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HomeMy WebLinkAboutHR12-150 - Original - BERK & Associates, Inc. - Efficiencies Study - 09/05/2012 Records Ma- .-' = emee KENT Document //A9MIYGTON _yam 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: BERK & Associates, Inc. Vendor Number: JD Edwards Number Contract Number: -0eIg- 1 S-0 This Is assigned by City Clerk's Office Project Name: Efficiencies Study Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/5/2012 Termination Date: 12/31/2012 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: C Hills Department: Human Resources Detail: (i.e. address, location, parcel number, tax id, etc.): CM 9/4/2012 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 ✓ T CONSULTANT SERVICES AGREEMENT between the City of Kent and BERK & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates, Inc. (hereinafter Consultant) organized under the laws of the State of [Washington, located and doing business at 2025 First Avenue, Suite 800, Seattle, WA 98121 (206)324-8760 (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: See Memo attached as Exhibit A detailing scope and cost of this work 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 identified as Phase 1, by 12/31/2012. Ill. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty-Five Thousand Dollars ($45,000), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed 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 attached, detailing Scope of Work. CONSULTANT SERVICES AGREEMENT - I (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described In this 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 sot 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 CiLy'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 CONSULTANT SERVICES AGREEMENT- 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the Injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification, I I 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 bodity 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, In the event Consultant 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 Consultant's part, then Consultant 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 Consultant's part. 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 6 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 CONSULTANT SERVICES AGREEMENT- 3 (Over$10,000) 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, an 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 toss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Rec�clable 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 w th 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 vold. 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 CONSULTANT SERVICES AGREEMENT- 4 (Over 110,000) other representative of the City, and such statements shall not be effective or be construed as tj 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, I. Counter-Arts. 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: (signature)Print Name: Michael Hodains Pr* t Name. Sri ette Cooke Its Principal it (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lynnette Bradbury, Business Manager Lorraine Patterson, Human Resources Director BERK City of Kent 2025 1" Avenue, Suite 800 220 Fourth Avenue South Seattle, WA 98121 Kent, WA 98032 206-324-8760 (telephone) (253) 856-5276 (telephone) 206-324-8965 (facsimile) (253) 856-6270 (facsimile) APPROVED AS 6­FO 0 Kent Law Departm nt V'this lield,Y�may;star t1`4 OWMRICN-Plth wklird the 111trldhas been 1111di 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 speciftally 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: L 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, 1 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 igree to fulfill the five requirements referenced above. Dated this day of f 201, kf V- By; For: I—--------- 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 Agteements with the City amounting to $10,000 or more with-in 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 ail 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 20—. By: For: Title: Date:-- EEO COMPLIANCE DOCUMENTS - 3 0'111 BERK MEMORANDUM DATE: August 30, 2012 TO: Lorraine Patterson, City of Kent Chris Hills, City of Kent FROM: Michael Hodgms RE. City of Kent Efficiency Study, Proposed Scope and Budget Estimate Project Understanding At their July 315� meeting, the Kent City Council passed a resolution which directed the mayor's office to "hire an independent consultant with experience in analyzing staffing, structure and services provided by city goveIrriment in order to provive recommendations to generate further efficiencies in governmental operations, with the goal of reducing the city's annual budget." Over the past several years, the City of Kent has undertaken meaningful steps to reduce its total number of employees and increase productivity in response to reduced revenues that have resulted from the combined effect of several tax limiting measures and the impact of the recent recession and very slow recovery. At the same time, the City has been managing its response to increased demands for publi-- services that have resulted from the recent Panther Lake annexation which brought an additional 25,000 residents and new revenues, including a 10 year annexation sales tax credit to support revenue shoitalls in this area. Given these significant, and still fluid shifts in both the city's revenues and demands for service, it is s good time to take a deeper look at the efficiency of city governmental operations and to determine how best to move forward a more tribust, Icrig-tenn fiscal balance. Basco on our discussions and a review of the presenting challenges, we would propose the following phased approach to meeting the goals stated in the City Efficiencies Resolution, Phase 1. The objective of Phase 1 would be to cond-ct a situation assessment and identify possible efficiency measures Thus phase would he focused on fact finding and presorting choices. options and preliminary implications We would work collaboratively with the city to ensure that the options reflect the particular realities of the facing the organization and use the process to build a common understanding of the situation and the range of options that are available The kov elements in Phase 1 would include. 