HomeMy WebLinkAboutEC11-315 - Original - Kent Chamber of Commerce - 2012 Yearly Contract - 11/30/2011 Records -g
KENT
W.SHI.GroN 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: Kent Chamber of Commerce
Vendor Number:
JD Edwards Number
Contract Number: eG 0 - `
This is assigned by City Clerk's Office
Project Name: 2012 Yearly Contract
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 11/30/2011 Termination Date: 12/31/2012
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: K Hanson Department: Economic Community Dev
Detail: (i.e. address, location, parcel number, tax id, etc.):
Ongoing contract
5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11108
KEN T
WA..IN.T..
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kent Chamber of Commerce
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kent Chamber of Commerce organized under the laws of the State
of Washington, located and doing business at 524 W. Meeker Street, Suite 1, Kent, WA. 98035,
(253) 854-1770 (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 2012, Scope of Work attached
and incorporated as Exhibit A, which seeks to: increase occupancy at City lodging
facilities, promote the City as a site for corporate meetings, and events and
promote City tourism opportunities.
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, 2012.
III. COMPENSATION.
i
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $18,500.00 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 quarterly 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 shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
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 this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
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: By:
(s natu e) (signature)
Print Name: Pri t N Suzette Cooke
Its �c�c` �L ,c�Pc It Ma or
(title)
DATE: 'mac:L DATE: 5
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Andrea Keikkala, Executive Director Kurt Hanson, Economic & Community
Kent Chamber of Commerce Development Director
524 W. Meeker St, Suite 1 City of Kent
Kent, Washington 98035 220 Fourth Avenue South
Kent, WA 98032
(253) 854-1770 (telephone)
(253) 854-8567 (facsimile) (253) 856-5706 (telephone)
(253) 856-6454 (facsimile)
APPROVED AS TO FORM:
K t Law Department
U\—Ben\Contracts\Kent Chamber\2010
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 ��l day of _�P(��r�ti , 206 1 .
For:
Title:
Date: � .�a <O�
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
k
Policy that was part of the before-mentioned Agreement.
Dated this day of , 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
0
KENT CHAMBER
OF � COMMERCE
November 21,2011
2012 City of Kent
Tourism Grant
Background
The Kent Chamber of Commerce has worked in partnership with the City of Kent since
2000 to increase occupancy at Kent lodging facilities,to promote Kent as a site for
corporate meetings and events,and to highlight tourism opportunities in Kent.
Scope of Work
The Kent Chamber of Commerce provides services,which seek to increase
occupancy at City lodging facilities,promote the City as a site for corporate
meetings and events and to promote City tourism opportunities.
1. In the fall of 2008 the Kent Chamber of Commerce developed a Visitor's Bureau in
the Kent Chamber of Commerce office at 524 W. Meeker Street, Suite 1 in order to
service the numerous requests for information regarding the City of Kent. The Kent
Chamber of Commerce will continue to work with the South Side Visitors Bureau, City
of Kent, and local City of Kent businesses to promote and provide visitor and business
information in our Visitors Bureau. Cost: $5,000.00
• The Visitors Bureau in the Kent Chamber of Commerce takes up '/a of the
lobby area and is patronized on average by 2-4 people a day collecting
information on the city of Kent.
• The Kent Chamber of Commerce continues the contract with Certified Folder
Display in order to provide quality materials to businesses and individuals
seeking information on the Kent area.
• The Kent Chamber staff answers an average of 5-10 calls per day requesting
information about the City of Kent as a site for corporate meetings and events.
The numbers of calls have increased substantially with the opening of the
ShoWare Center in January of 2009.
• The Kent Chamber of Commerce continues to work with the South Side
Visitors Bureau to promote the City of Kent on a monthly basis.
2. Continue to work with the Showare Center and surrounding businesses to bring
conferences and events to Kent. Cost: $1,000.00
• The Kent Chamber of Commerce continues to provide information regarding
the Showare Center and events held in Kent.
• The Kent Chamber of Commerce continues to partner with community
organizations to bring events to ShoWare Center, Kent Senior Activity Center
and the City of Kent such as job fairs, technology expos and business training
meetings.
• The Kent Chamber of Commerce is planning two major events for 2012 at the
ShoWare Center,which will showcase the center's abilities. The events
planned at the ShoWare Center for 2012 include the annual President's
Banquet and Community Awards in April and a Business Expo in October.
3. Update and publish a Kent Chamber annual directory(Business Directory and
Relocation Guide). The directory also highlights shopping,recreation and general
information regarding living and doing business in Kent. Cost: $6,000.00
• Yearly update and publishing of the Business Directory and Relocation Guide
is a 6-month process in which the Kent Chamber of Commerce contracts with
an outside firm in creation of the Business Directory and Relocation Guide.
• In November of 2011 the Kent Chamber of Commerce received the finalized
copy of the 2012 Business Directory and Relocation Guide to distribute to
4,000 businesses and residents in Kent,the surrounding areas and to provide
in relocation and visitor packets.
• The 2012 Business Directory and Relocation Guide will also be provided to
the ShoWare Center, local hotels and businesses to be placed at Guest
Services/Reccption areas in order to promote and highlight Kent businesses,
shopping,recreation and general information to those coming to enjoy the
Kent community.
