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PW11-184 - Original - Washington Patrol Division - Clark Springs & Kent Springs Watershed Security - 04/04/2011
Records M _ s em� e Z�KN T W.SHINGro„ Document 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 City Clerk's Office. Vendor Name: Washington Patrol Division Vendor Number: JD Edwards Number Contract Number: pLL,) I I - III This is assigned by City Clerk's Office Project Name: Clark Springs & Kent Springs Watersheds Security Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signatureTermination Date. 12/31/11 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ron Halverson Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct security parol visits to Clark Springs and Kent Springs Watersheds. S Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11108 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Washington Patrol Division THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Patrol Division organized under the laws of the State of Washington, located and doing business at 19033 68", Ave. S., Suite D103, Kent, WA 98032, Phone: (253) 867-2060/Fax: (253) 867-2063, Contact: Natalie LaZarte (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall conduct security patrol visits to Clark Springs and Kent Springs Watersheds. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is-not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2011. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Thousand, Four Hundred Dollars ($20,400.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Security patrols shall be scheduled upon execution of this agreement. Vendor shall submit a billing invoice the first day of each consecutive month. The City shall pay upon receipt an amount not to exceed $2,550.00 per month unless agreed upon by the Vendor and the City of Kent Water Division. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A. through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written, notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and S. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor 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. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) XIV. 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 XI 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, Including INSST) 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. VENDOR: CITY OF KENT: By: By: tGr ) (signature) Print Na / Pri Na e uzette Cooke Its yp It Ma or as DATE: 0�/ DATE:_ 6 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Natalie LaZarte Timothy J. LaPorte, P.E. Washington Patrol Division City of Kent 19033 68t' Ave. S., Suite D103 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 867-2060 (telephone) (253) 856-5500 (telephone) (253) 867-2063 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ��M cAt , KenT Law Department Washington Patrol Division-Watershed Seanty/Halverson GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 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 t�hef five requirements referenced above. Dated this day of '` t �'!�G , 20!r , By: For: % / Title: V Date fl�L%�G ✓ j li�l r . EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 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 day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A l WtAS !V k N Q TR" —.lillpal Patrol Proposal a}—n_ PROPERTY 1 KENT SPRINGS 28600 SE 216 th Ave WATERSHED and SE 2881h ST PROPERTY 2 CLARK SPRINGS Kent Kangley RD and WATERSHED 2481h Ave S 10 HOUR SHIFT MONDAY-FRIDAY 8:00 m —6:00am 22 HOUR SHIFT SATURDAY AND 8:00am — 6:00am SUNDAY Vehicle/Foot Patrols A trained uniformed patrol officer with a highly visible patrol vehicle will conduct a minimum of 3 heavy emphasis patrols per 10 hour shift Monday thru Friday between the hours of 8pm — 6am and a 22 hour shift Saturday and Sunday between the hours of Sam — 6am The officer will enter both the higher and lower plateau of the Kent Springs Water Shed checking all doors of the structured facilities and visually checking all well hatches to verify they are locked and secured During the patrols the officer will be looking for any persons not belonging on the property while walking along the fence Imes checking for any property damage to the fence Should an incident of a security nature occur, City of Kent post order procedures will be followed To help deter/detect theft and vandalism the officer will actively use his vehicle spotlight to illuminate areas TPS is available for installation upon client's request Daily reports will be emailed weekly regarding any incidents or occurrences unless immediate attention is required the report will be emailed that morning or at the end of the shift. PROPERTY 3 26106 Kent Kangley RD PROPERTY 4 26025 Kent Kangley RD PATROLS FOR PROPERTY 3 AND 4 TO BE DONE ONCE A WEEK ON WEDNESDAYS BETWEEN THE HOURS OF 8:OOPM — 12:OOAM Vehicle/Foot Patrols A trained uniformed patrol officer with