1. Assessment of the current cost and level-of-service situation at the City 2. An analysis of peer and neighbor jurisdictions to see how the City compares on a range of cost and revenue metrics 3, Identify possible opportunities to streamline the City's cost structure 4. Conduct an initial, high level assessment of impacts and tradeofts implied by the, options identified instep 3. Phase 2. The objective of Phase 2 would be to more fully analyze options identified in Phase 1, select the most effective options and develop a strategy to move forward This phase would build on the common understanding of the situation and the options with the goal to develop a strategy and implementation plan The plan would be developed collaboratively with staff, administration and Council to ensure that the opportunities and tradeoffs are well understood and the action steps have broad buy in ficirn key stakeholders It may be desirable to involve some community stakeholders as the plan takes shape to gain additional perspective on the choices and tradeofts. T N I AI 11"IM117114" City of Kent Efficiency Study Proposed Scope and Budget The balance of this memo more fully describes the scope of work, schedule and estimated budget for Phase 1 of this effort. We believe that it is appropriate to hold off on detailed Phase 2 scoping until after the results of Phase I and there is a better idea of the range and potential scale of the options identified for further Study. Phase I Scope of Work Task 1: Data Collection and Information Gathering The initial task is to quickly and efficiently gather the ncces5wy fjota and relevant contextual information for the subsequent analytic tasks Fins will include an initial kick off meeting and a series of interviews of key staff and polirymakers The data collection effort will a'so collect the base data to support the peer and neighbor analysis. Once we have notice-to-proceed, BERK will submit a list of data and document needs. Task 2, Situation Assessn7ent The principal analytic task in Phase I will be to develop a comprehensive situation assessment that looks at haw the city is currently organized, its cost structure, the demands for city services, the current and desired levels-of-service and the cost drivers that are likely to have an impact on future cost growth The assessment will also include a peer and neighbor analysis to provide useful context as to how the City of Kent compares to its peer and neighbor JU:15dICtI0NS. Peer and neighbor analysis. Working with the staff, BERK will identify the most appropriate peer and neighbor jurisdictions, For each, we will collect budget information and conduct a high-level assessment of key cost and revenue metrics The metrics will be selected to highlight similarities and possible differences among the sample jurisdictions and the City of Kent it the areas of revenue policies, revenue yields, staffing levels, levels-of-service and other cost variables. Assessment of current City Organizational Structure. BERK will review the City's current organizational structure with a particular focus on staffirg levels, span of control issues and the relationships between direct service functions and indirect or internal service functions. Cost and level-of-service analysis. BERK will review and analyze current and historical coat Clara with a focus on assessing cost efficiency and cost effectiveness of service delivery, trends in both demands for service and cost of service delivery and identification of key cost drivers, such as, labor cost escalation and health and benefit costs A key element of the cost analysis will be to identify where the city should he leveraging its fixed costs ard maxim zing its oppo�tunjties to benefit from economies-of-scale. Task 3. Identify Cost Efficiency Opportunities Once there is a shared undcrstandinp of the city's current situation, PERK will identify potential cost efficiency and effectiveness opportunities, estimate potential cost impacts and identify possible impacts or tradeoffs, associated with each. The task will involve direct collaboration with city staff, particularly as it relates to fully understanding the potential impacts or tradeoffs of any potential efficiency measure. Identify cost efficiency opportunities. BERK will identify potential cost efficiency and/or cost effectiveness measures for review and discussion with staff. The measures will consider opportunities to streamline the city's organizational structure, make better use of potential economies-cf-scale, or reducing costs through the application of technology or changes in levels- of-service In addition, there may he opportun,hes that are primarily focused or managing, cost growth as opposed to reducing the current baseline. • Estimate range of potential cost implications. BERK will estimate a range of potential cost implications of pursuing the each of the efficiency measures identified, The cost implications will be based