ECC Board of Trustees Executive Summary

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1 ECC Board of Trustees Executive Summary : September 29, 2016 Subcommittee: Consent Agenda Agenda Item: Agreement requested between ECC and the Buffalo Bills, LLC for Law Enforcement Training Academy (LETA) Instruction/Training in Parking Lots This item is for: For Board's Approval Backup Documentation: Attached to this document Background Information As part of the New York State Department of Criminal Justice Service training requirements, the LETA conducts the one week Emergency Vehicle Operation Course PB210. The advantage of an agreement with the Buffalo Bills is that during the week there are open, unused paved parking lots that are not accessible to the general public. Since the lots are in close proximity of South Campus, the classroom portion of the training will be offered there. The agreement is for two one week sessions on October 24 to 28 and November 7 to 11. Reasons for Recommendation: Agreement is necessary to fulfill Police Academy s Basic Training program requirements to certify recruits. Fiscal Implications: No charge to use facility. Consequences of Negative Action: Loss of revenues, student enrollment and required learning competencies. Steps Following Approval: Review and approval by ECC legal counsel. Contact Information If Any Questions: Richard C. Washousky, Executive Vice President of Academic Affairs, North Campus Phone: (716) / E Mail: washousky@ecc.edu

2 SINGLE EVENT LICENSE AGREEMENT This Single Event License Agreement (the "Agreement") is entered into by and between Buffalo Bills, LLC, a Delaware Limited Liability Company (the Bills ) and Police Academy of Erie Community College North (the Licensee ). 1. Facility, Event & Time. The Bills agree to license to Licensee, and the Licensee hereby accepts, for a period of 10 hours on October & November 7-11, 2016, the use of the space and facilities (the "Event Facilities") within the building and grounds of New Era Field located in Orchard Park, NY (the Stadium ) for the event (the "Event") listed below. a. The Event and Event Facilities shall consist of the following: The Event Facilities: Lot 6 and Lot 7 The Event: Emergency Vehicle Operation Course b. The Event will begin at 7:00 am and end by 5:00 pm on Monday, Tuesday, Thursday and Friday, and begin at 1:00pm and end by 11:00pm on Wednesday. The Event Facilities will be made available to Licensee for the same times as mentioned above. The Event shall not be open to the general public and no gate or admission fee may be charged for attendance. 2. Number of Guests. The expected number of guests will be 25. In the event that the actual guest count exceeds the final guest count provided to the Bills by more than ten percent (10%), the Bills reserve the right to increase the License Fee by an amount equal to such percentage increase in attendance. 3. Rules and Regulations. All guests, invitees and vendors shall comply with the Stadium Rules and Regulations annexed hereto as Exhibit A. 4. Fees. A rental fee of 0 shall be paid to the Bills by Licensee. A fifty (50%) percent deposit of 0 will be due at the signing of this Agreement to reserve the Event Facilities. A final guest count, a 0 security deposit and the final fifty (50%) percent balance of 0 will be due ten (10) days prior to the Event. If Licensee cancels the Event in writing at least ninety (90) days prior to the scheduled date, one-half of the deposit will be refunded. No part of deposit will be refunded if Licensee cancels the Event less than ninety (90) days prior to the scheduled date. The Bills reserves the right to terminate this Agreement or the Event, without liability, as follows: a. Licensee fails to pay deposits and fees in a timely manner. b. Licensee fails to provide insurance required by this Agreement. c. Licensee changes the intended use of the Event Facilities without approval of the Bills. d. The Bills notify the Licensee at least ninety (90) calendar days that the Event Facilities are required for a Bills purpose, including capital improvements or repairs. e. The Event Facilities are rendered unfit or unavailable for the Event during the period covered by this Agreement, by reason of fire, earthquake, strike, civil disturbance or any other cause beyond the control of the Bills. If this Agreement is terminated under clause e above, the Bills shall refund the deposit to Licensee. If this Agreement is terminated under clause a, b, c or d, above, the deposit shall be returned less applicable deductions. 5. Security Deposit. The Licensee agrees to leave the Event Facilities and Stadium in the same condition as prior to the Event, in which case the security deposit will be fully refundable. If there is damage to the Event Facilities, the Stadium or if the Bills is required to expend additional effort or expense to clean the