a highly visible patrol vehicle will conduct 1 heavy emphasis patrol per week on Wednesdays between the hours of 8 OOpm — 12 OOam The officer will check all doors/windows of the vacant property and visually check the well hatch to verify they are locked and secured To help deter/detect theft and vandalism the officer will actively use his vehicle spotlight to Illuminate areas while looking for any persons not belonging on the property Should an incident of a security nature occur, City of Kent post order procedures will be followed Our TPS will be installed with the checkpoints placed in strategic areas upon client Instruction Daily reports will be emailed weekly listing any incidents or occurrences unless immediate attention is required the report will be emailed that morning or at the end of the shift $2550.00 / month Additional Services/Materials Provided Tour Patrol System "TPS" Extra Patrols Tour Patrol System "TPS" A Tour Patrol System is a system for logging the rounds of Security Officers patrolling a property It helps ensure that the officer makes his or her appointed rounds at the correct intervals and can offer a virtually indisputable record for legal or insurance reasons Essentially, the system provides a means to record the time when the officer reaches certain important points on their tour (and, of course, the fact that they reached these points at all) Checkpoints are commonly placed at the extreme ends of the tour route and at critical points such as vaults, specimen refrigerators, vital equipment, access points, etc Some systems are set so that the interval between stations is timed so if the officer fails to reach each point within a set time, other staffs are dispatched to investigate and ensure the employee's well-being Extra Patrols Client requests for extra patrols are $75 00 per patrol. 19033 68'Ave S I Surte D103 I Kent WA 98032 1 Office 253867 2060 I Fax 253 B672063 This document is owned by Washington Patrol Division and any attempt to copy/modify/and or take possession of will result in prosecution to the furthest extent of the law 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. A. 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. ' The City shall be named as an Additional 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. 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, $2,000,000 general aggregate. EXHIBIT B (Continued) 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 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. 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 ANII. 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. OP ID:JR CERTIFICATE OF LIABILITY INSURANCE F UAT03/28DD'Wy) 03/28111 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 terns 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 Iieu of such endorsemen s. PRODUCER 425-368-1200 NAMTA T Hub International NW/HCJ 425-3684290 PHONE FAX No) P.O.Box 8010 par,Egb: Mill Creek,WA 98082-8010 ADDRESS Rick Kelley MDUM EERR V WWAS PA-2 INSURERS AFFORDING COVERAGE NAIC 0 INSURED JNJ Associates,LLC dba INSURER A-Philadelphia Insurance Company Washington Patrol.Division INSURERS' ATTN: Natalie LaZarte INSURERC: 19033 68th Avenue South#D103 Kent,WA 98032-2109 INSURER D INSURERS: INSURERF- 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. CY EFF POLICY E.XP LLTTRR ADDL TYPE OF INSURANCEUNI POLICY NUMBER MMN DfYYYYI (MMIDDIYYYYI LIMITS GENERAL LIABILITY EACHOCCURRENCE $ 1,00,000 DAIQIArE TO RENTED A X COMMERCIAL GENERALLNIBILTrY X PHPK626111 09121/10 09/21111 PREMISES Me nencel S 1,000,00C. CLAIMS-MADE a OCCUR MED EXP(Any one Person) $ 20,00 PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $ 2,000,00 X POLICY Rcoj 7 LOC $ AUTOMOaILELIABILITY COMBINED SINGLE LIMIT $ 1,000,00 A X ANY AUTO PHPK626111 09/21/10 09/21/11 (Ea eocidenq BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per awdenl) $ SCHEDULED AUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) S NON-OWNED AUTOS $ S UMBRELLA LIAB X I OCCUR EACH OCCURRENCE S 5,000,00 EXCESS LI is CLAIMS-MADE AGGREGATE $ 5,000,00 A PHUB321833 09121110 08/21111 DEDUCTIBLE S X RETENTION $ 10,000 $ WORKERS COMPENSATION VJC STATU- X O7H- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVEY/N PHPK626111 - 09121110 09121H1 EL EACH ACCIDENT $ 1,000,00 OFFICEWMEMBER EXCLUDED? ID NIA (Mandatory In NN) WASHINGTON STOP GAO, EL DISEASE-EA EMPLOYEE $ 1,000,00 byes descrbeunder DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OFOPERATIONSILOCATIONSIVEHICLES(AUnch ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is additional insured per form PI-MANU-1(01100)but only s required by written contract. CERTIFICATE HOLDER CANCELLATION CiTYKEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE Y Rick Kelley ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 26(2009109) The ACORD name and logo are registered marks of ACORD PI-MANU-1 (01100) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Blanket where required by written