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HomeMy WebLinkAboutEC10-036 - Original - Kent Downtown Partnership - 2010 Annual Work Plan - 03/18/2010 KENT WPSHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Downtown THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown DBA Kent Downtown Partnership organized under the laws of the State of Washington, located and doing business at 202 W. Gowe St., Suite A, Kent, WA 98032, (253) 813-6976 (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: Provides services in accordance with Consultant's 2010 Work Plan attached and incorporated as Exhibit A, which seeks to increase economic development of Kent's downtown core. Consultant's services include, assisting the City in developing an improvement plan for downtown sidewalks, trees, and light posts; encouraging developers and businesses to locate in downtown Kent; and publishing advertisements inviting consumers to visit downtown Kent." Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. 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, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $33,600.00 f or 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 amendment to this 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. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. 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 snail 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. 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 for 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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, including all appeals, 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 in 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 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 tnis 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By:Cam( / 9: C-- VI,(. o By: (sr tmture) (signature) Print Name, d r . S i� Pri Na uzette Cooke Its It a or �p� (title) DATE: oZ O o�D/.D D E: lr'IlJ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Barbara Smith Executive Director Kurt Hanson, Manager Kent Downtown Economic & Community Development Dept. 202 W. Gowe St., Suite A City of Kent Kent, WA 98032 220 Fourth Avenue South Kent, WA 98032 (253) 813-6976 (telephone) (253) 520-0206 (facsimile) (253) 856-5706 (telephone) (253) 856-6454 (facsimile) APP OVED A O FORM: Ke t La Depa nt [In this field,you may enter the electronic filepath where the contract has been saved CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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 , 20 /1). By: —C4 V��� J For:-4A& &�� &Q� Title: Ltd XLp' ilJl_� Date:— 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 awarded 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. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this 0 ay of , 20 By: 9 � For: l Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A KENT DOWNTOWN PARTNERSHIP'S 2010 Work Plan Billing Requirements: Kent Downtown Partnership will bill on a monthly basis for $2,800; total annual contract is $33,600.00. Executive Director: Barbara J. Smith Organizational 1. Build open communications and cooperation between KDP and Kent service clubs, including Kent Lions, Rotary and Kiwanis. 2. Increase our Business ft Occupation Tax Incentive contributions 3. Take an active role in advocating for downtown concerns with the City of Kent 4. Increase ethnic and retail representation on the KDP Board of Directors 5. Lobby City of Kent for downtown projects by attending committee and council meetings; including more 1-on-1 meetings with Economic Development department head 6. Continue with educational programs for our businesses 7. Increase interactive participation of our membership 8. Develop positive spins on negative news; such as, potential flooding 9. Develop a consistent "brand" for KDP, including logo, fonts, colors, etc 10. Continue providing information and proactive assistance for potential flooding in downtown Kent Economic Development 1. Encourage property owners to become more involved in KDP; host a property owner's reception in February 2. Host a real estate broker's open house in April 3. Continue work with the City to find a developer for the "fire property" at 2"d and Meeker Street. 4. Continue work with Bruce Anderson in filling his property space 5. Continue work in adding more lighting in downtown 6. More emphasis with our businesses to cross promote the T-Birds, Kent Predators, and events at ShoWare Event Center 7. Promote social media communication for KDP 8. Host a property owner's open house 9. Research putting art displays in vacant storefronts 10.Continue partnership in Find It in Kent shop local campaigns 11.Reinstate "Juror's gift certificate" program with Regional Justice Center 12.Work with Design Committee on more banners in downtown 13.Award one restaurant and one business as business of the year at annual dinner/auction Design Committee 1. Continue KDP Clean-up Day (6/5/10); continue graffiti removal program 2. Organize a Mill Creek Clean-up Day 3. Work and partner with city to clean-up area around Willis Street and Hiway 167 off ramp Et 4th Avenue Et Willis Street 4. Work with Burlington Northern Railroad to develop a "quiet zone" in downtown Kent 5. Work with KDP Economic Development Committee to develop banners at gateways 6. Metal sculptures at key intersections to promote local events 7. Continue with "fa4ade improvement" grants 8. Continue with "design awards" for 2010 9. Complete "Design Et Maintenance booklet" in coordination with City 10.Implement Storefront program Safety and Security Committee; sub-committee of Design 1. Work with city to install lights in Kaibara Park 2. Identify and list light fixtures not working in downtown Kent to Puget Sound Energy and City 3. Meet with police department monthly to identify downtown safety concerns 