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HomeMy WebLinkAboutPD12-293 - Original - New Connections of South King County - Consultant Services Agreement - 12/19/12 KENT WASHINGTON CONSULTANT SERVICES AGREEMENT between the City of Kent and New Connections of South King County THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and New Connections of South King County organized under the laws of the State of Washington, located and doing business at 412 West Titus Street, Kent, WA 98032- 1208 (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: Provide Life Skills workshops for offenders supervised by the City of Kent Corrections Facility, case management for individual inmates and reentry services for offenders upon their release from jail. The scope of work is further defined in Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2013, with possible continuation contingent upon available funding. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $9,975 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 B. 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 CONSULTANT SERVICES AGREEMENT - 1 (Under $10,000) an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Under$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 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 C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. I CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY O K QQ By:pl ( 1 ` By: n (signal.ur;) (s,gnature) Print Name: Rwu.i d11LrL1l Sv�t�` Print Name: Kenneth E. Thomas Its: ptEki rQ eiTr Its: Chief of Police (tale)DATE: /d1/1rI//Y DATE: (n-) 1C6-\— NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Randall Smith Debra LeRoy New Connections of South King County City of Kent 412 West Titus Street 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-856-9200 (telephone) (253) 856-5856 (telephone) 253-856-9210 facsimile (253) 856-6803 (facsimile) i CONSULTANT SERVICES AGREEMENT - 5 (Under $10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this /`7 day of n ueyu it , 20 By: LvA For: i%j W comet 1,0AJS Title: Date: I 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 , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SCOPE OF WORK A. The Contractor's responsibilities include: 1. Program Administration a. Provide Life Skills Orientation workshops to inmates in the Kent Jail. This orientation will provide offenders with information covering available resources and treatment programs in the community These 60 minute group classes will be offered as the first week of each four week series of Life Skills classes separately for each gender. The expected male class attendance is eight and female class attendance is four The class size may exceed these numbers of students at the start of each workshop series in consideration of early release resulting for some of the students. b. Provide Motivational Life Skills classes to inmates in the Kent Jail two days per week for three weeks. The Life Skills classes include, but are not limited to instruction in communications, goal setting,problem solving, stress and anger management, employment skills and budgeting Contractor shall survey students to customize each workshop series' content for each group. These weekly 60 minute group classes are offered separately for each gender. The expected class capacity including both genders is 12 clients per week There shall be at least one week between each Life Skills class series New Connections will coordinate with the Union Gospel Mission for supplemental life skills workshops offered by the Union Gospel Mission in the CKCF C. Contractor will perform and document student assessments of the Life Skills series Provide project evaluator with access to raw data as necessary d. Provide certificate of completion to inmates completing Life Skills classes e. Provide case management contacts each week with individual clients in the Kent Jail. This case management shall primarily be conducted in the Kent Jail to include, but not limited to assistance with. • Washington State Identification card or Driver license 1 reinstatement assistance • Housing referrals EXHIBIT A SCOPE OF WORK PAGE 1 OF 3 • Drug, alcohol, domestic violence referrals • Referral to support groups • Clothing vouchers • Preparation for Ignition Interlock Program • Community service referrals • Employment support, may include resume writing and job hunting assistance (The primary focus of this case management is to prepare the offender for successful reentry to the community, including obtaining employment Emphasis for assistance is placed on the offender obtaining a Washington Stated Identification card or reinstatement of driver's license.) 2. Records a. Contractor staff will maintain all class attendance records. b. The consultant must grant access to all data,reports, documents and records relating to the Bureau of Justice—Justice Assistance Grant project to the City and the Department of Justice or any other authorized representatives c The consultant must retain all records relating to this grant project for three years following the final grant payment to the grantee and contractor. d. Contractor staff will transport records to and from the class site,maintaining inmate client confidentiality e. Contractor shall provide inmate client class and service registration forms including release of information language for program evaluation purposes. Kent Police Department (KPD) staff or research intern hired by KPD shall have access to all inmate client records at the Contractor's business address for program research and evaluation purposes only. 3. Quarterly Meetings � The Contractor's representative will meet quarterly with the CKCF Administrator or p 9 Y designee to review the Life Skills instruction, case management and reentry services. 