you is not from automatic fire protective systems, or otherwise excluded from this policy or coverage other covered causes of loss or any part,then the following provisions apply: combination thereof. 1. Under Section I — Coverage A — Bodily 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Injury And Property Damage Liability, the Other Insurance of Section IV — last paragraph (after the exclusions) is Commercial General Liability Conditions deleted and replaced by the following: is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- (ii) That is fire, lightning, explosion, "smoke" age by fire, lightning, explosion, "smoke", or or leakage from automatic fire protective leakage from automatic fire protective systems insurance for premises rented to systems to premises while rented to you or you or temporarily occupied by you with temporarily occupied by you with the permission of the owner; permission of the owner. A separate limit of 5. Subparagraph a. of Definition 9. "Insured insurance applies to this coverage as contract" of Section V — Definitions is described in Section III — Limits Of deleted and replaced by the following: Insurance. a. A contract for a lease of premises. 2. The paragraph immediately after Sub- However, that portion of the contract for paragraph j.(6) of Paragraph 2. Exclusions a lease of premises that indemnifies any of Section I — Coverage A — Bodily Injury person or organization for damage by And Property Damage Liability is deleted fire, lightning, explosion, "smoke" or and replaced by the following: leakage from automatic fire protective Paragraphs (1), (3) and (4) of this exclusion systems to premises while rented to you do not apply to "property damage" (other or temporarily occupied by you with than damage by fire, lightning, explosion, permission of the owner is not an "smoke", or leakage from automatic fire "insured contract". protective systems) to premises, including 6. As used in this Provision D. Legal Liability— the contents of such premises, rented to you Damage To Premises Rented To You: for a period of seven or fewer consecutive days. A separate limit of insurance applies to "Smoke" does not include smoke from Damage To Premises Rented To You as agricultural smudging, industrial operations described in Section III — Limits Of or"hostile fire". Insurance. E. MEDICAL PAYMENTS 3. Paragraph 6. of Section III — Limits Of If Coverage C — Medical Payments is not Insurance is deleted and replaced by the otherwise excluded from this policy or coverage following: part, the Medical Expense Limit is changed, 6. Subject to Paragraph 5. above, the subject to the terms of Section III — Limits Of greater of: Insurance, to the greater of: a. $300,000; or a. $10,000; or b. The Damage To Premises Rented b. The Medical Expense Limit shown in the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph f.(1) of Definition 12. "Mobile A for damages because of "property equipment" of Section V— Definitions is deleted damage" to premises while rented to and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of partnership or limited liability company 1,000 pounds or more and designed primarily are the same or similar to the operations for: of insureds already covered under this insurance; (a) Snow removal; (v) Coverage only applies for those limited (b) Road maintenance, but not construction liability companies who have established or resurfacing; or a date of formation as recorded within (c) Street cleaning; the filed state articles of organization, certificates of formation or certificates of G. NEWLY FORMED OR ACQUIRED ORGANIZA- organization; and TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF (vi) Coverage only applies for those part- COVERAGE nerships who have established a date of formation as recorded within a written Paragraph 3. of Section II —Who Is An Insured partnership agreement or partnership is deleted and replaced by the following: certificate. 