3 Event Facilities or Stadium as a result of Event, some or all of the security deposit may be applied to cover such costs, and Licensee agrees to pay the balance, if any, within ten (10) days after the Event. 6. Insurance. Licensee shall obtain commercial general liability insurance in an amount not less than One/Three Million (1,000,000/3,000,000) Dollars per occurrence for the duration of the Event (including for set-up and clean-up). The Licensee will submit to the Bills, with the final payment, an original policy or Certificate of Coverage issued by a licensed agent or representative of the insurer identifying the Buffalo Bills, LLC, County of Erie, New York and Erie County Stadium Corporation as additional insureds with no responsibility or liability whatsoever for any property of Licensee or any of Licensee s guests or vendors which may be lost, stolen or damaged. Licensee agrees to pay for the repair and/or replacement of any Bills property, which is lost, stolen or damaged as a result of Licensee s use of the Event Facilities. 7. Floor Plan. Drawings showing the specific layout and placement of tables, chairs, risers, podiums, canopies, lighting/electrical fixtures, displays, banners, floor coverings, furnishings and A/V equipment must be approved by the Bills at least ten (10) days prior to the Event. These drawings are part of this contract, so actual set up must conform to the plans. Failure to submit drawings on the form provided may result in the cancellation of the Event. 8. Catering. The Bills have entered into an exclusive catering license with Erie Sportservice, LLC (the Caterer ). License is required to utilize the Caterer in connection with all food and beverage sales at the Stadium. All catering and rental costs are separate from the Bills base fee unless otherwise agreed. 9. Alcohol. Alcoholic beverages are permitted to be served at the Event Facilities by the Caterer only. Licensee agrees to comply with all applicable local, state and federal ordinances, statutes, laws and regulations in connection with the sale or service of alcoholic beverages. The sobriety of all guests is the responsibility of the Licensee. 10. Parking. Licensee may utilize 150 parking spaces at no additional cost. Licensee must keep all fire lanes clear at all times. Notwithstanding the foregoing, if event attendance is expected to be more than one thousand (1,000) people, Licensee shall retain the services of the Bills parking coordinator and Licensee shall be responsible for any fees incurred in connection therewith. 11. Security. The Bills reserves the right to require security for any Event. If security is required, Licensee must obtain, at its own cost, adequate security from the Bills approved security vendor. A copy of the security contract must be submitted to the Bills for approval no later than ten (10) days prior to the Event. 12. Medical/Emergency Care. Licensee shall comply with the requirements of Part 18 of the New York Sanitary Code. Accordingly, Licensee may be required to comply with state permitting requirements and contract with emergency medical technicians, health care personnel and onsite ambulance services. All such services shall be provided by Bills vendors, coordinated with the Bills, and shall be at the sole cost and expense of Licensee. 13. Decorations. All signs, banners, displays, advertising and printed materials for the Event must be approved in advance by the Bills. The Bills may supervise and direct the placement, erection or hanging thereof within the Event Facilities. Decorations must be flameproof and free-standing and are subject to the approval of the Bills and fire marshal. The Bills reserves the right to photograph the Event and otherwise publicize the Event for the purpose of promoting the Event Facility. 14. Miscellaneous. a. The Event Facilities will be used solely for the purposes stated in paragraph 1 and no other uses are permitted without the prior written consent of the Bills. b. This Agreement is for the sole benefit of the Licensee and may not be sold, transferred or assigned v

