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HomeMy WebLinkAboutPW12-128 - Original - Ogden, Murphy, Wallace, PLLC - Attorney Services Related to LID 363 - 05/08/2012 ecords M rtiggemTe KE144a TDocument WASHINGTON 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: Wayne D. Tanaka - Ogden Murphy Wallace, PLLC Vendor Number: JD Edwards Number Contract Number: 19W la- lag This is assigned by City Clerk's Office Project Name: LID 363 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/1/12 Termination Date: 12/31/12 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Cheryl Viseth Department: Public Works Detail: (i.e. address, location, parcel number, tax id, etc.): Wayne will be the attorney representing the council members as they sit as the board of equalization for LID 363 S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 -.0000" KENT WAS HINGTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Wayne D. Tanaka Ogden Murphy Wallace THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wayne D. Tanaka, attorney (Ogden Murphy Wallace) organized under the laws of the State of Washington, located and doing business at 1601 Fifth Avenue, Suite 2100, Seattle, WA 98101 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Attorney services related to Local Improvement District 363 Contractor 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, and Contractor shall complete the work by December 31, 2012. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed $325.00 per hour for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PROFESSIONAL SERVICES AGREEMENT - 1 F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, 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. PROFESSIONAL SERVICES AGREEMENT - 2 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. 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 Contractor. 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. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: JBy. ^ '� L"' By; (sf n e) (s nat re Y Print Nam " , �1 �� Print Na Its: ( Its: 1 Y14 DATE d i (title) Z DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Wayne D. Tanaka Tom Brubaker Ogden Murphy Wallace PLLC City of Kent 1601 Fifth Aven 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206-447-7000 (telephone) (253) 856-5782 (telephone) 206-447-0215 (facsimile) 253 856-6770 facsimile P\Civil\Forms\Contracts,Releases\KentNetContracts-FINALS\ProfessionalServices\ProfessionalSemicesAgreement doc PROFESSIONAL SERVICES AGREEMENT - 3 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 c5Z day of By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT B Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. 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 and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 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 Contractor 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. l ® DATE(MM/DD/YYYY) A�o CERTIFICATE OF LIABILITY INSURANCE 05/03/2012 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 Parker,Smith&Feek,Inc PHONE FAX 425-709-3600 AIC Ne 425-709-7460 2233 112th Avenue NE E-MAIL Bellevue,WA 98004 ADDRESS PRODUCER INSURERIS)AFFORDING COVERAGE NAIC R INSURED INSURER Vigilant Insurance Co Ogden Murphy Wallace P L L C 1601 5th Avenue Ste 2100 INSURERS Federal Insurance Company Seattle,WA 98101 INSURER C Axis Surplus Insurance Company INSURER D INSURER E 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MMIDD/YYYY MM A GENERALLIABILITY 35779264 6/1/2011 6/1/2012 EAACHH MAGE OCCURRENCE $ t ,000,000 TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1,000000 CLAIMS-MADE a OCCUR X MED EXP(Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000000 GENERAL AGGREGATE $ 2.000 000 LI GEN'L AGGREGATE MIT APPLIES PER PRODUCTS-COMP/OP AGG $ Included POLICY PE O- X LOG $ B AUTOMOBILE LIABILITY 74989003 6/1/2011 6/1/2012 COMBINED ISINGLE LIMIT $ 1,000,000 ANY AUTO F F BODILY INJURY(Per person) $ ALL OWNED ALTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE X HIREDAUTOS (Per acadent) $ X NONOWNEDAUTOS $ $ UMBRELLA LIAB # OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE r AGGREGATE $ DEDUCTIBLE f $ RETENTION $ $ WORKERS COMPENSATION WG STATU- OTH- AND EMPLOYERS'LIABILITY YIN N Y R ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N I A (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ S yes,AI PR I under E L DISEASE-POLICY LIMIT $ C Professional Liability EGN760570012011 6/1/2011 6/1/2012 $10,000,006-Per Claim $10,D00,000-Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,A more space is required) RE Legal Services The City of Kent is included as an Additional Insured for General Liability per endorsement 80-02-2367 8-04 to be issued by carrier CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City Of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent,WA 98032 I� 01988-2009 ACORD CORPORATION. All rights reserved ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 1 of 5 OGDEMURP(AADOO) I EN aIUI�PHY LLAE MEMORANDUM Date: May 3, 2012 To: Kim Komoto, Legal Analyst Asst to Tom Brubaker City of Kent From: Gloria