on both an annual budget perspective and a longer-term outlook(likely 10 years). Potential impacts and tradeoffs. To understand the implications of pursuing potential cost efficiency measures, it will be import-ant to identify potential impacts and possible tradeoffs, 44, �,6W,Fim' IfY IN� -�,Ihojo City of Kent Efficiency Study Proposed Scope and Budget At this stage of the study, the analysis of costs and impacts will be high level assessments designed to provide appropriate context and to better understand the potential costs and benefits of moving forward on any one efficiency measure It is expected that the options that are carried over to Phase 2 will be more fully analyzed as part of the selection of preferred options and the de~ielopinent of an implementation pian. Task 4:Process and Staff Engagement A key component of this effort will be to ensure that there is an efficient and transparent process for involving staff and city administration to facilitate information sharing and to ensure that the work is well grounded in the realities of current service delivery challenges Toward this end, we propose a structured meeting process built around the followmg, • Executive team, We would propose the creation of an Executive Team comprised on the Mayor, the City Administrator and the Human Resources Director (also assumed to be the city's project manager for this effort) and other staff as necessary The purpose of this group is to provide overall project direction and provide city policy perspectives throughout the study. We would anticipate meeting 3-5 times over the course of Phase 1, Technical team. The Technical To-am would I;kely he comprised of the Department heads who can assist with information and data needs and provide input on the technical aspects of the study throughout. It may be desirable to have some or all of the members of the Executive Team to participate in the Techtircal Team meetings as well. We would anticipate meeting 2-3 times with the Technical Team during Phase 1. Products and Deliverables The following products and deliverables are envisioned as a result Of the Phase 1 work program: • Meeting materials. BERK will prepare meeting materials to support discussions at the Executive and Technical team meetings, Materials will general consist of presentation packets highlighting result of analyses and emerging findings and identifying issue"for discussion • Briefing packets and presentations. It is expected that there will be at least one Council briefing and possibly two As such, BERK would be responsible for developing appropriate briefing materials arid/or presentations for these meetings; • Draft Phase I Report The results of these efforts will be documented in a Phase I report, which will present key findings, and recommendations in a form that will be suitable for policy makers and the other stakeholders More detailed technical documentation would be included as part of a technical appendix, including as appropriate Supporting analyses, methodoloogies and other relevant materials that support the key findings and recommendations. • Final Phase I Report-The final repoA will reflect comments and input from staff on the draft. Schedule and Budget Estimate We understand that time is of the essence and that the City would like -,o have the results of this effort to inform other policy decisions later this year As such we are prepared to begin as soon as the City provides a notice to proceed and will work with due diligence Based on an assumed starting date sometime in the week of September 3, 2012, the following are the suggested key milestones for the Phase I study; • Kick off meeting: Week of Sept 3,2012 • Situation Assessment: Sept—Oct (draft findings week of October 8, 2012) • Cost Efficiency Opportunities: October(draft findings week of October 22, 2012) • Council Briefing on Draft Findings week of October 29, 2012 Draft report: week of November 12, 2012 Final Phase I Report:Week of November 26, 2012 A 1p R, City of Kent Efficiency Study Proposed Scope and Budget Exhibit I summarizes the estimated level-of-effort and budget to accomplish the scope of wor% described above, We will also invoice for direct reimbursable expenses, including travel, printing, and telephone costs. Exhibit 1 Estimated Level-of-Effort and Budget. Tasks Estimated Budget Task 1: gathering $4,560 Task 2�Situation Assessment $15,040 Task 3:identify Cost Efficiency opportunities $9,560 Task 4:Process and Staff Engagement $9,030 Products and Oeli�erables $5,840 Subtotal Consultant Cost $43,080 Project Expenses @-2%of Project budget $650 L Estlmatpd Project Total $43,730 z7r gr'"iI g," 1- 7M 1 Oa''„ ffi- . , ? ! I ;WRi, r EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 1 Professional Liabilitv insurance shall be written with limits no less an $1,000,000 per claim and $1,000,000 policy 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 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 sha:l not contribute with it. 2, The Consultant's insurance shall be endorsed to state that coverage steal; 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 ANIL 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. 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 ]eased 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 Liabirity Insurance shall be written on ISO Occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-ccmpleted 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 11 85 or a substitute endorsement providing equivalent coverage, 3. _Workers')Zompensqtio�n coverage as required by the Industrial L— Insurance laws of the State of Washington. 