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17-020.02 Crave Northwest: Vision Marketing 4 GI,YoKane 10210 E Sprague Avenue♦ Spokane Valley WA 99206 Valle Phone: (509)720-5000 •Fax:(509)720-5075 •www.spokanevalley.org 40000 Email:cityhall@spokanevalley.org Dec. 21, 2018 Contract No. 17-020.02 Tom Stebbins JAKT Foundation P.O. Box 85 Newman Lake, WA 99025 Re: Implementation of 2019 option year and First Amendment of Agreement for Crave Food and Drink Festival, 17-020 Dear Tom: Option Year Renewal. The City executed an Agreement for provision of marketing services related to Crave! on March 6, 2017, by and between the City of Spokane Valley, hereinafter"City", and Vision Marketing, hereinafter"Contractor" and jointly referred to as"Parties." The original Agreement states that it was for one year, with four optional one-year terms possible if the parties mutually agree to exercise the options each year. This is the second year of four possible option years that can be exercised and runs through December 31, 2019. The City would like to exercise the 2019 option year of the Agreement. The Compensation as outlined in the Agreement shall not exceed $50,000. Consultant has sought and obtained $21,500 in lodging tax revenue funding approval from the City Council and the City will directly pay the remaining $28,500. The history of the annual renewals, including dollar amounts, is set forth as follows: 2017 Original contract amount .$50,000 2018 Renewal .... .$20,000 in City funds plus $30,000 in lodging tax revenue via LTAC grant contract#18-025. 2019 Renewal $28,500 in City funds plus $21,500 in lodging tax revenue via a LTAC grant contract#19-012. First Amendment. Additionally, the Parties desire to amend the original Agreement as follows: Vision Marketing has assigned and transferred all rights and responsibilities under the Agreement to JAKT Foundation. JAKT Foundation is now the operator of Crave! and consists of members from Vision Marketing. Pursuant to Section 14 of the original Agreement, the City hereby consents to assignment, transfer, and delegation of all rights and responsibilities of Vision Marketing to JAKT Foundation, and from hereafter all references in the Agreement to Consultant shall refer to JAKT Foundation. All of the other contract provisions contained in the original Agreement shall remain in place and remain unchanged in exercising this option year and entering into this First Amendment. If you are in agreement with exercising the 2019 option year and the Amendment, please sign below to acknowledge the receipt and concurrence to perform the 2019 option year and First Amendment. Please return two copies to the City for execution, along with current insurance information. A fully executed original copy will be mailed to you for your files. CIT OF SPOKANE VALLEY JAKT Fou :�ion/Vi'#" Mark Calhoun, City Manager /-�'j 3Z0/9 Name 0,5-teier Title ATTEST: Ap /1 iL Christine Bainbridge, City Clerk APPROVED AS TO FORM: / ' Office the Cit ttorney �► �° CERTIFICATE OF LIABILITY INSURANCE DATE ) 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(les)must be endorsed.If SUBROGATIONIS 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 ALLIANT INSURANCE SERVICES INC/PHS NAME: 52802465 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD PHONE SAN ANTONIO, TX 78265 (A/c,No,Ext): (866)467-8730 FAX No): (888)443-6112 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURERA: The Hartford Casualty Insurance 29424 VISION MARKETING, LLC Company JAKT FOUNDATION INSURER B: PO BOX 85 INSURER C: NEWMAN LAKE WA 99025-0085 INSURER O: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD IMM/DD/YYYYI (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS-MADE [7OCCUR DAMAGE TO RENTED $300,000 PREMISES(Ea occurrence) X General Liability X MED EXP(Any one person) _ $10,000 A 52 SBA TZ9454 01/15/2019 01/15/2020 PERSONAL&ADV INJURY $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY [PRJECT X O LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Ea accident) — ANY AUTO • BODILY INJURY(Per person) A ALL OWNED SCHEDULED 52 SBA TZ9454 01/15/2019 01/15/2020 BODILY INJURY(Per accident) AUTOS _ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED X X AUTOS (Per accident)— - UMBRELLA LIAR OCCUR EACH OCCURRENCE — EXCESS LIAB — CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 A OFFICER/MEMBER EXCLUDED? N/A — 52 SBA TZ9454 01/15/2019 01/15/2020 (Mandatory in NH) C _ E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below EMPLOYMENT PRACTICES Each Claim Limit $5,000 A LIABILITY 52 SBA TZ9454 01/15/2019 01/15/2020 Aggregate Limit $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations.Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CENTERPLACE REGIONAL EVENT CENTER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E SPRAGUE AVE STE 106 ACCORDANCE WITH THE POLICY PROVISIONS. SPOKANE VALLEY WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 6 BTA7g .(y A 14 LSS}� fv1. ` uQ 1 Iu d STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES January 7, 2019 ATTN:TOM STEBBINS RE:JAKT FOUNDATION UBI: 604-085-875 P.O. BOX 85 NEWMAN LAKE, WA 99025-0085 Determination of coverage INDEPENDENT CONTRACTOR—VISION MARKETING,UBI 601 756 083; EAT GOOD LLC, UBI 603 295 429 Facts provided by employer: •Telephone discussion 01/07./2019 Analysis: • RCW 51.12.035 defines a volunteer for a non-profit(501C-3)organization and excludes volunteers of non-profit organizations from workers' comp insurance coverage. All volunteers for JAKT Foundation are excluded from workers' comp coverage. Workers' Comp Coverage may be elected by JAKT for volunteers. RCW 51.08.180 defines a worker to include independent contractors that proved personal labor for an employer. RCW 51.08.195 requires an independent contractor to meet all 6 parts of the"tests"to meet the exception to the definition of a"worker"under RCW 51.08.180 and be excluded from coverage. Based on the information provided,Vision Marketing, LLC, UBI 604 085 875 and Eat Good, LLC, UBI 603 295 429, are excluded from workers' comp coverage for work performed for JAKT Foundation. Vision Marketing. LLC and Eat Good, LLC meet all parts of RCW 51.08.195. The entitites and the business owners,would be considered excluded for workers' comp insurance purposes. JAKT Foundation is operating as required by Title 51 and does not require an active Washington Workers' If you have any questions, please cont.