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HomeMy WebLinkAboutAD07-049 - Original - The Fearey Group - Kent Events Center -Community Outreach & Public Relations - 04/20/2007 rr z a_1 d, Records Managem e=i KENT Document WAS HINGT ON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Contract Number: ho 7-0 0 This is assigned by Mary Simmons Vendor Number: Cal Project Name::i Coh C0 N)-W'0 _ Teti l Contract Effective Date: Contract Termination Date: 1����()-7 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: k )( /\ Abstract: ADCL7832 07/02 t KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and The Fearey Group Phase II THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Fearey Group organized under the laws of the State of Washington, located and doing business at 1809 Seventh Avenue 41111, Seattle, WA 98101, (206) 343-1543, (206) 622-5694 (fax) (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant will develop community outreach and perform public relations support for the proposed Kent Event Center, as described in the Consultant's Proposal, dated April 10, 2007, and which is attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed The Consultant's Work Plan can be amended accordingly, upon prior written authorization of the City in the form of a negotiated Change Order, or supplemental agreement. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I, by December 31, 2007, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed sixty- five thousand, no/100 ($65,000.00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed Change Order, or supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. Consultant agreement#2 with The Fearey Group Page I B. The Consultant shall submit monthly payment invoices to the City for work performed, and a r final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. KEC Phase 11 Consultant agreement with The Fearey Group Page 2 IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant foi this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing; Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated to this Agreement or such other address as may be hereafter specified in writing E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms KEC Phase II Consultant agreement with The Fearey Group Page 3 of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONS ULTA CITY OF KENT: By Ak By: gnature signature) Prin Lame- C 1 a/ r-e Print ame• S zette Cooke Itsrt ,c-tj Its Mayor (T d J (7 le) DATE: ' j�' DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTAN " 1 CITY OF KENT: 01-41JU 1c b Ben Wolters, Economic Development Director V 1 W p✓'-ec t le{rl+— City of Kent The Fearey Group 220 Fourth Avenue South 1809 Seventh Avenue,#1111 Kent, WA 98032 Seattle, WA 98101 (206) 343-1543 (telephone) (253) 856-5700 (telephone) (206) 622-5694 (facsimile) (253) 856-6700 (facsimile) APJ ROVED AS TO FORM: en Law De 7 rt I nt KEC Phase 11 Consultant agreement with The Fearey Group Page 4 i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 1 ,2001 By: --7— For: I �Q Title: Date: 17110 EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awaided the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. r that I complied full with all h requirements and obligations as outlined in the City of Kent I declare t comp red y of the q g y Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200_ By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 MOW- THE FEAREYGRQUP April 10, 2007 Ben Wolters Director of Economic Development, City of Kent, 220 Fourth Ave South Kent, WA 98032 Dear Ben, It is with great pleasure that The Fearey Group present you with this proposal for community outreach and public relations support for the City of Kent in its work toward building a 6,500-seat event center With the Seattle Thunderbirds as its anchor tenant, an event center of this magnitude will further enhance the City of Kent as an economic draw and regional destination It would give us great pride to be part of your team This project provides the City of Kent an opportunity to work closely and openly with the neighbors close to the project and the broader Kent community A positive experience on a project of this size is key to alleviating some community resentment over how the Kent Station public process unfolded So far, the City has received positive initial feedback from the community, but as greater detail about project design, estimated costs, traffic impacts and a plan to replace the ball fields is known, thought and consideration into how to keep neighbors, the community and key news reporters apprised of new information will be paramount to this project's success There is also great opportunity for this project to be a positive economic driver for the City of Kent For this to happen successfully, consideration will need to be given to a number of strategic elements and how the project is positioned to outside audiences Given these elements, and our successful work with municipalities on protects of similar size, scope and importance, we are confident that we can add substantial value in supporting your community outreach efforts and we are excited at the opportunity to be part of your team As requested, this proposal outlines a