4. Promote expedited removal of graffiti to business owners and continue graffiti clean-up program Downtown Breakfast Hour; sub-committee of Design Committee 1. Host three downtown breakfast hours 2. Schedule three planning meetings prior to downtown breakfasts Promotions Committee 1. Plan, promote and deliver a. Wine Women Et Wow b. First Avenue Block Party c. Holiday Open House d. Winterfest e. New Year's Eve Celebration f. Annual dinner/auction 2. Participate in International Festival sponsored by City A 3. Have two micro-events 4. Increase business participation for help; hours and financial 5. Create a tool for tracking event results 6. Add three committee members Membership Committee 1. Develop policy and procedure for retaining members 2. Grow membership by 25% 3. Host annual membership picnic in August 4. Revisit giving new and renewing members a photo or should it be a plaque Kent Downtown Partnership 202 W. Gowe Street, Suite A Kent, WA 98032 253-813-6976 barbaras@kentdowntown.org x EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 11 85. 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 Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage EXHIBIT B (Continued) 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor'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. 4. 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 contractor 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 Contractor'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 ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. Client#: 10586 KENTDOW ACORD � CERTIFICATE OF LIABILITY INSURANCE 02/01/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell-Anderson Ins-SBU ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO Box 887 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 724 West Smith Street Kent,WA 98032 INSURERS AFFORDING COVERAGE NAIC 9 INSURED INSURERA American States Insurance Compa Kent Downtown Partnership Corporation INSURER B 202 W Gowe St A INSJRER C Kent,WA 98032 INSJRER 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 INSR IkDD'LTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD/YYYY DATE MMIDD/YYYY A GENERAL LIABILITY 01CH62738330 10/16/2009 10/1612010 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DPREMISES E,.AMAGE TO RENTED $1 000 000 CLAIMS MADE 51OCCUR MED EXP(Any one person) $10000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2000000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCI DENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS f UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ is WORKERS COMPENSATION AND TWO STAU.TU- JF OTH- CRYEMPLOYERS'LIABILITY ANY PROPRIETOR'PARTNER/EXECUTIVE E L EACH ACCIDENT $ WFICERIMEMBER EXCLUDEDI (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ If yes describe ender SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The certificate holder is additional Insured for general liability, but only if required by written contract or written agreement,ongoing operations of the named Insured only, per the attached endorsement #CG76350207. CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL AS DAYS WRITTEN 220 4th Ave S NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Kent,WA 98032 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ' /�Nly •L ACORD 25(2009/01)1 of 2 #S249906/M249905 © 1988-2009 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD KLP IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) 2 of 2 #S2499061M249905 01CH62738330 Insurance COMMERCIAL GENERAL LIABILITY a CO 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERA( LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Kent 220 4th Ave S Kent WA 98032 ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following is added to WHO 1S AN any "occurrence" wtuch takes place g after you cease to be a tenant in INSURED (Section ll): any premises teased to or rented to 4. Any person or organization shown in the Schad- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the n a. The contract, agreement or permit must be person or organization added as an In effect during the policy period shown in insured, the Declarations, and must have been axe- (2} Your ongoing operations for that in- cited prior to the 'bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you: Injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement Is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) TNs insurance does not apply to that part of premises you own, rent, any "occurrence" which takes place after the equipment lease expires, Includes Copyrighted Material of Insurance Services Office, Inc., with its perussion. Copyright, Insurance Services, 2001 Sate and th►Safaa logo an reglsfered IaadamaAo Of Safx Cfaperaf" CG 70 35 02 07 Page 1 of 4 EP r�6LLPflIM001 d19gmtW (b) This insurance does not apply to This exclusion applies even d the claims "bodily injury" or "property darn- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in fhe supervision, hiring, genre of Such person or employment, training or monitonng of others organization, by that insured, it the "occurrence" which caused the "bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to tlx: following additional pro- or operated by or rented or loaded to any En- vision: sured. This insurance does not apply to "bodily This exclusion does not apply to: injury", "property damage", or (1) A watercraft while ashore on premises "Personal and edvertlsong injury" arising you own or rent; out of operations performed for the stale or municipality- (2) A watercraft you do not own that is' c. The insurance with respect to any architect, (a) Less than 52 feet long, and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge, "bodily injury", "property damage", or `per- sonal and advertising injury" arising oid of (3) Parking an "auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured, (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft;or ders, designs or specifications, and (5) "Bodily injury" or "property damage" (2) Supervisory, inspection or engirleenng arising out of services. (a) the operation of machinery or equipment that is attached to, or d This insurance does not apply to "bodil Ap Y y part of, a land vehicle that would injury" or "property damage" included within qualify under the definition of the "products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A pefson's or organization's status as an insured un- hicle insurance law in the stale der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or a No coverage wiif be provided it, in the absence of this (b) the operation of any of the machin- endorsement, no liability would be imposed by law on l or eq 1.