contract. Any\All Services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION IV - COMMERCIAL GENERAL. LIABILITY CONDITIONS, Item 1. Other Insurance D. Excess Insurance is deleted as respects: 1. Any contract for security or investigative operations; or 2. Operations from the type of service listed for the client shown in the endorsement SCHEDULE. All other terms and conditions of this Policy remain unchanged. Page 1ofI w r i I {I PI-MANU-1 (01100) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY GENERAL LIABILITY DELUXE ENDORSEMENT SECURITY SERVICES i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ��4 1 It is ndexs ood and,agreed at the to ext?nsfonS only_a� ly in the jp�q,F.r„.ig1. ,Y 3... , ra etd{.'a\aF'•';S.x rS; .. .7a^ event t o of r e�e<ci c c rAg'�a'+fbt•+ Cliea ''�exten9 ony, af'o providgdi i •ia-`° -�.�LCS a _t ry fX�_- FFS ,-*f 'z� unde this pq is�. I �s c t'�v coverazpli , tl�t t'e}�ns^;�e3ndi?t ion�y i and 2 sue¢;• t �a ,.�c v ra�a gstha„s �d'Ja�j e"x,lust,e egypra'1ge.xap�ili ejible under this poli i unless otherwise noted on this endorsement. The II. following is a summary of the Limits of Insurance and additional coverages provided by Lhis endorsement. For complete details on specific coverages, i i consult the policy contract wording. Coverage Applicable Limit of Insurance Page I ' Damage to Premises Rented to You $1,000,000 2 Watercraft Used in Security Services only 2 Medical Payments $20,000 2 I Medical Payments - Extended Reporting Period 3 years 2 , Supplementary Payments - Bail Bonds $2,So0 3 Supplementary Payments - Loss of Earnings MO per day 3 , Employee Indemnification Defense Coverage for Employees $15,D00 3 Additional Insured - Broadened Named Insured Included 3 Additional Insured - Managers and Supervisors Included 3 Additional Insured - Managers, Landlords, or Lessors of Premises Included 3 Additional Insured - Lessors of Leased Fquipment - Automatic Status When ' i Required in Lease Agreement With You Included 9 ' i Additional Insured - Grantors of Permits Included 4 Additional Insured - Blanket Additional Insureds by Contract Included 4 i Limited Rental Lease Agreement Contractual T,xabijity', $50,000 5 Transfer of Rights of Recovery Against Otheis To Us Clarification 5 Dutiea in the Event of Occurrence, Offense, 'Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 6 j Liberalization Included 6 + Bodily Injury - Mental Anguish Included 6 i Assault and Battery Coverage with Extended Property Damage Included 6 Errors and Omissions Coverage Included 7 Incidental Medical Malpractice included 9 A. Damage to Premises Rented to You i All other terms and conditions of this Policy remain unchanged. J Page 1 of 14 i Iw � :i•`l iQv.$JP..IYS4 C .n-.it4 •i ♦ . � \. - • 1 •. +" wilts•,a I .-.v. 1 - -\ . i -- PI-MANU-1 (01/00) : THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 1. If damage by fire to premises rented to you is not otherwise excluded from this coverage Part, the word fire is changed to fire, lightning, explos Smoke, or leakage from automationfire protective systems where it ap ars i% g. The last pa �" ION I O RAGE CQ ��HkB6Db,Y IN RY AND iRTY+'� L B�I,�, , !.%� tit5 Ex C's]susi �';j , �• b. SECTION III - LIMITS OF INSURANCE, Paragraph 6.; and r C. SECTION V - DEFINITIONS, Paragraph 9 a. i 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage ParL, the words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from auLomatLc fire I protective systems where it appears in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess t Insurance. 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,0001 or b. The amount shown ip the Declarations as the Damage to Premises Rented to You Limit. I , This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. Aircraft, Auto Or Watercraft does not apply to security services performed on or about watercraft. All other terms and Conditions of this POhcy remain unchanged. 1 Page 2 of 14 , I PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ; : i C. Medical Payments - Limit Increased, Extended Reporting Period I E C MEDICAL PAYMENTS is not Otherwise excluded from this Cover. a Par a �iif ,•sew n !!t5rs h ,{.r 'l i:� `,�.���, i�� ;AVM v,l--A14" 1. The Me�.ca2ExpeaYe�!��nged� bt >< al k;oflie't3me2tof SECTIO $ �'LIMI"£SA y'I[�§�7RA 4B�,to;than gr at er�;�of: w., 3 V e, ,y4 wtJ. ,•l i a. $20,ODD% or b The Medical Gxpense Limit shown in the Declarations of this Coverage Part. 't 2. Under SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, Paragraph a., Item (bl is amended to read. provided that: (b) The expenses are incurred and reported to us within three years of the date of the accident; and D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND S provision, Items l.b. and l.