4. Professional insurance appropriate to the Consultant's profession, B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Autom_obft L-AabLlity insurance with a minimum combined single ifrmi7jt for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liabilit insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000generat ACOR[)� CERTIFICATE OF LIABILITY INSURANCE 8/31/2012' 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 Henry Chao McDonald Insurance Group, Inc. PHo"EExt) (425)8 2 7-7 4 0 0 AIC NOT (425)e27-7402 416 6th St S EA ry,MAa hen 3mcdonaldins.com PO BOX 3089 INSURERIS)AFFORDING COVERAGE NAC# Kirkland WA 98083-3089 INSURER A Valley_Forge_ Insurance Ca__ ___ 2050 - --- --- --- - - - INSURED INSURER IS National Eire Insurance CO 2047_ Berk & Associates Inc INSURERC Underwriters_ at Lloyds, London 15792 2025 First Ave. Suite 800 INSURER - INSURER E Seattle WA 98121 INSURER F COVERAGES CERTIFICATE NUMBER 11/12 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 NOTVI ITHSTANDING A'Vt REQJIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W11H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE Pot ICIES DESCRIBED HEREIN iS SJBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLIC,ES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA`D CLAIMS INSR LICY EFF TYPE OF INSURANCE ADDL SUBR� PO POLICY EXP LIMITS N R D' POLICY NUMBER MM(DDIYYYY! MM+DDiYYYY GENERAL LIABILITY FACH OCCOPPFN'-E S 2,000,000 ,(`AMAGF TO RFN TED UibRtch€',AL GENER„= HAN11TY •PJI Eao•w"orice, $ 300,000 A CLAIt.15 MADE II OCCUR 4017749SB7 /18/2011 /18/2012 MED EXP,A�,ore person) 'n__- _— 10,000 PERSONAL B AUViNJLRv $ 2,000,000 GrNFRAi AGGREGATF s 42 000,000 GEN L AGGREGATF I IMIT APPL ITS PER PRDPj';Th-COMP'OP AGO S 4,000,000 R (ROt Cy 2 LOG S a AUTEMOBiLELIABILITY COVUINtL,SING'-LIMIT $ 1,000,000 B ANYAUTCS AIL OV IIOFi YIN�,IRY fPrr Pe•aor} 5�_-_—_- • :NED ) SCHEUULED 018239201 /18/2011 b/18/2012 r'JTOS AUTOS Br�CItY INJURY(K'e,a.uder e $ X I x NON-0'NNED Pr:(74'kR fY DAPtAOt I I IIRFO AUTOS AL TOS I Pe,ac,de It, S _ i Urma�reJ ne�orri+cornhmad S 3 UMBRELLA UAH OGSUR LAC*CCGURRENCE S EXCESS LIAR - CLAIMS-MADE AGGR_GATE pEU RETENTION S A A5iW0XXVV0WXXXW STOP GAP - WASBINGTON irC STATU x 0'>i XAXP(EMPLOYERS'LIABILITY YIN( - IANYPRCPRIE-ORPA RI At R'EXECUT VE Ft FACIIA('�IDFNI S 1 000 000 CFFIQr a VP W13ER EXCLOU Cio L]!NIA __ ____ _________....__ c� _ (Mandatary in NN) 017749887 119/10/2011 /18/2012 i E L DISEASE EA EMPLOYEE)$ 1,000,000 Ifyec dosci,hu bider ___-_ --- _ DESCRIPTION OF OPERATIONS heloW_ _ _ _ EL DISEASE-_POLICY LIMIT $ ',Z,000,_000 C PROFESSIONAL LIABILITY S201137208 19/18/2011 /18/2012 EACH CLAIM $1,000,000 $10,000 DEDUCTIBLE/CLAIM >rLAZMS MADE POLICY AGGREGATE $2,000,000 i DESCRIPTION OF OPERATIONS 1 LOCATIONS i VEHICLES{Attach ACORD 101,Additional Remaas Schedule,if more space,s required) re: City of Kent Cost Efficiencies Study City of Kent is additional insured, primary and noncontributory, for general liability as required by written contract per form SB146932D attached. Certificate holder is additional insured for auto liability as required per written contract per form SCA 23 500C attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS 220 Fourth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE F McAllister, Sr.1KAT ,r'�-" /s' Y• `'!'� ACORD 25(2010/05) O 1988-2010 ACORD CORPORATION All rights reserved. INC015+cn„t^h+ri' Tk.n Ar rion noon an,i Innn aen wnniafnenr7 m il,,of Ai-nilan SB-146932-D CNA (Ed 07109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy 1 ADDITIONAL INSURED—BLANKET VENDORS employees or anyone else acting on its behalf However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to additional insured any person or organization (referred to below as vendor) with whom you agreed because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d. or f.;or insurance, but only with respect to "bodily Injury" or (2) Such inspections adjustments, tests or "property damage" arising out of"your products"which servicing as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business in exclusions connection with the distribution or sale of 1. The insurance afforded the vendor does not apply the products, to: 2. This insurance does not apply to any insured a. "Bodily injury" or "property damage" for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such products or any ingredient part or reason of the assumption of liability in a container, entering into, accompanying or contract or agreement This exclusion does containing such products not apply to liability for damages that the 3. This provision 2, does not apply to any vendor vendor would have in the absence of the included as an insured by an endorsement issued contract or agreement, by us and made a part o`this Policy b. Any express warranty unauthorized by you, 4. This provision 2.does not apply if"bodily injury" or c. Any physical or chemical change in the "property damage" included within the "products- product made intentionally by the vendor, completed operations hazard" is excluded either by the provisions of the Policy or by endorsement � d. Repackaging except when unpacked solely for the purpose of inspection, demonstration, 2. MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under WHO IS AN INSURED is amended to include as an instructions from the manufacturer, and then insured any person or organization (called additional repackaged in the original container, insured) described in paragraphs 2.a through 2.h. e. Any failure to make such inspections, below whom you are required to add as an additional adjustments, tests or servicing as the vendor insured on this policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must make in the usual course of business, in be, connection with the distribution or sale of the 1. Currently in effector becoming effective during the products term of this policy, and f. Demonstration installation, servicing or repair 2. Executed prior to the "bodily injury," "property operations, except such operations performed damage"or"personal and advertising injury,"but at the vendor's premises in connection with the sale of the product Only the following persons or organizations are additional insureds under this endorsement and g. Products which, after distribution or sale by coverage provided to such additional insureds is you, have been labeled or relabeled or used limited as provided herein as a container, part or ingredient of any other thing or substance by or for the vendor, or a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising That person or organization for whom you do out of the sole negligence of the vendor for its work is an additional insured solely for liability own acts or omission or those of its due to your negligence specifically resulting SB-146932-D Page 1 of 5 (Ed 07/09) SB-146932-D (Ed 07t09) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement No coverage applies to advertising injury" arising out of operations liability resulting from the sole negligence of performed for the state or municipality the additional insured c. Controlling Interest The insurance provided to the additional insured is limited as follows Any persons or organizations with a controlling interest in you but only with respect (1) The Limits of Insurance applicable to the to their liability arising out of, additional insured are those specified in the written contract or written agreement (1) Their financial control of you; or or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less These Limits of while you lease or occupy these Insurance are inclusive of, and not in premises addition to, the Lit-nits of Insurance shown in the Declarations This insurance does not apply to structural alterations new construction and demolition (2) The coverage provided to the additional operations performed by or for such additional insured by this endorsement and insured paragraph F. . of the definition of"insured contract" under Liabilit and Medical d. Managers or Lessors of Pre ises E enses Definitions do not apply to A manager or lessor of premises but only with "bodily injury" or "property damage" respect to liability arising out of the ownership, arising out of the "products-completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement following additional exclusions (3) The insurance provided to the additional This insurance does not apply to insured does not apply to "bodily injury," "property damage," or "personal and ( ) Any "occurrence" which takes place after advertising injury" arising out of the you cease to be a tenant in that premises, rendering or failure to render any or professional services_ (2) Structural alterations new construction or b. State or Political Subdi isions demolition operations performed by or on A state or political subdivision subject to the behalf of such additional insured_ following provisions o. Mortgagee Assignee or Recei er (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee or receiver and arising out of the permit in connection with premises you ownership maintenance, or use of a premises own. rent, or control and to which this by you insurance applies This insurance does not apply to structural (a) The existence, maintenance, repair, alterations new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, insured cellar entrances, coal holes, f. 0 ners Other Interests—Land is Leased driveways, manholes, marquees hoistaway openings, sidewalk vaults. An owner or other interest from whom land street banners, or decorations and has been leased by you but only with respect similar exposures, or to liability arising out of the ownership. (b) The construction, erection, or maintenance or use of that specific part of the removal of elevators,or land leased to you and subject to the following additional exclusions (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit after you cease to lease that land, or SB-146932-D Page 2 of 5 (Ed 07l09) SB-146932-D (Ed 07/09) (2) Structural alterations new Da age To Pro ert is replaced by the construction or demolition operations following performed by or on behalf of such additional insured k. Da age To Pro ert g. Co o ner of Insured Pre ises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises organization or entity for repair, replacement, enhancement, h. Lessor of E ui ent restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment Such person or organization prevention injury a person or are insureds only with respect to their liability damage to another's property, arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization A person's or arises out of any part of those organizations status as an insured under this premises, endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you, equipment ends 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured, additional insureds, the following additional That particular part of any real exclusions apply property on which you or any This insurance does not apply contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the"property after the equipment lease expires, or damage" arises out of those (2) To "bodily injury;' "property damage" or operations, or "personal and advertising injury" arising That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it designated under paragraphs