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ECRA CMB Concession Services
AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and PECOS LEAGUE OF PROFESSIONAL BASEBALL CLUBS,LLC for CMB CONCESSION SERVICES This Agreement is entered into May 2016 by and between the City of Salina, Kansas, (the "City") and Pecos League of Professional Baseball Clubs, LLC,a Texas limited liability company(the"Contractor"). Recitals i A. The City desires to contract for the purpose of providing Cereal Malt Beverages ("CMB") to attendees at Pecos League baseball games at Dean Evans Stadium within the East Crawford Recreation Area, in compliance with federal, state,and local law. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement"means this Agreement for Concession Services,as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Contractor"means the Pecos League of Professional Baseball Clubs, LLC, and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties Fl Exhibit B: Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements )3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The Contractor shall pay the City for the right to perform the concession services pursuant to this Agreement,as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit D. attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. Contractor Services(2015-07-24) 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A- VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs) attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses relate to, arise out of, or are alleged to have resulted from the wrongful acts, negligent acts, errors, omissions, or defective work or services of the Contractor, its employees, agents, or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty(30) days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five(5)days of any such termination,all finished or unfinished documents,data,studies, surveys, drawings, maps, models,photographs, reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. if either party fails to comply with any term of this Agreement within ten (10) days after written notice to comply has been mailed byi the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies, in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement, to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt,but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by registered or certified 2 • mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk P.O. Box 736 Salina. KS 67402-0736 CONTRACTOR: Pecos League of Professional Baseball Clubs, LLC Attn: Andrew Dunn,Commissioner ,P.O. Box 271489 Houston, TX 77277 14. Retention and Inspection of Records. The Contractor shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the "Retention Period"); provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Contractor shall allow a representative of the City during normal business hours to examine,audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes, subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms, or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal, state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion, age,color,national origin,ancestry or disability; 3 (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Contractor shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended, in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Contractor: (1) Employs fewer than four employees during the term of this Agreement; or (2) Contracts with the City for cumulatively'$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder, including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. • 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. i 4 • 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof,shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. Wherever used, singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA, •..'SAS By: ILA _� I I = NOTARY PUBLIC-State of Kansas �'—'— --- MICHELE R. ORR as.' A.Gage,City` nag.f' =t� 1� My Appt.Expires '53—`-i—C) Attest: Michele R. Orr, Notary Public PECOS LEAGUE OF PROFESSIONAL BASEBALL CLUBS,LLC By: Name: R f ou41 Title: ^Q� �/ 0(1_4% I r(d t9r 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES 1. Right to Operate. The City grants to Contractor the right to sell CMB at a mutually- agreed upon location within the fenced grounds of Dean Evans Stadium ("Concession Area") which is within the baseball/softball complex known as East Crawford Recreation Area ("Complex"). Contractor acknowledges and agrees that the City has separately contracted with a food and beverage concessionaire for baseball and softball games at the Complex (the"F&B Concessionaire"), and that, for purposes of this Agreement, the City's F&B Concessionaire shall have the exclusive, first right to sell food and beverages at the Complex, including Dean Evans Stadium, during all Pecos League games. Accordingly, Contractor shall not sell any food or non-CMB beverages when the City's F&B Concessionaire is open and operating its concession stand at the Complex. Notwithstanding the foregoing, the City grants to Contractor the limited right to sell food and non-CMB beverages in connection with the sale of CMB within the Concession Area, but only if the F&B Concessionaire is not open and operating its concession stand at the Complex. 2. Food and Beverage. The type and price of any products to be sold by Contractor shall be conspicuously posted at each concession stand and shall be subject to prior approval by the City. Contractor agrees to abide by any and all contractual obligations of the City, whether now or hereafter existing, with respect to exclusive distribution rights at the Complex, including but not limited to any agreement between the City and a vendor for exclusive pouring rights at the Complex. 3. Records and Reporting. Contractor shall keep and maintain, and report to the City on a monthly basis during the term of this Agreement, or at such other times as may be reasonably requested by the City, complete and accurate records relating to sales data and revenue from CMB sales and non- CMB sales under to this Agreement. 4. Equipment, Supplies, and Inventory. Contractor shall be responsible for the cost and all aspects of properly equipping, supplying, and stocking the concession stands. Contractor shall maintain all equipment in good working order and shall not damage City property in either the installation or removal of any equipment. Any equipment, supplies, and inventory purchased by Contractor for use in the concession operation shall remain the property of Contractor. Contractor shall be solely responsible for any risk,of,propertty loss or damage.to .equipment or other personal property owned or leased by Contractor for use:.in the"concession`operation, and Contractor may obtain insurance coverage for loss or damage to its equipment'and other personal;property at its discretion and expense. 5. Storage of Inventory and Supplies. All equipment, supplies, and inventory necessary for the concession operation shall be removed from the premises after each Pecos League game. 6. Loss of Inventory or Money. The City shall not be responsible for any loss of inventory or money suffered by Contractor. 