4. Maintain link from Kent Chamber of Commerce website to Scattle Southside Visitors
Bureau $2,500.00
5. Forward or directly transfer visitor-related calls to the Seattle Southside Visitors
Service (SSVS)to ensure fulfillment of travel collateral requests. Cost: $1,000.00
• Substantial staff time is taken processing requests and collaborating with the
Seattle Southside Visitors Service in order to maintain and provide a quality
level of customer service to those inquires we receive regarding visitor related
calls.
6. The Kent Chamber of Commerce will continue to research and develop the visitors
market in Kent Cost: $3,000.00
• The Kent Chamber of Commerce is currently the facilitator of the Kent
Community Marketing Campaign. This campaign is collaboration between
the Kent Downtown Partnership, City of Kent,Kent Station Shopping Center
and the Kent Reporter. This campaign is instrumental in promoting
businesses especially with the new event center and the influx of non-
residents coming to Kent on a weekly basis. The campaign kicked off in the
fall of 2009 with the"Find it in Kent We have what you need"campaign.
• The Kent Chamber of Commerce will continue to cultivate relationships with
the City of Kent, Seattle South Side Visitors Bureau and local organizations in
order to create a collaborative effort in research and development of the
visitors market in Kent.
Total Cost of Scope of Work for 2010=$18,500.00 t
The$18,500.00 will be paid to the Kent Chamber of Commerce quarterly in 2012 in
the amounts of$4,625.00 per quarter.
V Quarter(January 1,2012—March 31, 2012) _$4625.00
2nd Quarter(April 1, 2012—June 30,2012) _$4625.00
3`d Quartet (July 1,2012—September 30,2012)=$4625 00
4`h Quarter(October 1, 2012—December 31, 2012)_$4625 00
Bes eg ds,
Andrea Keikkala
Executive Director
Kent Chamber of Commerce
(253) 854-1770 Ext. 140
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#: 10580 KENTCHA
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE9120lYYYY)
11129l2D11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s)
PRODUCER CONTACT
NAME
Bell-Anderson Ins-SBU PHONE 425 291- AJC,Na 4252915100
NO No Ext 5200
600 SW 39th Street,Suite 200 E-MAIL
ADDRESS
Renton,WA 98057
INSURER(S)AFFORDING COVERAGE NAIC",
425 291-5200 INSURERA American States Insurance Co
INSURED INSURERS
Kent Chamber Of Commerce
INSURER C.
Kent Community Foundation
INSURER D
PO Box 128
INSURER E
Kent,WA 98035
INSURER F
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 CONTRACTOR 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 REOUCED BY PAID CLAIMS '
INSR TYPE OF ADDLISUBR POLICY EFF POLICYEXP LIMITS
LTR INSR WVD POLICY NUMBER morwo YYYY MM/DD)YYYY
A GENERAL LIABILITY x 02CE21880420 10/12/2011 10/12/201 EACHOCCC7UR��RENCE $1000000
X COMMERCIAL GENERAL LIABILITY PRE 715E5 EaoccurrDence $1 1 000 1 ODD
CLAIMS4.1ADE OCCUR MED EXP(Any one person) $10,000
PERSONAL B ADV INJURY $1 000,000
GENERAL AGGREGATE s2,000,000
GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000
POLICY 'rcT 7 LOC S
A AUTOMOBILE LIABILITY 02CE21880420 10/12/2011 1011212012 cOMBINdEeDISINGLELIMIT s1,000,000
ANY AUTO BODILY INJURY(Par person) S
ALL OWNED SCHEDULED BODILY INJURY(Par accident) S
AUTOS NAUTOS
ON OWNED PROPERTY DAMAGE S
X HIRED AUTOS N
AUTOS Peracradenl
S
UMBRELLA LIAB OCCUR EACH OCCURRENCE S
EXCESS LIAB CLAIMS MADE AGGREGATE S
DED I I RETENTIONS S
WORKERS COMPENSATION WC STATU- I OTH-
AND EMPLOYERS'LIABILITY YIN FIR
ANY PROPRIETOPoPARTNER/EXECUTIVE -- EL EACH ACCIDENT S
OFFICER/MEMBER EXCLUDED? ❑ N/A
(Mandatory in NH) EL DISEASE-EA EMPLOYEE S
If yes,describe under
DESCRIPTION OF OPERATIONS below -T E-L DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 1D1,Additional Remarks Schedule,If more space is required)
City of Kent is additional insured for general liability,but only if required by written contract or
written agreement per the attached endorsement CG7635 0207.
This cancels and replaces certificate issued 11/22/11
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS
Kent,WA 98032
AUTHORIZED REPRESENTATIVE
U
01988-2010 ACORD CORPORATION.All rights reserved.
ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S358520/M358268 PLJ
REPRINTED FROM THE FORMS LIBRARY•"'
r ® Insurance COMMERCIAL GENERAL LIABILITY
® CG 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 GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
i • r r r ' -•5�r' .