draft scope of work for the next six months, and addresses Strategy and Messaging, Community Information & Public Process and some Media Relations Support. Once The Fearey Group is formally engaged, we will create a detailed communications plan that corresponds to project timelines and key milestones In the meantime, included below is a proposed scope of work- Goal • To help the City of Kent successfully move through the due diligence and early planning for a 6,500-seat event center Audiences • Neighbors in North Park and other areas surrounding the proposed project site • Citizen's Advisory Committee members • Kent City Council members and other key elected officials • Business community and civic leaders • Seattle Thunderbirds and other groups that are key tenants for the projects • Media Page 1 of 3 F Strategy and Messaging Key message development and protect positioning The Fearey Group will work with the City of Kent to create targeted key messages that will positively position the project with all stakeholders Key messages will be reinforced in all communication materials Strategy development and communications The Fearey Group will work in partnership with the project Steering Committee to help ensure all aspects of this project will be successful for the City of Kent and to help mitigate potential issues Community Information & Public Process In close collaboration with the City of Kent, The Fearey Group will help guide and successful community information and outreach program that will keep neighbors close to the protect, as well as the broader Kent community, fully informed Note The City of Kent will be the main point of contact for all external outreach, with The Fearey Group working behind-the-scenes to support and guide efforts This scope will include- Work with the City of Kent to develop a protect outreach database that includes key neighborhoods, community leaders and Citizen's Advisory Committee members • Develop and update communication materials that include a protect overview/fact sheet, timeline, Frequently Asked Questions, visuals, etc • Help identify potential community concerns and issues early and develop strategies to mitigate them • Set strategy and help coordinate/facilitate community meetings and protect open houses • Guide strategy and outreach for key public meetings/ milestones • Work with the City to develop and implement recurring protect updates to the community via print and/or electronic mediums • Help organize briefings and develop communication materials for the City of Kent to use with external presentations as needed • Support the City's efforts as needed to secure state funding for the protect Media Relations Support We will support the City of Kent in its media outreach efforts as behind-the-scenes counsel on strategy and approach Our goal is to help ensure the City of Kent is well positioned in all outreach efforts and to help the City achieve a balanced, positive story. General Account Services As part of the overall account management services, The Fearey Group will • Participate via phone/ in-person with the Steering Committee, other protect team members and the City of Kent as necessary • Prepare monthly activity reports Outside of scope Other services that The Fearey Group may be called upon to provide that are outside of this scope of work will be priced separately Services that will be priced separately may include • Events not included in the scope of work • Production costs for collateral materials including brochures, presentation materials, Web sites, etc • Research / polling /focus groups Page 2 of 3 Fees As discussed,we will bill the City of Kent monthly for the proposed scope of work according to our 2007 fee schedule (see below) Initial fees shall not exceed $65,000 Amendments to this agreement will require approval from the City of Kent Expenses All expenses, including graphic design, mailings, postage, printing and phone/fax are not included in the fee estimate Once a scope of work is finalized, expenses can be estimated The Fearev Group 2007 Fees The Fearey Group fees are based on hourly charges, billed at the end of each month CEO $250 President $240 Senior Vice President $225 Vice President $200 Account Supervisor $185 Senior Account Executive $175 Account Executive $160 Account Coordinator $130 Junior Account Executive $ 95 Production $ 70 In closing, we want to thank you again for the opportunity to present you with this scope of work We are excited at the opportunity to be your partner on this project and look forward to discussing this with you further Please call us if you have any questions Sincerely, Natalie Quick, Vice President & Director of Public Affairs The Fearey Group Page 3 of 3 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant,their agents, representatives, employees or subcontractors. 