b through h. above Paragraph 2 of this exclusion does not does not aoply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied rented or held for operations hazard" rental by you r- V 3. The following is added to Paragra h H. of the Paragraphs 1, 3 and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS than damage by fire or explosion) to H. Other Insurance premises _ 4. This insurance is excess over any other (1) rented to you insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. =_ either primary or primary and A separate limit of insurance noncontributing. applies to Damage To Premises Rented ® 4. LEGAL LIABILITY—DAMAGE TO PREMISES To You as described in Section D Liability and Medical Expenses Limits of A Under 6 Exclusions, 1 Applicable to Insurance Business Liability Coverage Exclusion k. SB-146932-D Page 3 of 5 (Ed 07109) SB-146932-D (Ed. 07109) Paragraphs 3, 4, 5, and 6 of this (. Any trustee, if you or an additional exclusion do not apply to liability insured is a trust,or assumed under a sidetrack agreement O Any elected or appointed official, if you or Paragraph 6 of this exclusion does not an additional insured is a political apply to "property damage" included in subdivision or public entity the "products-completed operations hazard" This paragraph e. applies separately to you and any additional insured B. Under B E elusions 1. A livable to Bodil In ur Business Liabilit Co erage the last paragraph of 2 Exclusions is deleted and Section F. Liabilit and Medical E : enses replaced by the following Definitions item 3 "Bodily Injury" is deleted and Exclusions c d e f g h i k 1 s n and o replaced with the following do not apply to damage by fire to premises Bodil in ur means bodily injury, sickness or while rented to you or temporarily occupied by disease sustained by a person including death, you with permission of the owner or to the humiliation, shock, mental anguish or mental contents of premises rented to you for a injury by that person at any time which results as period of 7 or fewer consecutive days A a consequence of the bodily injury sickness or separate limit of irsurance applies to this disease coverage as described in Section D Liabilit And Medical E ` enses Li its Of E added Personal and Ad ertising In ur Insurance. Definition C. The first Paragraph under item . Da age To The following is added to Section F. Liabilit and Pre ises Rented To You Li it of Section Medical E enses Definitions ite 14, D. Liabilit And Medical E enses Li its Personal and Ad ertising In ur in the Of Insurance is replaced by the following Businesso, ners General Liabilit Co erage For The most we will pay under Business Liability for damages because of "property da age h. Discrimination or humiliation that results in to an one re ises while rented to you, or injury to the feelings or reputation of a natural temporarily occupied by you, with the person, but only if such discrimination or permission of the owner, including contents of humiliation is such premises rented to you for a period of 7 1. Not done intentionally by or at the or fewer consecutive days, is the Damage to direction of Premises Rented to You limit shown in the Declaration a. The insured,or Broad Kno ledge of Occurrence b, Any "executive officer," director. stockholder. partner, member or The following items are added to E. manager (if you are a limited liability Businesso ners General Liabilit Conditions company)of the insured, and in the Businesso ners Liabilit Co erage For 2. Not directly or indirectly related to the a. and b. apply to you or to an employment prospective employment, e. Paragraphs P Y Y y past employment or termination of additional insured only when such employment of any person or person by "occurrence,"offense, claim or"suit' is known any insured to B. The following is added to Exclusions, Section (1) You or any additional insured that is an B. individual, (1 )Discri inatwn Relating to Roo (2) Any partner, if you or an additional D eliing or Pre ises insured is a partnership. Caused by discrimination directly or (3) Any manager, if you or an additional indirectly related to the sale rental, lease insured is a limited liability company, or sub-lease or prospective sale, rental, (4) Any "executive officer" or insurance lease or sub-lease of any room, dwelling manager, if you or an additional insured is or premises by or at the direction of any a corporation, insured SB-146932-D Page 4 of 5 (Ed 07109) SB-146932-D (Ed 07109) (1 )Fines or Penalties Personal and Ad ertising In ur I Co erage Fines or penalties levied or imposed by a does not apply to policies issued in the states governmental entity because of of New York or Ohio discrimination D. This provision (E =anded Personal and C. This provision (E ended Personal and Ad ertising In ur ) does not apply if Personal and Ad ertising In ur Liabdit is discrimination or humiliation committed in theo Ad e In ur ) does not apply t excluded either by the provisions of the Policy or by endorsement states of New York or Ohio Also, E ended m W W V R O 4 e SB-146932-D Page b of 5 (Ed 07f09) �r SCA 23 500C CNA (Ed. 02108) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ iT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT — BA PLUS This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM A. Who Is An Insured 1. In a.