3. Any organization you newly acquire or form, H. WHO IS AN INSURED—AMENDMENT other than a joint venture, and over which you maintain ownership or: The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: a. Majority interest of more than 50% if you are a corporation; No person or organization is an insured with respect to the conduct of any: b. Majority interest of more than 50% as a general partner of a newly acquired or a. Current partnership or limited liability formed partnership; and/or company, unless otherwise provided for under Paragraph 3. of Section II — Who Is c. Majority interest of more than 50% as an An Insured; owner of a newly acquired or formed limited liability company; b. Current joint venture; or will qualify as a Named Insured if there is no c. Past partnership, joint venture or limited other similar insurance available to that liability company; organization. However, for these organiza- that is not shown as a Named Insured in the tions: Declarations. (i) Coverage under this provision is afforded I. NON-OWNED WATERCRAFT only until the next anniversary date of this policy's effective date after you Subparagraph (2) of Exclusion 2.g. Aircraft, acquire or form the organization, Auto Or Watercraft of Section I — Coverage A partnership or limited liability company, — Bodily Injury And Property Damage Liability or the end of the policy period, whichever is deleted and replaced by the following: is earlier; (2) A watercraft you do not own that is: (ii) Section I — Coverage A— Bodily Injury (a) Less than 51 feet long; and And Property Damage Liability does not apply to "bodily injury" or "property (b) Not being used to carry persons or damage" that occurred before you property for a charge. acquired or formed the organization, J. SUPPLEMENTARY PAYMENTS — INCREASED partnership or limited liability company; LIMITS (iii) Section I — Coverage B — Personal Section I — Supplementary Payments — And Advertising Injury Liability does Coverages A And B is changed as follows: not apply to "personal and advertising injury" arising out of an offense 1. The limit shown in Paragraph 1.b. for the committed before you acquired or formed cost of bail bonds is changed from $250 to the organization, partnership or limited $3,000; and liability company; . 2. The limit shown in Paragraph 1.d. for loss of (iv) Coverage applies only when operations earnings because of time off from work is of the newly acquired organization, changed from $250 a day to$1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- M. LIBERALIZATION CLAUSE TIONAL ERROR IN DISCLOSURE The following is added to Section IV — The following provision is added to Paragraph 6. Commercial General Liability Conditions: Representations of Section IV — Commercial If we adopt a mandatory attachment form change General Liability Conditions: which broadens coverage under this edition of However, the unintentional omission of, or the Commercial General Liability CG0001 for no unintentional error in, any information given or additional charge, and those changes are provided by you shall not prejudice your rights intended to apply to all insureds under this edition under this insurance. of CG0001, that change will automatically apply to your insurance as of the date we implement This provision does not affect our right to collect the change in your state. This liberalization additional premium or to exercise our right of clause does not apply to changes implemented cancellation or non-renewal. through introduction of a subsequent edition of L. WAIVER OF TRANSFER OF RIGHTS OF the Commercial General Liability form CG0001. RECOVERY AGAINST OTHERS N. INCIDENTAL MEDICAL MALPRACTICE The following is added to Paragraph 8. Transfer 1. Paragraph 2.a.(1)(d) of Section II — Who Is Of Rights Of Recovery Against Others To Us An Insured does not apply to a physician, of Section IV — Commercial General Liability nurse practitioner, physician assistant, nurse, Conditions: emergency medical technician or paramedic We waive any right of recovery we may have employed by you if you are not in the against any person or organization because of business or occupation of providing medical, payments we make for injury or damage arising paramedical, surgical, dental, x-ray or out of your ongoing operations or"your work"and nursing services. included in the "products-completed operations 2. This provision is excess over any other valid hazard" when you have agreed in a written and collectible insurance whether such contract or written agreement that any right of insurance is primary, excess, contingent or recovery is waived for such person or on any other basis. Any payments by us will organization. This waiver applies only to the follow Paragraph 4.b. of Section IV — person(s) or organization(s) agreed to in the Commercial General Liability Conditions. written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the"bodily injury"or"property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy,then this waiver does not apply. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission 44 .an( k.€"a .E,l .I fet [Search L&I l t•. 