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to $500 a day. S. Employee Indemnification Defense Coverage In the SUPPLEMENTARY PAYMENTS - COVERAGES A AND D provision, the following is added: We will pay, on your behalf, defense costs incurred by an "employee" in a All other terms and condltlons of this Policy remain unchanged. ` i J Page 3 of 14 i Y I s v P PI-MANU-1 (01100) , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY criminal proceeding. j The moat we will pay for any -employee-- who is alleged to be directly involre!e-a, criminal proceeding is $F ,000 regardless of the numbers of "empl termtd,s r "suing a brought7Lor persons pr organ, ions m�.kirng claimnging s5 t r;,; yw F. a� (j'ed •.,.t�4 �. k xl :•,3 •� �<I 2a*3o ''1 SECTION II H➢ IS AN INsuRE➢ is amended as follows i 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this ' i Coverage Part, Paragraph 3.a. is changed to read. i a. Coverage under this provision is afforded until the end of the policy I i period; 2. Each of the following is also an insured: a. Broadened Named Insured - Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. managers and Supervisors - If you are an organization other than a partnership or joint venture, your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors, i a i z C. Managers, Landlords, or Lessors of Premises - Any person or organization i with respect to their liability arising out of the ownership, maintenanc t or use of that part of the premises leased or rented to you subject to i the following additional exclusions: , This insurance does not apply to: r All other terms and conditions OHM Policy remain unchanged Page 4 of 14 } t PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY (1) Any 'occurrence" which takes place after you cease to be a tenant in that premisesi or (2tructural alterations, now cona�t�ruction or demolition operations pe rfo d 6yt r on be 4'.^ lf of o ,_ that erg or or�� ization: v� `"`cT' ,1 fw Leor'S of 7{ak d'AEqui�mppt - Autonaf}`'c S� tus^ gY,(hRgU�*edin Lae Agree�tp, f tr3, ycu,, pLfY on r o gaxzaLz}on fyr-omhom¢ybu�lease,7 _Ss+" !�"�..�=� .�ygp, li� �J - a -4 Fri equipment when y and such person or organisation have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "b injury," "property damage" S or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person-s or organization's statue as an additional insured under this endorsement ends when their contract or agreement with you for such Leased i equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does noL apply to any "occurrence" which Lakes place after the equipment lease expires. e. Grantors of permits - Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with Lhe premxses you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, aidewalk vaults, street banners or decorations and similar exposures; All other terms and conditions of this Policy remain unchanged. Page 5 of 14 s i PI-MANU-1 (01l00) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY (b) The construction, erection, or removal of elevators; or (c The ownership, maintenance, or,use of any elevators covered by this � �H)k Atld '3-An 9 by C`- r3't ny p�hIs"�k'o'r,o'S~gaYji zit n for , whom a R44d�gylo9.ngX�Oxffi 4eyt�jhen ou �aH sf;gh e�rs4n or t organization he agreed in writing in a contract or agreement that such ; person or organization be added as an additional insured on your policy. such person or organization is an additional insured only with respect to liability for "bodily rnlury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: � , (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured R person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, sho drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or (b) Supervisory, inspection, architectural or engineering activities. AN other terms and conditions of this Policy remain unchanged. Page 6 of 14 PI-MANU-1 (011001) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY (2) "Bodily injury" or "property damage" occurring after; All work, including materiel� parts or equipment furnished in cone ion v h such }dark, on the pxoj got (other-than aervJ.ce, 1 4*. V 1. M 3 a" v-`r X�r�•�•3� FG..&'o+� u` i r,r ;tia'-.'i e '3 W'.' ts�. maint a or r air ' t be,,.,p�er�fo;mad ivy oxU n�,UehaT o� ihe p, itrona insure d(a) th�e locati $h'e �vered o�era�lonQ has ^! >H^ < l)ayen cpi pletad; �; x 1l in D �- or '�.• (� uxr..ed-y �'k-�;$ I�.•i�'�� !4 a' � �.I }^'��` .,e �� � (b) That portion of "your work" out of which the xnlury or damage arises has been put to its intended use by any person or organization other the another contractor or subcontractor engaged in performing operat ' ' for a principal as a part of the same project. i G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2, Exclusions, Paragraph b. Contractual Liability: , (3) Based on the named insured's request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their Client, up to $50,000 ' This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the clie H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV - COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph S. Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. I. Duties in the Event of Occurrence, offense, Claim or Suit All other terms and conditions of this Policy remain unchanged Page 7 of 14 r , i i d , A PI-MANU-1 (01100) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY I 1. When you report an 'occurrence" (coverage for which is provided by this policy) to your compensation insurance carrier, and this "occurr later eve s into a liability claim, failure to report such "occ once" o us the t e of such "oceurrenc sh ,}v not by+- deemed in i f'ss' J�'D. ^iu '.k C 1 1.'�F a�k�'r� ;* t ior� of$flCT�'n( - Dr4ERQI _ G ERAU SAIj I2'T CONITI TI¢N§, L, earah 2. ". ,buueti �. he Eves` oe,Occ�rene ? 't'ei's'e rm , Suit. _b This is on the distinct understanding and agreement however, that you, the insured, as spoon as made aware that this particular "occurrence" is a f liability case, rather than a compensation case shall give us notification ;tt immediately. 1 2. The requirement in Condition 2.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon c as practicable of an "occurrence" or an offense, applies only when the "occurrence" or offense is known to: I a. You, if you are an individual; , b. A partner, if you are a partnership; or C. An "executive officer" or insurance manager, if you are a corporation. 3. The requirement in Condition 2,b, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached ' unless the breach occurs after such claim or "suit" is known to• ' , a. You, if you are an individual; b. A partner, if you are a partnership; or C. An "executive officex" or insurance manager, if you are a corporation. J. Unintentional railure To Disclose Hazards , It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such AN other terms and conditions of this PoNcy remain unchanged. Page 8 of 14 F r t •+a��F.L"«#'�vsSfvSx J:FY�.a,v,A"�?.... .. .. . v.y. . r . . r, v - ..-c ... ,. .-.,r PI-MANU"1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. K. fiber zat1 � Sd e aLtJ t,1 'tP 3' 9 A f'Ni .i'..�• �', /} �✓ �S �ia "�-> �'� r,�rY r� / 1"0!4 re a his srment t provic� e c Pray' nzthouo�'additzon ,7! ,s. �y i mp prem �O auj o7k 5}hal y'Rr3�v1 e � e ad itio[jal py,��age„to al endorsement hold a as oC the day the revision is effective in your state. L. Bodily Injury - Mental Anguish i k SECTION V - DEFINITIONS, Paragraph 3. is changed to read: i "Bodily injury"t I a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a, above) at any time. M. Assault and Battery with Extended Property Damage SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2 Exclusions, Paragraph a is deleted in ats entirety and replaced by the following, a. Expected or Intended Injury "Bodily injury or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to. (1) "Bodily injury" or "property damage" resulting from the use of physical force to protect persons or property; or (2) Allegations of vicarious liability on the part of a Named insured arising solely from the acts of your "employees However, acts of your All other terms and conditions of this Policy remain unchanged. Page 9 of 14 S,k:,w.�F9C, •• .:YnjY,c. :.:u.x av. t.e ♦•-� - � ww^ s.., •- PI-MANU-1 (01100) c THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 0 "employees" shall not include theft. N. Errors and omissions Coverage 'm 1 MION I "COVEFA9? S, CovE*GC A BODILY INJU&Y AND PJtQPERTY DAMAGE '9"ameded�7�)/yy� ddp'q` to fol�ow,i g `S-.} `� +{ $Er iV {� H This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. f 2. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: f ERRORS AND OMISSIONS ` The insurance LhaL applies to "personal injury" includes negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I - COVERAGES is amended by adding the following: COVERAGE D - ERRORS AND OMISSIONS LIABILITY It. Insuring Agreement ; i (l) We will pay those sums Lhat the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relat � to your services described In the Declarations. However, we will ha no duty to defend the insured against any "suit' seeking damages for errors or omissions committed by the insured to which the in does not apply, we will have the right and duty to defend any "suit" seeking those damages, we may, at our discretion, investigate any claim or "suit" that may result But. is) The amount we will pay for damages is limited as described in SEC III - LIMITS of INSURANCE, and S All other terms and conditions of this Policy remain unchanged. Page 10 of 14 i PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY (b) our right and duty to defend ends when we have used up the applic limit of insurance in the payment of judgments or settlement Coverages A, B, or D, or medical expenses under Coverage C. No of4202,14%gatimpr liability to pppy Bums ar pV fors. pcts or services� �:,r., as` h F<9[I,,--� 4covera9 'iia 1 ,7,)irov>, d_f or d sOPLEM NTAk� P� 11GN a M COVEaRGE3 A, , D D N 3:RI- .=.i {1` h tM, r S' 1 .. 