(2) the limit for the cost of bail bonds is The following are added, as "insureds," to Who Is An changed from 2,000 to 5,000, and Insured (Section 11) 2. In a(4) the limit for the loss of earnings is 1. a. Any incorporated entity of which the Named changed from 250 to 500 a day Insured owns a majority of the voting stock on C. Fello E to ee the date of inception of this Coverage Form,ro ided that. The Fellow Employee Exclusion contained in Section II Liability Coverage does not apply b. The insurance afforded by this provision A.I. Such coverage as is afforded by this provision C. is does not apply to any such entity that is an "insured" under any other liability "policy" excess over any other collectible insurance. providing "auto"coverage D. Ph sisal Da age 2. Any organization you newly acquire or form, other 1. Glass Breakage than a limited liability company, partnership or joint venture, and over which you maintain The following paragraph is added to A.3. Glass majority ownership interest Breakage (Section 111) The insurance afforded by this provision A.2. With respect to any covered"auto,"any deductible shown in the Declarations will not apply to glass a. Is effective on the acquisition or formation breakage if such glass is repaired, in a manner date and is afforded only until the end of the acceptable to us, rather than replaced policy period of this Coverage Form, or the next anniversary of its inception date, 2. Trans ortation E ense whichever is earlier Paragraph AA. Coverage Extension (Section 111) b. Does not apply to: is revised with respect to transportation expense ncurred by you, to provide (1) "Bodily injury" or "property damage" a. _60 per day, in lieu of 20;subject to caused by an 'accident" that occurred P Y� 1 before you acquired or formed the b. 1,800 maximum, in lieu of Boo organization, or 3. Loss of Use E enses (2) Any such organization that is an 'insured" under any other liability "policy" providing Paragraph A 4. Coverage Extension (Section 111) _ "auto"coverage is revised, with respect to loss of use expenses 3. An "employee" of yours is an "insured" while incurred by you, to provide operating a covered auto or an "auto" hired or a. 1,000 maximum, in lieu of 600 rented under a contract or agreement in that 4. Audio Visual And Data Electronic E ui _ ant "employee's" name, with your permission, while Co erage perform<ng duties related to the conduct of your _ business The following is added to Coverage A. (Section Policy, as used in this provision A. includes those III) policies that were in force on the inception date of this a. PHYSICAL DAMAGE COVERAGE on a Coverage Form but covered "auto" also applies to "loss" to any 1. Which are no longer in force, or permanently installed electronic equipment including as antennas and other accessories 2. Whose limits have been exhausted b. A 100 per occurrence deductible applies to B. Co erage E tensions—Su le entar Pa ants the coverage provided by this provision D.4. The following Supplementary Payments in Coverage Extensions(Section 11), are revised as follows. SCA 23 500C Page 1 of 3 (Ed 02108) SCA 23 500C (Ed 02108) Hired Autos'. d. The most we will pay for "loss" to a covered Subject to the fallowing, if Physical Damage "auto"in any one accident is the lesser of coverage is provided under this policy then Hired (1) 5 000, or Auto Physical Damage is extended to (2) 20 of the "auto's" actual cash value a. Any covered "auto" you lease, hire, rent or (ACV) borrow without a driver; and E Airbag Co erage b. Any covered "auto' hired or rooted by your "employee" without a driver, under a contract The accidental discharge of an airbag shall not be in that individual "employee's" name, with considered mechanical breakdown your permission, while performing duties F. Duties In The E ent Of Accident Clai _ Suit Or related to the conduct of your business Loss c. The most we will pay for any one"accident"or 1. The following relative to your notification "loss" is the actual cash value cost of repair, obligation is added as the last paragraph of Loss cost of replacement or 50,000 whichever is Condition 2.a. less minus a 500 deductible for each covered auto No deductible applies to "loss" Your "employees" may know of an "accident" or caused by fire or lightning 'loss" This will not mean that you have such knowledge unless such "accident" or `loss" is d. Such physical damage coverage for hired known to you or if you are not an individual,to any ,autos"will of your executive officers or partners or your (1) Be excess over any other collectible insurance manager insurance, 2. The following paragraph, relative to your obligation (2) Include loss of use, provided it is the to provide us with documents, is added to Loss consequence of an "accident" for which Condition 2 b.(2) the Named Insured is legally liable and Your "employees" may know of documents as a result of which a monetary loss is received concerning a claim or "suit"This will not sustained by the leasing or rental mean that you have such knowledge unless concern receipt of such documents is known to you or if Such coverage as is provided by this you are not an individual, to any of your executive provision (2) will be subject to a limit of officers or partners or your insurance manager 750 per"accident" G. unintentional O issions Di inution In Value Your failure to disclose all hazards existing on the date Subject to the following, the "diminution in value" of inception of this Coverage Form shall not prejudice exclusion (Section 111)does not apply to you with respect to the coverage afforded provided such failure or omission is not intentional a. Any covered "auto" of the private passenger H. International Co erage—Hired Autos type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while Paragraph . Policy Period, Coverage Territory of the performing duties related to the conduct of General Conditions is amended by the addition of the your business, and following b. Any