4 c. Licensee agrees that it will indemnify, defend and hold harmless the Bills, the County of Erie and the Erie County Stadium Corporation and its directors, officers, agents, employees, volunteers free and harmless from and against all claims for damage or injury to persons or property arising out of or in any way connected with Licensee s acts or omissions by Licensee s officers, employees, agents, vendors, contractors, guests or invitees in their use and presence in the Event Facility except for those claims which are the result of the sole negligence or willful conduct of the Bills. Licensee agrees that it will pay all costs of the Event and will indemnify the Bills and its directors, officers, agents, employees and volunteers against any claim or lien for unpaid costs. d. This Agreement grants Licensee a License only to use the Event Facilities for the purpose and during the times set forth herein. This agreement is not a lease and conveys to Licensee no right of possession or other interest in the Event Facilities or the Stadium. e. The headings in this Agreement are inserted for convenience only and shall not affect or limit the meaning of each respective paragraph. f. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated pursuant to the laws of the State of New York. Venue for any dispute shall be Buffalo, New York. g. If the whole or any part of any provision herein shall be prohibited or invalid, that provision shall be ineffective only to the extent of the prohibition or invalidity and shall not affect the validity of the remaining portion of that provision or any other provision. 15. Termination. In the event a professional football game or concert is scheduled to be played at Ralph Wilson Stadium during the Term of this Agreement, the BILLS shall have the right to terminate this Agreement by providing written notice to LICENSEE. 16. Notice - All notices, writings, or submissions of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or delivered by hand or overnight courier, or sent by facsimile or electronic mail (with acknowledgment received and a copy of the notice sent by registered or certified mail postage prepaid), as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of delivery. Notices shall be sent to the following: To the Licensee: To the Bills: ECC Senior Vice President of Operations ECC City Campus 121 Ellicott Street Buffalo, NY pietkiewicz@ecc.edu With a copy to Business Office Erie Community College South Campus 4041 Southwestern Boulevard Orchard Park, New York danieu@ecc.edu Buffalo Bills, LLC Attn: Katie Jordan One Bills Drive Orchard Park, New York Katie.Jordan@bills.nfl.net 6619.v

5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. BUFFALO BILLS, LLC [LICENSEE] By: Its: By: Its: 6619.v

6 ECC Signature Page Accepted and Agreed Affiliate: Buffalo Bills, LLC Signature Printed Name Title Approved as to Content: Richard Washousky, Executive Vice President for Academic Affairs, Erie Community College September 14, 2016 Jack Quinn, President, Erie Community College STATE OF NEW YORK COUNTY OF ERIE On the day of, before me personally came Jack Quinn, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same. Notary Public Approved as to Form: Legal Counsel for Erie Community College (print name) ECC Document No.

7 INSURED CERTIFICATE OF LIABILITY INSURANCE (A/C, No, Ext): ADDRESS: INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : ERIECOM-01 DATE (MM/DD/YYYY) INSURER(S) AFFORDING COVERAGE NAIC # 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE X OCCUR X TBD 08/25/ /25/2017 DAMAGE TO RENTED PREMISES (Ea occurrence) X Agg Limits per Campu MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) B X ANY AUTO AWSD /25/ /25/2017 BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EACH OCCURRENCE OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT APREZIOTTE 8/26/2016 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 CONTACT License # BR NAME: Lawley Agency, LLC PHONE FAX 1 (716) (A/C, No): 1 (716) Delaware Avenue Buffalo, NY Erie Community College 4041 Southwestern Blvd Orchard Park, NY Ace American Insurance Co Allmerica Fin Ben Ins A X 6,000,000 7,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Buffalo Bills, LLC, County of Erie, 95 Franklin Street, 16th Floor, Buffalo, NY and Erie County Stadium Corporation, 633 Third Avenue, New York, NY are included as additional insureds when required by written contract regarding the Emergency Vehicle Operation Course event to be held October 24-28, 2016 and November 7-11, CERTIFICATE HOLDER Buffalo Bills, LLC 1 Bills Drive Orchard Park, NY CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD

SPECIAL EVENTS INSURANCE REQUIREMENTS

Permit Center 210 Lottie Street, Bellingham, WA 98225 Phone: (360) 778-8300 Email: pwpermits@cob.org Web: www.cob.org/permits SPECIAL EVENTS INSURANCE REQUIREMENTS Permit Applicant: Give this memorandum