• me. 'ncerely, 416,1114.40 S en 11eaty '� 4010, Workers' Comp Coverage IP• •rminations Phone: 509-324-2627 Email: beat235@lni.wa.gov 901 N Monroe Street Suite 100 Spokane, WA 99201-2149 • -fir-• 0 6 BT:Y!O ss p t�ii�i Psis` ieag P STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES "Worker"—Exceptions. "Worker" means every person in this state who is engaged in the employment of an employer , under this title, whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract,the essence of which is his or her personal labor for an employer under this title, whether by way of manual labor or otherwise, in the course of his or her employment, or as an exception to the definition of worker, a person is not a worker if he or she meets the tests set forth in subsections (1)through (6) of RCW 51.08.195 or the separate tests set forth in RCW 51.08.181 for work performed that requires registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW: PROVIDED, That a person is not a worker for the purpose of this title,with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier. [2008 c 102 § 3; 1991 c 246 § 3; 1987 c 175 § 3; 1983 c 97 § 1; 1982 c 80 § 1; 1981 c 128 § 2; 1977 ex.s. c 350 § 15; 1961 c 23 § 51.08.180. Prior: 1957 c 70 § 20; prior: (i) 1939 c 41 § 2,part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2,part; 1917 c 120 § 1,part; 1911 c 74 § 3, part; RRS § 7675, part. (ii) 1937 c 211 § 2; RRS § 7674-1.] NOTES: Conflict with federal requirements—Severability-2008 c 102: See notes following RCW 51.08.070. Effective date—Conflict with federal requirements-1991 c 246: See notes following RCW 51.08.195. RCW 51.12.035: Volunteers (2)Except as provided in RCW 51.12.050,.volunteers may be deemed employees and/or workers, as the case may be, for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of any city,county, town, special district, municipal corporation,or political subdivision of any type,or any private nonprofit charitable organization, when any such unit of local government or any such nonprofit organization has given notice of covering all of its volunteers to the director prior to the occurrence of the injury or contraction of an occupational disease. A "volunteer" shall mean a person who performs any assigned or authorized duties for any such unit of local government,or any such organization,except emergency services workers as described by chapter 38.52 RCW,or fire fighters covered by chapter 41.24 RCW, brought about by one's own free choice, receives no wages,and is registered and accepted as a volunteer by any such unit of local government, or any such organization which has given such notice, for the purpose of engaging in authorized volunteer services: PROVIDED,That such person shall be deemed to be a volunteer although he or she may be granted maintenance and reimbursement for actual expenses necessarily incurred in performing his or her assigned or authorized duties: PROVIDED FURTHER,That juveniles performing community restitution under chapter 13.40 RCW may not be granted coverage as volunteers under this section. • 0 RCW 51.08.195 "Employer" and "worker"Additional exception. As an exception to the definition of"employer" under RCW 51.08.070 and the definition of "worker" under RCW 51.08.180, services performed by an individual for remuneration shall not constitute employment subject to this title if it is shown that: • (1)The individual has been and will continue to be free from control or direction over the performance of the service,both under the contract of service and in fact; and (2)The service is either outside the usual course of business for which the service is performed, or the service is performed outside all of the places of business of the enterprise for which the service is performed, or the individual is responsible,both under the contract and in fact, for the costs of the principal place of business from which the service is performed; and (3) The individual is customarily engaged in an independently established trade, occupation, profession, or business, of the same nature as that involved in the contract of service, or the individual has a principal place of business for the business the individual is conducting that is eligible for a business deduction for federal income tax purposes; and (4) On the effective date of the contract of service, the individual is responsible for filing at the next applicable filing period, both under the contract of service and in fact, a schedule of expenses with the internal revenue service for the type of business the individual is conducting; and (5) On the effective date of the contract of service, or within a reasonable period after the effective date of the contract, the individual has established an account with the department of revenue, and other state agencies as required by the particular case, for the business the individual is conducting for the payment of all state taxes normally paid by employers and businesses and has registered for and received a unified business identifier number from the state of Washington; and (6) On the effective date of the contract of service, the individual is maintaining a separate set of books or records that reflect all items of income and expenses of the business which the individual is conducting. [2008 c 102 § 4; 1991 c 246 § 1.] NOTES: Conflict with federal requirements—Severability-2008 c 102: See notes following RCW 51.08.070. Effective date-1991 c 246: "This act shall take effect January 1, 1992." [1991 c 246 § 10.] Conflict with federal requirements-1991 c 246: "If any part of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits,the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of • this act. The rules under this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state." [1991 c 246 § 9.]