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 If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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 $1,000,000 per accident 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Other insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail,return receipt requested, has been given to the City EXHIBIT B (Continued) 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE807Drrr,Y) �RGDUCE> THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r`F ker Smith &Feek, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bellevue Office HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2233 112th Avenue NE Bellevue,WA 98004 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER North Pacific Ins Co. The Fearey Group, Inc. INSURER B 1809 7th Avenue,Suite 1111 INSURER Seattle, WA 98101 INSURER D INSURER E COVERAGES 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR1 TYPE OF INSURANCE POLICY NUMBER PDATE YMM DONY) POLICY DATE MM/DD(YY EXPIRATION LIMITS A X GENERAL LIABILITY C.23106078 03109/07 03/09/08 EACH OCCURRENCE S1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $1 OO DOO PREM ISES'Ea ocweence) CLAIMS MADE �OCCUR MED EXP(Any one person) $$000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE $2 000 D00 GEN L AGGREGATE LIMIT AP-LIES PER PRODUCTS-COMP/OPAGG $1,000,000 POLICY PROCT LDC JE A AUTOMOBILE LIABILITY C23106078 03/09/07 03/09108 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Perperson) $ X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ (Per acccdenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ +� AUTO ONLY AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMSMADE AGGREGATE $ S DEDUCTIBLE $ RETENTION S S WORKERS COMPENSATION AND C23106078 03/09/07 03/09/08 T RS T TUT X OTRH- A EMPLOYERS'LIABILITY EMP LIAB.ONLY EL EACH ACCIDENT $1,000,000 AN`r PROPRIETOR/P 4RTN ER/EXECUTNE OFFICERIMEMBER EXCLUDEDr` EL DISEASE-EA EMPLOYEd$1,000,000 If yes desmbe under SPECIAL PROVISIONS below EL CISEASE-POLICY LIMIT I S1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Kent Event Center City of Kent is inlcuded as an Additional Insured per Endorsement CG2033, Edition Date 07iO4 attached. CERTIFICATE HOLDER CANCELLATION Ton Day Notice for Ngn-Payment of Prenlium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _45_ DAYS WRITTEN 220 Fourth Avenue South NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 50 SHALL Kent, WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE WSUREa,ITS AGENTS OR REPRESENTATIVES AUT ORRED REPRESENTATIVE ACORD 25(2001108) 1 of 2 #S74922/M74882 SS002 0 ACORD CORPORATION 1983 POLICY NUMBER C23106078 GENERAL COMMERCIAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- garnzation for whom you are performing operations sions apply when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy Such person or or- and advertising injury" arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying ser- damage" or "personal and advertising injury" vices, including- caused, in whole or in part, by. a. The preparing, approving, or failing to pre- 1. Your acts or omissions, or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifica- tions, or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured engineering activities. A person's or organization's status as an additional 2, "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after: operations for that additional insured are com- pleted. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed,or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 FEARGROUICERT07(E0I) �✓ KENT AMENDMENT NO. TWO NAME OF CONSULTANT OR VENDOR: The Fearey Group ("Contractor") CONTRACT NAME & PROJECT NUMBER: Kent Events Center Public Relations Consultant ORIGINAL AGREEMENT DATE: 4/20/07 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in lull force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Additional Public Relations services may become necessary to as provide within the original Scope of Service, and cost estimate, dated, attached and incorporated as Exhibit A 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $29,999.00 including applicable WSST Net Change by Previous Amendments $65,000.00 including applicable WSST $10,000.00 Current Contract Amount $104,999.00 including all previous amendments Current Amendment Sum $5,198.87 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $110,197.87 AMENDMENT- 10F2 Original Time for Completion December 31,2007 (insert date) Revised Time for Completion under No change prior Amendments (insert date) Add'l Days Required (±) for this Amendment 0 calendar days Revised Time for Completion 0 (insert date) In accordance with Section VII of the Agreement, the Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terns of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment,which will become effective on the last date written below. CONSULT /VENDOR: CITY OF KENT: I � By: n By: 4f 1711 Pit Name: f` Ct - Print Name: Its vildo jrL20 Its DATE: ` t L DATE: �� ) APPROVED AS TO FORM: (applicable ff'an¢endtnent requires mayor's signature) Kent Law Department IP:1Fvents CenterlContraetsl'I'he F'earey Group Natalie Quick AMENDMDNT-20F2 THE F AREYGROUP The City Of Kent C/O Ben Wolters 220 Fourth.Avenue South Kent,WA 98032 October 26, 2007 Dear Ben: Additional fees of$5,198.87 were required to provide public relations services within the parameters of the The Fearey Group's public relations contract with the city of Kent. Sincerely, Sarah Haeger Account Supervisor The Fearey Group ]hO4 Sctcnlh rAccnuc,9urtu ll ll Scatty 1Vshinpton 5t101 T 206.343.1543 F 206.622.Sb9-0 u4n;.@ar[,ygimgi.com