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 paragraph is added to WHO IS AN any °occurrence"which takes place
INSURED (Section II): after you cease to be a tenant in
any premises leased to or rented to
4. Any person or organization shown in the Sched- 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
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 exe- (2) Your ongoing operations for that in-
cuted prior to the "bodily injury", "property sured, whether the work is performed
damage", or "personal and advertising by you or for you;
injury".
b. The person or organization added as an in- (3) The maintenance, operation u use by
sured b this endorsement is an insured only you of equipment leased s you by such
Y Y 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) This 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 permission.
Copyright, Insurance Services, 2001
Salem and the Salem bp am reglstomd trademarks of Salem Corpomdon
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(b) This insurance does not apply to This exclusion applies even if the claims
"bodily Injury" or "property dam- against any insured allege negligence or
age" arising out of the sole negli- other wrongdoing in the supervision, hiring,
gence of such person or employment, training or monitoring of others
organization; by that insured, if 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 the following additional pro- or operated by or rented or loaned to any in-
vision sured.
This insurance does not apply to "bodily This exclusion does not apply to:
injury", "property damage", or
"personal and advertising Injury" arising (1) A watercraft while ashore on premises
you own or rent;
out of operations performed for the state
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 out 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-
opinicns, 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 engineering arising out of:
services. (a) the operation of machinery or
equipment that is attached to, or
d. This insurance does not apply to "bodily 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 person's or organization's status as an insured un- hicle insurance law in the state
der this endorsement ends when your operations for where it is licensed or principally
that insured are completed garaged, or
No coverage will be provided if,in the absence of this (b) the operation of any of the machin-
endorsement, no liabilitywould be imposed b law on ery or equipment listed in Paragraph
p y f.(2) or f.(3) of the definition of
you. Coverage shall be limited to the extent of your "mobile equipment"
negligence or fault according to the applicable princi-
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 j. of Coverage
A, Section I is replaced by the following'
g. "Bodily injury" or "properly damage" arising
out of the ownership, maintenance, use or j• Damage To Property
entrustment to others of any aircraft, "auto" "Properly damage" to:
or watercraft owned or operated by or rented
or loaned to any insured Use includes oper- (1) Property you own, rent, or occupy, including
anon and "loading or unloading". any costs or expenses incurred by you, or
a
t
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a
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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 injury to a AN INSURED (Section II)-
person or damage to anther'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, if the "property because of accidents or traffic law violations
damage" arises out of those operations, or arising out of the use of any vehicle to which
the Bodily Injury 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 1.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-
cents of such premises, rented to you.A separate vestigation or defense of the claim or "suit",
limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500
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 If EMPLOYEES AS INSUREDS — HEALTH CARE
the premises are "your work" and were never SERVICES
occupied, rented or held for rental by you.
Provision 2.a.(1)(d) of WHO IS AN INSURED (Section
Paragraphs (3), (4), (5) and (6) of this exclusion 11) is deleted, unless excluded by separate endorse-
do not apply to liability assumed under a side- ment
track agreement
Paragraph (6) 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 6. of LIMITS OF INSURANCE (Section III) replaced by the following: ;
is replaced by the following' a. Coverage under this provision Is afforded
6. Subject to 5. above, the Damage To Premises only until the end of the policy period
Rented To You Limit is the most we will 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 1) is replaced
rented to you, or in the case of damage by fire, by the following
while rented to you or temporarily occupied by
you with permission of the owner a. "Bodily 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. 9
as Damage To Premises Rented To You Limit.
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EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or
right-of-way of a railroad.
Paragraph 3. of DEFINITIONS (Section V) is replaced
by the following- INCREASED MEDICAL EXPENSE LIMIT
3. 'Bodily Injury" means noddy 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 LIABILITY CONDITIONS
The following is added to Paragraph 8. Transfer Of (Section IV):
Rights Of Recovery Against Others To Us of COM-
MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by
lion 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 tions of COMMERCIAL GENERAL LIABILITY CONDI-
to waive these rights of recovery TIONS (Section IV):
AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose 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 I), which can be attributed only to operations LIBERALIZATION CLAUSE
at a single "location":
2.a. and 2.b. of Limits of Insurance (Sec- The following paragraph is added to COMMERCIAL
Paragraphs
GENERAL LIABILITY CONDITIONS (Section IV):
lion 111) apply separately to each of your 1ccations"
owned by or rented to you 10. If 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
Page 4 of 4
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
r
ACORD 25(2009101) 2 of 2 #S349518/M293194
REQUEST FOR MAYOR'S SIGNATURE
KENO" Please Fill in All Applicable Boxes
WPSHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: �<,C ¢ it ` ' , Phone (Originator): Jill
Date Sent 12zJ 1 Date Required: It 1
Return Signed Document to , CONTRACT TERMINATION DATE:
VENDOR NAME: r, ,, „� DATE OF COUNCIL APPROVAL: ]
Brief Explanation of Document:
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received: E N
Approval of Law Dept.: ( NOV 2 2 2011
Law Dept. Comments:
p NT LAW DEFT
Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments: ti
I
Disposition I1FC 2V I1
Date Returned: C'P'CLF- V,
lage5870 3j05 1