covered "auto" of the private passenger The coverage territory is extended to anywhere in the type hired or rented by your "employee" world if without a driver for a period of 30 days or less, under a contract in that individual a. A covered "auto" of the private passenger type is "employee's" name, with your permission, leased hired rented or borrowed without a driver while performing duties related to the conduct for a period of 45 days or less, and of your business b. The "insured's" responsibility to pay damages is c. Such coverage as is provided by this determined in a "suit" on the merits, in the United provision is limited to a "diminution in value" States of America, the territories and possessions loss arising directly out of accidental damage of the United States of America, Puerto Rico, or and not as a result of the failure to make Canada or in a settlement we agree to repairs. faulty or incomplete maintenance or WARNING repairs. or the installation of substandard parts Auto accidents in Mexico are subject to the laws of Mexico only Not the laws of the United States of America SCA 23 500C Page 2 of 3 (Ed 02/08) SCA 23 500C (Ed 02108) The Republic of Mexico considers any auto accident a a. An "auto"owned by that "executive officer" or cri inal offense as well as a civil matter a member of that person's household,or In some cases the coverage provided under this b. An "auto" used by that "executive officer" endorsement may not be recognized by the Mexican while working in a business of selling, authorities and we may not be allowed to implement servicing, repairing or parking"autos" this coverage at all in Mexico You should consider Such Liability andlor Physical Damage Coverage purchasing auto coverage from a licensed Mexican as is Liability by this prevision .1.will be Insurance Company before driving into Mexico I. Bodii In ur —Mental In ur (1) Equal to the greatest of those coverages afforded any covered"auto", and The definition of "bodily injury" (Section V) is revised (2) Excess over any other collectible as follows insurance "Bodily injury"means bodily injury, sickness or disease 2. For purposes of this provision "executive sustained by a person, including mental anguish, mental injury or death resulting from any of these officer" means a person holding any of the officer positions created by your charter, constitution, by- Dri a Other Car Co erage—E ecuti a Officers laws or any other similar governing document, 1, Any "auto" you don't own, hire or borrow is a and while a resident of the same household, covered "auto" for Liability Coverage while being includes that person's spouse used by and for Physical Damage Coverage Such "executive officers" are "insureds" while while in the care, custody or control of, any of your using a covered"auto"described in .1. "executive officers,"except Y> MORE f N m O qpO O MORE SCA 23 500C Copyright,CNA Corporation,2000 Page 3 of 3 (Ed 02/08) Includes copyrighted material of the insurance Services Office used with ds permission McDonald Insurance Group, Inc. P.0 Box 3089 Kirkland, WA 98033 Applicable to ACORD 25-Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insuied requirements are provided for the additional insured(s) unless an endorsement I This certificate does not necessarily comply Willi all is attached speciFNing these coverages. contract requirements between the named insured and the additional 111SUMI(s) All in%ol%ed parties should halve their attorney reviev, the policy for actual coyeraoe and compliance with their written agreement or contract.. Applicable to ACORD 25, 27, 28, and 24 This certificate is the "latest" ACORD 25 (May, 2010)Certificate of Liability Insurance, or ACORD 27 (December, 2009) E�idence of'Property Insurance or ACORD 28 (December 2009) Bidence of CommercialProperty Insurance or ACORD 24 (September 2009)Certificate of Property Insurance . In order to issue certificates from our agency, these revisions listed above Must be used. If you previously received all ACORD 25, 27, 28 or 24 With an eat her revision date, there are notable changes between the Forms. Please note the following significant characteristics ofthe new A�,'ORD lbrins The cancellation clause refers back to the policy terms Cancellation notice from the insurance carrier is provided to the first named insured. That right is not a�ailable to certificate holders 4*4- The ACORD form is copyrighted. Permission to alter it is not a-Vatlable As Insurance Agents We reeei%e authority from the insurance carriers that We represent to issue certificates Carriers do not authorize us to include special language or alter the forin even Without the copyi ight concerns. The carriers also do not authorize us to complete special coverage I'Ornis provided by the certificate holder. McDonald Insurance Group, Inc Po Box 3089 Kirkland, VVA 98083 40 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator c> �Sp Phone (Originator). Zc6 — Date Sent Date Required: ct Zv 1 2— Return Signed Document to (�t CONTRACT TERMINATION DATE: t L �t Loc Z VENDOR NAME: 6E K(C DATE OF COUNCIL APPROVAL Q��( Zp(Z Brief Explanation of Document:- 5'�„ Kct� Cam,�� I ,��-� ) auII f� 3c 5 �V c 4 �L V li i e. rYl v t �C` �f Lc �(��GVE v y i4 ct<.r7 _ t c c a�tr 9tv v b " i� (/ C L c9 filil ekC4t�zcM S `� Vke t'�4c —ft.< L--4 -F 2 �t �k�s u-r. d L/e v Ll wt -e r c ' All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: 1 Approval of City Attorney: Y City Attorney Comments: SEP 0 5 20tL KEN t LAW DEPT 1, Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff fR46 eive& LJ Recommendations & Comments: '{ a Disposition: '/� /Z Date Returned: E Iage5870 • 2/04