2 T I- t (2) This ins4W, e applies only if Lhe error or omission occurs during the policy period. b. Exclusions 1 t This insurance does not apply to• j ( (11 "Bodily injury" or "property damage"; (2) "Personal and advertising injury"; , (3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's activities, or as a fiduciary, under the Employment ReliremenL Income Security Act of 1974, any amendments or any regulation or order Issued thereto, (6) Any claim arising from warranties or guarantees made by any insured; , (7) Liability assumed by the insured under any contract or agreement. This exclusion does not apply Lo liability fox damages: (a) That the insured would have in Lhe absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; All other terms and conditions of this Policy remain unchanged. Page 11 of 14 t o •1 1 Ali 'i>IaSr.f:.'n'�. Ak.599t1 l • _sr�i . - ._.. PI-MANU-1 (01l00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY (a) Liability arising from any fraudulanL, dishonest, or criminal act of any insured; i t C�L-%ibility arisi rom a c,� im made by paKpt rraidiary"+�A y � � e :orga ,pof e fsl pure or 4 •( another Uhs ar :.orF:•rof sit h t 13, pareg or otki�r bsi e. , or,tan 1. off icer',I q t�,O/r`.,dr "c loyee an o��gab v : Ap ")• Y 'yr.r'y'/ 110) Any claim alleging, arising out of, resulting from, based upon or in consequence of, directly or indirectly, any employment practices l or any discrimination against any person or entity on any basis; additionally, any actual or alleged violation of the Pair Labor Standards Act or any similar law or regulation applicable to the payment of wages or f overtime. s C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read ? SUPPLEMENTARY PAYMENTS - COVERAGES A, B, AND D ' d. SECTION III - LIMITS OF INSURANCE is amended as follows; 11) Item 2. is replaced by the iollowiag: i 2. The General Aggregate Limit is the most we will pay for the sum of; ; a. Medical expenses under Coverage C; , b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; i c. Damages under Coverage 87 and I d. Damages under Coverage D. i 12) Item 5. is replaced by the followings 5. Subject to 2. or 3 above, whichever applies, the Each Occurrence Limit Is the most we will pay for the sum of: i All other terms and conditions of this Policy remain unchanged. 3 Page 12 of 14 i PI-MANU-1(01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY a. Damages under Coverage Ar and b y,M. dical expenses under Coverage Off# CAS s3 "; a �t V. �.v`-x a is:all, . � *:r x x b e, of �' bothl V. ncl "pr er y�'daiyr'ij'e"� rig. o)} qEf any n® y } 9 "occ xence a k- 4 OP o, Damage under Coverage D. e. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. � Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: ' If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A. B, or D of this Coverage Part, our obligations are limited as follows: (2) Paragraph b, Excess Insurance, Item (2) is replaced by the following: When this insurance is excess, we will have no duty under Coverages A, B, or D to defend the insured against any claim or "suit" if any other insurer has a duty to defend the insured against that claim or "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out or the rendering of or failure to render the following treatment or services by an "employee" for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation (CPR)i and 2. Medical, surgical, dental, x-ray, of nursing service or treatment, or the furnishing of food or beverages in connection therewith, and the furnishing or dispensing of drugs, or medical, dental, or surgical supplies or appliances. All other terns and condtions of this Policy remain unchanged. Page 13 of 14 1 3 7 9 i 7 i 5 1 F PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY However, this coverage does not apply to any insured or to any entity ' engaged in the business or occupation of providing the services or treatmejICg-gescribed in 1. and 2. above. ` •u F^1 ,,.7 .{7¢-ylp rsl f.�r`7•1) 1 r'—�f � 1'+l• '�'dj "�1 f'`�'1 z''_'a-:< n+'1 Z C f.c�.1 ab�.F�' F1 };�1�.r"r f I All other terms and conditions of this Policy remain unchanged Page 14 of 14 i i t REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT W ASNIN GTON This form must be printed on Cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Ron Halverson Phone (Originator) 5611 Date Sent 3/29111 Date Required 414/11 Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/11 VENDOR NAME: Washington Patrol Division DATE OF COUNCIL APPROVAL: Brief Explanation of Document. The attached agreement is for Washington Patrol Division to provide security patrol visits to Clark Springs and Kent Springs Watersheds For additional information, see the attached prepared by Ron Halverson All Contracts Must Be Routed Through the Law Department Ths Completed By the Law Department) Received 2pi1 S Approval of Law Dept : 2 Law Dept Comments KENT I-NIN �(Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff Received rP E 6 [it L E Recommendations & Comments: APR 2011 Disposition. CITY OFKENT C CITY CLERK Date Returned: Iage5870_templatebase 2/07