(3) t listed in Paragraph you Coverage shall be limited to the extent of our 4mo or f.(3) of the definition of Y ge Y mobile equipment*. negligence or fault according to the applicable pr nci- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS' PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following shown in the Declarations, Exclusion ). of Coverage A, Section I is replaced by the following. g "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or J. Damage To Property entrustment to others of any aircraft, "auto" •Property damage" to: or watercraft owned or operated by or rented a� or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 C-AG73411 WO 1 4109M1.1 14119111,6 A any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a, of WHO IS reason, including prevention of inlury to a AN INSURED (Section If)-. person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph(1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises, SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or Indirectly on your behalf b. Up to $3,000 for cost of bail bonds required are performing operations, d the "property because of accidents or traffic law violations damage" arises out of those operations, or ansing out of the use of any vehicle to which the Bodily Inlury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because `your work" was incorrectly performed on it. Paragraph t.d. of SUPPLEMENTARY PAYMENTS — Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following, not apply to "property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigat(on or defense of the claim or "suit", limit of insurance applies to Damage To Prom- including actual loss of earnings up to S500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph {2) of this exclusion does not apply 0 EMPLOYEES AS INSUREDS — HEALTH CARE the premises are "your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2a.(1){d) of WHO IS AN INSURED{Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(b) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED 'property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II)is Paragraph & of LIMITS OF INSURANCE (Section III) replaced by the following. is replaced by the following: a. Coverage under this provision is afforded S. Subject to 3. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we wig pay un- EXTENDED"PROPERTY DAMAGE" der Coverage A for damages because of "property damage" to any one premises, while Exclusion a. of COVERAGE A (Section I) is replaced rented to you, or in the case of damage by fire, by the following. while refried to you or temporarily occupied by you with permission of the owner. a. 'Bodlty injury" or "property damage" expected or intended from the standpoint of the insured The Damage To Premises Rented To You limit is the This exclusion does not apply to 'bodily injury" higher of the Each Occurrence Limit shown in the or "property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property as Damage To Premises Rented To You Limit CG 76 35 02 07 Page 3 014 EP CA&M-IMIR M-4199-mi 49910111,. A EXTENDED DEFINITION OF BODILY INJURY interrupted oniy by a street, roadway, waterway, or nght-of-way of a railroad Paragraph 3. of DEFINITIONS (Section V) is replaced by the followni INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily inlury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. The following is added to Paragraph 2 Duties In The TRANSFER OF RIGHTS OF RECOVERY Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL _IABILITY CONDITIONS The following is added to Paragraph S. Transfer Of (Section 1V): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec. Knowledge of an 'occurrence", claim or "suit" by tion IV)- your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard" This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit Lions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fad to cisclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section h), which can be attributed only to operations LIBERALIZATION CLAUSE at a single -location": The following paragraph is added to COMMERCIAL Paragraphs 2.a, and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDI IIONS (Section IV), tion 111) apply separately to each of your "locations" owned by or rented to you 10. It a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. C Page 4 of 4 Gi1fi.L�iMINTep1�19400>'3J REQUEST FOR MAYOR'S SIGNATURE ,'Le'ita KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator ,f�l -+ t" Phone (Originator) Date Sent: Date Required ct r �( a /l Retuin Signed Document to ; l�)`fi )i l �;.'ft'i CONTRACT TERMINATION DATE: 5 �l VENDOR NAME: DATE OF COUNCIL APPROVAL: Brief Explanation of Document: All Contracts Must Be Routed Through the Law Department (This Area to be Completed 6y the Lana Depai tment) Received: a 'fz amt Approval of Law Dept. MAR Z 2Q 0 Law Dept. Comments. f-:'„@ , Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff Received: - " 1 �� Recommendations & Comments: 1 I s Disposition: ;'V1eS111a Date Returned Iage5870 • 3,/05