7. Lawful Operation. Contractor shall conduct CMB sales and all other authorized concession operations in compliance with all federal, state and local laws and permit or license requirements. Contractor shall be solely responsible for obtaining any permits or licenses required to lawfully conduct the concession operation, and shall bear any penalties associated therewith. Without limitation, such responsibilities shall include preventing CMB consumption by minors, refusing CMB sales to intoxicated patrons, and complying with other prohibitions and regulations as provided by applicable law. 8. Sanitation. Contractor shall maintain the Concession Area and the surrounding area, and all fixtures, equipment, and personal property within the Concession Area associated with Contractor's A-1 CMB sales, whether owned by the City or Contractor, in a clean, sanitary, and orderly condition at,all times. All janitorial services necessary in the Concession Area associated with CMB sales shall be the responsibility of Contractor. The City shall dispose of trash collected by Contractor from the Concession Area and deposited in sealed containers in locations designated by the City. 9. Staffing. Without limitation, Contractor shall only permit CMB sales by personnel qualified to do so under applicable law. Contractor's employees selling CMB shall not for any purposes be regarded as the agents or employees of the City. 10. Access. Contractor shall take reasonable precautions to prevent unauthorized access to the concession operation by third parties. Notwithstanding the foregoing, the City's employees or authorized representatives shall have reasonable access to the Concession Area when needed for inspection, maintenance, or other activities. 11. Utilities. Due to the integrated nature of the utility service at the Complex, Contractor will not be separately charged for any utilities consumed in the concession operation. With the approval of the City, and at Contractor's expense, Contractor may obtain additional or modified utility service. Any additions or modification to the utility service shall be regarded as a permanent installation and shall remain in place upon termination of this Agreement. 12. Taxes. Contractor shall be solely responsible for the collection and payment of state and local taxes to be paid on all food, beverages, and other merchandise sold in the Concession Area, including, without limitation, applicable sales or liquor taxes on CMB sales. 13. Removal of Equipment upon Termination. Upon termination of this Agreement, Contractor shall immediately discontinue operations and remove all equipment, inventory, and supplies from the Concession Area. 14. Agreement Contingent upon Legal Authority to Sell CMB. Contractor's rights under this Agreement are expressly contingent upon Contractor's ability to obtain and maintain a valid license to sell CMB for consumption at Dean Evans Stadium. If Contractor is unable to satisfy applicable legal requirements for obtaining or maintaining a valid license to serve CMB at Dean Evans Stadium for any reason, this Agreement and Contractor's rights hereunder may be immediately terminated in the City's sole discretion. Further, nothing in this Agreement shall be construed to affect the City's authority to accept or reject Contractor's application for a CMB license or the City's authority to enforce rules and regulations pertaining to service of CMB under applicable law. • A-2 EXHIBIT B • TERM; SCHEDULE 1. Term. The term of this Agreement shall be for a primary term of the Pecos League's 2016 baseball season at Dean Evans Stadium, and shall self-renew annually for the following single season, subject to the potential for prior termination pursuant to the terms of this Agreement. 2. Schedule. Contractor shall only provide the concession services at scheduled Pecos League games, commencing up to one hour prior to the scheduled start time of a game and continuing until the game ends. Contractor will provide the City with a proposed game schedule at the beginning of the season, but the schedule is subject to change due to weather or other scheduling issues, as mutually agreed by the City and Contractor. B-1 EXHIBIT C BASIS OF PAYMENT 1. Compensation. The Contractor shall pay to the City, for the right to sell concessions at the Concession Area, the sum of $25.00 per baseball game for which the Contractor operates Ithe concession stand,payable on or before the 10th day of each month during the term of this Agreement,with each monthly payment equal to the compensation due and owing for games played during the immediately preceding month. • • C-1 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain, pay for, and maintain — and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and shall apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents,representatives,officers, officials,and employees. C. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 • Personal and Advertising Liability $1,000,000 B. Liquor Liability. The Contractor shall maintain liquor liability coverage for liability arising from bodily injury and property damage imposed by reason of selling, serving or furnishing of any alcoholic beverages. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $1,000,000 C. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D-1 • D. Workers' Compensation/Employer's Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 A i I ' DATE(MM/DD/YYYY) A�I$ CERTIFICATE OF LIABILITY INSURANCE I 5/24/2016 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 Phone: (804)354-9020 CONTACT Chris Fox ! Fax: (866)352-1401 PHONE (804)354-9020 F" (866)352-1401 The Monument Sports Group (A/C.No.Ext): (A/C,No): 1365 Overbrook Road AD DRESS: CIIris@monumentsports.com Suite#1 INSURER(S)AFFORDING COVERAGE NAIC# Richmond,Virginia 23220 INSURER A: Everest Reinsurance Company 26921 INSURED INSURER B: Pecos League of Professional Baseball Clubs,LLC INSURER C: P O Box 271849 INSURER D: Houston,TX 77277 INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER: 1287 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 SD SWVD POLICY NUMBER POLICY EFF POLICY EXP N OMITS (MM/DD/YYYY) (MM/DD/YYY1r) 1 COMMERCIAL GENERAL LIABILITY S18GL00903-161 5/18/2016 5/18/2017 EACH OCCURRENCE $ ! ' 1,000,000 ,q DAMAGE TO RENTED 100,000 CLAIMS-MADE ✓ OCCUR PREMISES(Ea occurrence) $ ! _ MED EXP(Any one person) _ $ Excluded PERSONAL&ADV INJURY $ I 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ✓ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Participant Legal Liability $ Excluded AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ ' HIRED AUTOS AUTOS (Per accident) $ • UMBRELLA LIAB ✓ OCCUR SI8EX00446-161 5/18/2016 5/18/2017 EACH OCCURRENCE $I , 2,000 0 00 A ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $j 2,000,000 OED I RETENTION S $ • WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $! , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) j The Certificate holder is named as additional insured if required by written contract. This certificate is 'issued in reference to the named insured's operations and subject to the terms, conditions and other provisions of the policies. 1 CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest:Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 300 West Ash Salina,KS 67401 AUTHORIZED REPRESENTATIVE} ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I •