4. Monthly and Final Project Reports EXHIBIT A SCOPE OF WORK PAGE 2 OF 3 The Contractor will provide monthly statistical reports with monthly invoices. The final report is due by February 15, 2013 Reports need to provide demographic data to include gender, age and race. Data for these reports will include, but may not be limited to a. Number of Kent Jail inmates contacted in orientation classes b. Number of Kent Jail inmates enrolled in Life Skills classes. C. Number of Kent Jail inmates completing Life Skills classes. d. Number of Kent Jail inmates who dropped out of Life Skills classes. e. Number of Kent Jail inmates released from custody prior to completing Life Skills classes f. Number of Kent Jail inmate clients contacted in jail individual case management sessions. g. Number and names of Kent Jail Life Skills class students utilizing New Connections once released from the CKCF. h. Number and names of Kent Jail offenders obtaining Washington State ID card or drivers license 5. Contractor employees Contractor will run background checks on all employees and volunteers with access to inmates or their records in order to protect their confidentiality All contractor employees or volunteers entering CKCF will provide picture identification to CKCF staff and be subject to a criminal history background check prior to entering the facility. B. The City's responsibilities include: 1. Provide a classroom with furnishings and security for group classes. A room will also be provided for individual follow-up support contacts. 2. The CKCF Administrator, or designee, will meet quarterly with the Contractor's representative to review the Life Skills instruction program 3. Coordinate group class and individual follow-up support contact schedules with Contractor. EXHIBIT A SCOPE OF WORK PAGE 3 OF 3 Exhibit B Consultant Services Agreement between the City of Kent and New Connections of South King County Fee Schedule Summary of Services to provide to Kent Jail inmates Life Skills Workshops series of 4 weeks consisting of: Two orientation classes in first week Two Life Skills Workshops per week for three weeks Case management for individual inmate clients may be adjacent to Life Skills Workshops Weekly relicensing and resource information orientation and/or case management for offenders assigned to Programs, as time allows Continuation of case management for Kent Jail inmate clients at New Connections upon release from jail Data collection on Kent Jail inmates receiving above listed services Monthly fee for services $831.25 Contract Total $9,975.00 The above schedule lists the maximum monthly rate for services provided by this contract. Individual services and costs may be adjusted during the contract period only by mutual agreement of the contract parties. The Contractor may not bill for fees or costs exceeding the total contract amount of $9.975.00. EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Conti actor,their agents, representatives,employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors.products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insui ance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial Gcneral Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endoi sement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit C. Other Insurance Provisions The insurance policies are to contain,or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Contractor's insurance coverage shall be piimaiy insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30)days pi for written notice by certified mail,return receipt requested, has been given to the City. t Client#:29168 NEWCONN ACORD. CERTIFICATE OF LIABILITY INSURANCE D1/30/2012ATE V) 1l3012012 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 pollcy(les)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Bell-Anderson Ins-SBU PHONE 425 291-5200 FAXAIC,No 4252915100 A/C No, o Ext 600 SW 39th Street,Suite 200 E-MAIL Renton,WA 98057 ADDRESS INSU RER(S)AFFORDING COVERAGE NAIC tl 425291-5200 INSURER Philadelphia Insurance INSURED INSURER B New Connections of South King County INSURERC 412 W Titus INSURER D Kent,WA 98032-1208 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DOM/YY MMIDD/YYYV A GENERAL LIABILITY X PHPK821228 3212512012102/25/201 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREM6ES Fa NTTUEeO $100,000 CLAIMS-MADE rj�OCCUR MED EXP(Any one person) $5 000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY 7 PR0. 7JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident)'$ AUTOS AUTOS NON-OWNED I PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ I$ WORKERS COMPENSATION WC STATU- GTH- AND EMPLOYERS'LIABILITV YIN ImPR ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?(Mandatory in NH) ❑ NIA E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below BE DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) The certificate holder is additional insured for general liability, but only if required by written contract or written agreement per the attached endorsement#PI-GLD-HS 04/07. CERTIFICATE HOLDER CANCELLATION CITY OF KENT ATTN: Debra Leroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 FOURTH AVE S ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S366197/M366196 KJW PI-GLD-HS (04/07) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply In the event that no other specific coverage for the indicated loss exposure is provided under this policy If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement For complete details on specific coverages, consuitthe policy contract wording Coverage Applicable Limit of Insurance Page# Damage to Premises Rented to You $1,000,000 2 Extended Property Damage included 2 Non-Owned Watercraft Less than 58 feet 2 Medical Payments $20,000 2 Medical Payments—Extended Reporting Period 3 years 3 Athletic Activities Amended 3 Supplementary Payments—Bail Bonds $2,500 3 Supplementary Payment—Loss of Earnings $500 per day 3 Employee Indemnification Defense Coverage for Employee $25,000 3 Additional Insured-Medical Directors and Administrators Included 3 Additional Insured—Managers and Supervisors Included 3 Additional Insured—Broadened Named Insured Included 3 Additional Insured—Funding Source Included 4 Additional Insured—Home Care Providers Included 4 Additional Insured—Managers, Landlords, or Lessors of Premises Included 4 Additional Insured-Lessor of Leased Equipment—Automatic Status Included 4 When Required in Lease Agreement With You Additional Insured—Grantor of Permits Included 4 Limited Rental Lease Agreement Contractual Liability $50,000 limit 5 Damage to Property You Own, Rent,or Occupy $30,000 limit 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Duties In the Event of Occurrence, Claim or Suit Included 5 Unintentional Failure to Disclose Hazards Included 5 Liberalization Included a Bodily Injury—Includes Mental Anguish Included 6 Personal and Advertising Injury—Includes Abuse of Process, Included 6 Discrimination Key and Lock Replacement—Janitorial Services Client Coverage $5,000 limit 6 Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pt-GLD-HS 04/0{ 7) A. Damage to Premises Rented to You 1 if damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,the word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: a. The last paragraph of SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, b. SECTION III -LIMITS OF INSURANCE, Paragraph 6.; c. SECTION V—DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part,the words"Fire insurance"are changed to"insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears in: a. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire, lightning, explosion, smoke,or leaks from automatic fire protective systems or any combination thereof. B. Extended"Property Damage" SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions, Paragraph a. is deleted and replaced by the following: a. Expected or Intended Injury "Bodily Injury" or"Property Damage"expected or Intended from the standpoint of the Insured. This exclusion does not apply to"bodily Injury"or"property damage" resulting from the use of reasonable force to protect persons or property. C. Non-Owned Watercraft SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions, Paragraph g. (2)is amended to read as follows: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible forthe use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Medical Payments-Limit Increased to$20,000,Extended Reporting Period Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-HS (04/07) If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill-LIMITS OF INSURANCE to the greater of. a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. COVERAGE C MEDICAL PAYMENTS,Subsection 1.Insuring Agreement,the second part of Paragraph a.is amended to read provided that: (2) The expenses are incurred and reported to us within three years of the data of the accident; E.Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e.Athletic Activities is deleted and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. F. Supplementary Payments Under the SUPPLEMENTARY PAYMENTS-COVERAGE A AND B provision, Items 1.b.and 1.d. are amended as follows: 1. The limit for the cost of bail bonds is changed from$250 to$2,500;and 2. The limit for loss of earnings is changed from $250 a day to$500 a day. G. Employee Indemnification Defense Coverage Under the SUPPLEMENTARY PAYMENTS-COVERAGES A AND B provision,the following Is added: 3. We will pay, on your behalf, defense costs incurred by an "employee"in a criminal proceeding. The most we will pay for any"employee"who is alleged to be directly involved In a criminal proceeding is$25,000 regardless of the numbers of"employees", claims or"suits" brought or persons or organizations making claims or bringing"suits". H. SECTION II -WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a, is changed to read: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators-Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-GLD-HS (04/07) b. Managers and Supervisors- If you are an organization other than a partnership or joint venture,your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. c. Broadened Named Insured -Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. 3 3 d. Funding Source-Any person or organization with respect to their liability arising out of. (1) Their flnancial control of you, or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers-At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords,or Lessors of Premises-Any person or organization with respect to their liability arising out of the ownership,maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional Insured on your policy. Such person or organization is an insured only with respect to liability for"bodily injury","property damage" or "personal and advertising Injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the Insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place afterthe equipment lease expires. h. Grantors of Permits—Any state or political subdivision granting you a permit In connection with your premises subject to the following additional provision: (1) This Insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this Insurance applies: (a)The existence, maintenance, repair, construction,erection, or removal of advertising signs,awnings,canopies,cellar entrances, coal holes,driveways,manholes,marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. PI-GLD-HS (04/07) (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance 1. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I—COVERAGES, COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2.Exclusions, Paragraph b.Contractual Liability: (3) Based on the named Insured's request at the time of claim,we agree to indemnify the named Insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements This coverage is excess over any renter's liability Insurance of the client. J. Damage to Property You Own. Rent or Occupy SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions, Paragraph j. Damage to Property, Item(1) is deleted in its entirety and replaced with the following. (1)Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity,for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. K. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV—COMMERCIAL GENERAL LIABLITY CONDITIONS, Paragraph 8. Transfer of Rights of Recovery Against Others To Us: Therefore,the Insured can waive the insurer's Rights of Recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. L. Duties in the Event of Occurrence.Claim or Suit 1. The requirement In Paragraph 2.a. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense, applies only when the"occurrence"or offense is known to. a. You, if you are an individual; b. A partner, If you are a partnership;or c. An executive officer or insurance manager, if you are a corporation. 2. The requirement in Paragraph 2.b. of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit"is known to: a. You, If you are an individual; b. A partner, if you are a partnership, or c. An executive officer or insurance manager, if you are a corporation. Page 5 of Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-GLD-HS (04/07) M. Unintentional Failure To Disclose Hazards It is agreed that,based on our reliance on your representations as to existing hazards, If you should unintentionally fall to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. N. Liberalization If we revise this endorsement to provide more Coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. Bodily Injury-Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. is changed to read: "Bodily Injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these, and b. Except for mental anguish, includes death resulting from the foregoing (item a. above) at any time. P. Personal and Advertising Injury—Abuse of Process. Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part,the definition of"personal and advertising injury"is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14.b.is revised to read: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following: "Personal and advertising injury"also means discrimination based on race, color, religion,sex, j age or national origin, except when: (1)Done intentionally by or at the direction of,or with the knowledge or consent of: (a)Any insured; or (b)Any executive officer, director,stockholder, partner or member of the insured; or (2)Directly or indirectly related to the employment,former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; or (3)Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured;or (4) Insurance for such discrimination Is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. The following additional coverage is added to A. COVERAGE 4.ADDITIONAL COVERAGES: Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. PI-GLD-HS (04/07) Q. Key and Lock Replacement—Janitorial Services Client Coverage. 1. We will pay for the cost to replace keys and locks at the "clients" premises due to theft or other loss to keys entrusted to you by your 'client', up to a $5,000 limit per occurrence/$5,000 policy aggregate. 2. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, "employees", "managers", directors, trustees, authorized representatives or any one to whom you entrust the keys of a "client' for any purpose commit, whether acting alone or in collusion with other persons. 3. The following,when used on this coverage, are defined as follows: a. "Client'means an individual,company or organization with whom you have a written contractor work order for your services for a described premises and have billed for your services. b. "Employee" 1. Any natural person. a. While in your service or for 30 days after termination of service; b. Who you compensate directly by salary,wages or commissions; and c. Who you have the right to direct and control while performing services for you;or 2.Any natural person who is furnished temporarily to you: a To substitute for a permanent"employee"as defined in Paragraph 1, above,who Is on leave; or b. To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. 3. "Employee"does not mean: a. Any agent, broker, person leased to you by a labor leasing firm, factor, commission merchant, consignee, independent contractor or representative of the same general character, or b. Any"manager", director or trustee except while performing acts coming within the scope of the usual duties of an"employee". c. "Manager"means a person serving In a directorial capacity for a limited liability company. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.