J. Zak, Legal Asst to Wayne D. Tanaka RE: Local Improvement District# 363 Attached are two signed originals of the Professional Services Agreement. A Certificate of Liability Insurance is also attached. The expiration date of this policy is June 1, 2012; you will be provided with the renewed Certificate. /gjz Enclosures {GJZ735359 DOC 1199925 0033331}A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue Suite 2100 • Seattle WA 98101-1686 > 206 447 7000 • Fax 206 447 0215 Web www ornvvlaw com A CERTIFICATE OF LIABILITY INSURANCE DATE(12/28//2012 IT 012 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 _ Parker,Smith&Feek,Inc PHONE 425-709-3600 FAX 425-709-7460 2233 112th Avenue NE (A/C,No Eail Bellevue WA 98004 ADDRESS INSURERS AFFORDING COVERAGE RAIC p INSURER A Citizens Insurance Company of America INSURED Ogden Murphy Wallace P L L C INSURER B Axis Surplus Insurance Company - 901 5th Avenue Suite 3500 INSURER C Seattle,WA 98164 INSURER D -INSURER E 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 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 rPAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR R WVD POLICY NUMBER MMIDDIYYYV MMIDD/YYYY A GENERAL LIABILITY OB2955530100 6/1/2012 6/1/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RETE X COMMERCIAL GENERAL LIABILITY X GL j PREM SES Ea oocs ante $ 300,000 CLAIMS-MADE X OCCUR N E�Any one person) $ 5,000 PERSONAL&ADV INJURY s Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PROD CSTCU OMP/OP AGG $ N/A POLICY 7PRO- X LOC $ A AUTOMOBILE LIABILITY OB2955530100 6/1/2012 6/1/2013 f oMBINED SINGLE LIMIT Ea BIKED $ 1,000,000 ANY AUTO - — HNOA _ J BODILY INJURY(PEr person) $ — ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ ,AUTOS PROPERTY DAMAGE Ix HIRED AUTOS X NON-OWNED AUTOS (Per accident) _ _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS LIABILITY YIN �LT RY IMIT ER ANY PROPRIETORIPARTNER/EXECUTIVE❑ EL EACH ACCIDENT $ L'OFFICEP,MEMBER EXO �DED? NIA --- -- (Mandatory in NH) EL DISEASE-EA EMPLOYE $ If yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ B Lawyers Professional Liability EGN760570012012 $10 000,000 Each Claim 6/1/2012 6/1/2013 $10,000,000 Policy Agg i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE Legal Services The City of Kent is included as an Additional Insured for General Liability per endorsement 391 1006 06 09 Pig 1 of 5 to be issued by carrier CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS City of Kent 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 n ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD 2 cf 3 OGDEMURP(ALG00) a 41� Hanover Insurance Group* BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following, BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1 Additional Insured by Contract,Agreement or Permit 1 2 Additional Insured-Broad Form Vendors 2 3 Alienated Premises 2 4 Bodily Injury Redefined 2 5 Broad Form Property Damage-Borrowed Equipment, Customers 2 Goods and Use of Elevators 6 Incidental Malpractice(Employed Nurses, EMT's and Paramedics) 3 7 Personal and Advertising Injury-Broad Form 3 8 Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9 Unintentional Failure to Disclose Hazards 5 10 Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants This coverage is subject to the provisions applicable to the— - Businessowners Coverage Form, except as provided below 1. Additional Insured by Contract, Agreement or This insurance applies on a primary basis if Permit that is required by the written contract, Under SECTION II - LIABILITY, C Who Is An agreement or permit Insured, Paragraph 4 is added as follows b. This provision does not apply: a. Any person or organization for whom you are (1) Unless the written contract or written performing operations when you and such agreement has been executed or permit person or organization have agreed in writing has been issued prior to the "bodily injury', in a contract, agreement or permit that such "property damage' or "personal and person or organization be added as an advertising injury", additional insured on your policy Such person Oo an 2 T or organization is an additional insured only Y person or organization included as an insured by an endorsement issued by with respect to liability for "bodily injury", "property damage" or "personal and us and made part of this Policy, advertising injury" caused, in whole or in part, (3) To any person or organization included as by an insured under Item 1.a.2. of this endorsement, (1) Your acts or omissions, or (4) To any lessor of equipment (2) The acts or omissions of those acting on your behalf, (a) After the equipment lease expires, or but only with respect to (b) If the "bodily injury", 'property (3) "Your work"for the additional insured(s)at damage" or "personal and advertising the location designated in the contract, injury" arises out , the sole negligence of the lessor, agreement or permit, or (4) Premises you own, rent, lease, control or (5} To any occupy (a) Owners or other interests from whom land has been leased which takes 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 5 3 of 3 JGDEMURP,A,G00)