1 '\ I,' e` teap y,y 3.4.1 0 Safety q, !waft!,waft!, ,..,fair s&It ci 'ance 'N r< ii.,,.:* .E n,° Trades&i consnq CoWashington State Department of Labor & Industries EVCO SOUND & ELECTRONICS INC Owner or tradesperson 3511 East Trent SPOKANE,WA 99202 Principals 509-535-8718 BAUER, DANA L,VICE PRESIDENT SPOKANE County BAUER, KEVIN D,AGENT TUXFORD,THOMAS N (End: 01/04/2016) TUXFORD,JUDY P (End: 01/04/2016) BRYANT, CHRIS P (End:01/04/2016) MCBRIDE, GERALD E (End: 01/04/2016) TUXFORD,THOMAS N,AGENT (End: 01/04/2016) •oing business as EVCO SOUND&ELECTRONICS INC WA UBI No. Business type 600 187 719 Corporation Governing persons JUDY TUXFORD THOMAS TUXFORD; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Electrical Contractor Active. Meets current requirements. License specialties LIMITED ENERGY HVAC/RFRG License no. EVCOSEI151BM Effective—expiration 01/14/1985—08/03/2018 Designated administrator Active. •BRYANT CHRISTOPHER P Meets current requirements. License type License no. Master Electrician BRYANCP972QL Bond TRAVELERS CAS &SURETY CO $4,000.00 • Bond account no. 12/11/2000 01/01/2001 Expiration date Until Canceled Savings No savings accounts during the previous 6 year period. •nse Violations Infraction no. ECHAP01141 Satisfied Issue date RCW/WAC 06/20/2012 19.28.101 RCW Violation amount Violation city $250.00 SPOKANE Type of violation ELECTRICAL CITATION Description Failing to obtain or post an electrical/telecommunications work permit prior to beginning the electrical/telecommunication installation or alteration as referenced in WAC 296-46B-900 (3)(6), effective after 12/30/2008 see WAC 296- 46B-901. Workers' comp Do you know if the business has employees? If so, verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 227,266-00 Doing business as EVCO SOUND&ELECTRONICS INC Ilkmated workers reported arter 4 of Year 2016"51 to 75 Workers" L&I account representative T5/MELISSA VEST(360)902-5613-Email:VESM235@Ini.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Washington State Dept.of Labor&Inoustries.Use of this site Is subject to the taws of the state of Washington. • I'7 —o41 -t- ,01 ACG CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) `.../ 11/22/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If.SUBROGATION IS WAIVED,subject to-the-teams-and-conditions-ef the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to theof iri$Ralideppeu df such endorsement(s). PRODUCER CONTACT RM Home Office TrueNorth 500 1st St Companies, L.C.SE NOV 3 a 20 7 ralir°N!u.Fxn 319-366-2723 ac.No):877-810-6374 Cedar Rapids IA 52401 ADDRIESS:Certs@truenorthcompanies.com PARKS & RECREATION DEPT. INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Atlantic Specialty Insurance Company 27154 INSURED EVCOSOU-01 INSURER B: EVCO Sound&Electronics Inc INSURER C: 3511 E Trent Ave Spokane WA 99202-4416 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2051464063 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. !NSR TYPE OF INSURANCE ADDL—SUBft POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYY) A x COMMERCIAL GENERAL UABILITY Y 711-01-60-55-0000 11/26/2017 11/26/2018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCURTED— REN PREMISES(Ea occurrence) $500,000 _ MED EXP(Any one person) $10,000 • PERSONAL&ADV INJURY $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY X X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 711-01-60-55-0000 11/26/2017 11/26/2018 (�a accident)INbtl CIMII $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNEDT '-PR'OPERTYDW09r/CGE (Per acckieM) $ A X UMBRELLA LIAB X OCCUR 711-01-60-55-0000 11/26/2017 11/26/2018 EACH OCCURRENCE _ $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$0 $ WORKERS COMPENSATION PERTUTE ETH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ li yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Washington State-Stop Gap 711-01-60-55-0000 11/26/2017 11/26/2018 WA State-Stop Gap 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) If Yes is indicated above for add'I insd forms Gen Liab#VCG207 (premises),#VCG207 (completed operations),Auto Liab#VCA201 applies. If Yes is indicated above for waiver of subrogation forms Gen Liab#VCG207,Auto Liab#VCA201. Coverage is extended for work performed and required under written contract with the above named insured. Project:CenterPlace City of Spokane Valley Parks& Rec is additional insured as respects general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley Parks&Rec THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2426 N Discovery Place ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley WA 99216 AUT ORIZED REPRESENTATIVE I ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD