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HomeMy WebLinkAboutPK13-043 - Original - Kent Parks Foundation - Kent Parks Foundation Management - 02/22/2013 Records M a ag eme6N� • KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Kent Parks Foundation Vendor Number: JD Edwards Number rd Contract Number: T�n k3 -OV,3 This is assigned by City Clerk's Office Project Name: Kent Parks Foundation 2013 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/2013 Termination Date: 12/31/2013 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Teri Petrole Department: Parks Administration Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON 2013 CONSULTANT SERVICES AGREEMENT between the City of Kent and The Kent Parks Foundation THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Parks Foundation organized under the laws of the State of Washington, located and doing business at 220 4T" Avenue South, Kent WA 98032, P.O. Box 26, Kent, WA 98035 (253) 856-5099 (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: For 2013, assist with grant submittals, conduct fund-raising efforts, and provide other services as described in the Scope of Services as attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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. III. COMPENSATION. A. The City shall pay the Consultant a flat rate of Twenty-Four Thousand and No/100 Dollars ($24,000.00) 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 supplemental agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City, accompanied by an activity report which describes the work conducted by Consultant under this Agreement during the previous quarter, and a final bill upon completion of all services described in this Agreement. The quarterly invoices shall be in equal amounts of Six Thousand and No/100 Dollars ($6,000) each. 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 and that 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. 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. 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. 2011 KPF IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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. 2011 KPF C. Resolution of Disputes and Governing Law. This Agreement shall be r 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, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 2011 KPF r IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: 01 By: � By: (si natur (signature) Print Name: Q�n2ery /tNamde: Suzette Cooke Its: EXE?aC Ve Its: Mayor Title) , Tale) DATE: 2��`f3 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Sandy Pederson Jeff Watling, Director Executive Director Kent Parks, Recreation, and Community Svcs Kent Parks Foundation 220 Fourth Avenue South PO Box 26 Kent, WA 98032 Kent, WA 98035 (253) 856-5100 (telephone) (253) 856-5099 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FO M: Kent Law Department 2011 KPF 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 1 five requirements referenced above. Dated this I th day of �eloraa , 20 13, By: wz&w-"� For: Kent /br ks- f rtdat jC74 Title: �ecLty-iyc 41 feCY'nr' Date: 211[/ 13 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 Kent Parks Foundation P.O. Box 26 Kent, WA 98035 (253) 856-5099 KENT PARKS kentparksfoundation(a)hotmad.com F o u N D A T 1 o N EXHIBIT A Kent Parks Foundation and the City of Kent Scope of Services and Payment Schedule January 1 to December 31, 2013 - Scope of Services- • In Cooperation with City Staff, Research Grants that are 501(c) 3 eligible. • Conduct a Fund Raising Event. • Manage/market the Kent Parks Foundation Gift Catalog. • Facilitate Legacy gifting promotion and implementation. • Facilitate the addition of new Board Members. • Oversee the completion of taxes for 2012. • Manage incoming donations for Access to Recreation. - Payment Schedule - • Annual $24,000. Foundation may request reimbursement on a quarterly basis. • A Progress Report must be provided with each billing. Leaving a Legacy EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. LE PHILADELPHIA INSURANCE COMPANIES A Member of the Tokro Marine Group One Bala Plaza.Suite 100,Bala Cynwyd,Pennsylvania 19004 610 617 7900•Fax 610 617 7940•PHLY com 02/0 412 0 1 3 Kent Parks Foundation c/o Sandra Pedersen PO Box 26 Kent,WA 98035-0026 Re PBPK976996 Dear Valued Customer: Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs Our first class customer service, national presence and A++ (Superior) A M Best financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY com to learn more about our Company! Sincerely, Sean S.Sweeney President Philadelphia Insurance Companies SSS/sm Philadelphia Consolidated Holding Corp •Philadelphia Indemnity Insurance Company•Tokro Marine Specialty Insurance Cc•Maguire Insurance Agency,Inc • Receive Invoices Electronically • Pay Your Bills Online • Set Up Recurring Payments • Available 24/7 ' Safe and Secure Enroll • NO FEE! � Environmentally Friendly Pay Your Bill Online To pay your bills online you will need a User ID and Password to access our website If you don't have a User ID please create one by visiting hftRs://www.PHLY.com/myphly/newuser.ash If you have a User ID, please login and click on "Online Bill Pay'and enter the necessary information to pay your bills Philadelphia Insurance Companies accepts electronic checks (a debit from your checking or savings account) as a method of payment Please allow 2 to 3 business days for your payment to post to your account This service is offered free of charge Please note that credit card payments cannot be made online Recurring Payment Customers that receive their bill directly (and not from their agent) can sign up for recurring payment via automatic withdrawals from a checking,savings,or money market account for direct bill policies If you do not already have an account on PHLY.eom you will need to create one by visiting hffps://www.PHLY.com/myphly/ne"ser.asp Once logged in please refer to "Links for You" and click the "Recurring Payment Instructions"to learn how to enroll You can also click the "Online Bill Pay"tab on the left hand side to enroll in Recurring Payment 0400-1. How to Create an Account on PHLY.com 1 Go tohttps•//wwwPHLYcom/myphly/newuser.gspx 2 Select the applicable BUTTON (insured or producer) 3 Complete the information on the page • You will CREATE your own USER NAME and PASSWORD • The password must be at least 7 characters and contain one number,one lower case letter, and one capital letter 4 Click CONTINUE when done 5 On the next page,complete the PASSWORD RESET QUESTION If you ever forget your password,we will ask you this security question and you will enter the answer you have selected b Once you have received the page that states "CONTINUE TO MY PHLY,"then you have successfully x created the account ® PHILADELPHIA INSURANCE COMPANIESe 4 6tembe r of the Tokyo Minn Grolp sr 'r roru>on the Things that Matter,We'll Handle the Rrsklo , �iae . PI-BELL-1 (11/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BELL ENDORSEMENT PHILADELPHIA One Bala Plaza, Suite 100 INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 610 617 7900 Fax 610.617 7940 A Member of the Tokio Marme Group PH LY.com Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of Limits of Liability or Limits of Insurance and/or additional coverages provided by this endorsement This endorsement is subject to the provisions of the policy to which it is attached COVERAGE LIMITS OF INSURANCE Business Travel Accident Benefit $50,000 Conference Cancellation $25,000 Donation Assurance $50,000 Emergency Real Estate Consulting Fee $50,000 Fundraising Event Blackout $25,000 Identity Theft Expense $50,000 Image Restoration and Counseling $50,000 Key Individual Replacement Expenses $50,000 Kidnap Expense $50,000 Political Unrest $5,000 per employee $25,000 policy limit Temporary Meeting Space Reimbursement $25,000 Terrorism Travel Reimbursement $50,000 Travel Delay Reimbursement $1,500 Workplace Violence Counseling $50,000 Page 1 of 8 0 2009 Philadelphia Insurance Companies J PI-BELL-1 (11/09) II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable B. Limits of Liability or Limits of Insurance 1. When coverage is provided by this endorsement and another coverage form or endorsement attached to this policy, the greater limits of liability or limits of insurance will apply In no instance will multiple limits apply to coverages which may be duplicated within this policy Additionally, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same occurrence, offense, wrongful act, accident or loss, the maximum limits of liability or limits of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limits of liability or limits of insurance under any one coverage part or policy 2. Limits of liability or limits of insurance identified in Section I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above are not excess of, but are in addition to the applicable Limits of Liability or Limits of Insurance stated in the Declarations C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you, such as fees you may incur by retaining a public adjuster or appraiser III. ADDITIONAL COVERAGES A. Business Travel Accident Benefit We will pay a Business Travel Accident Benefit to the insured if a director or officer suffers injury or death while traveling on a common carrier for your business during the policy period For the purpose of Business Travel Accident Benefit coverage, injury means 1. Physical damage to the body caused by violence, fracture, or an accident that results in loss of life not later than one hundred eighty (180) days after the policy expiration, the date of cancellation or the date of non-renewal, 2. Accidental loss of limbs or multiple fingers, 3. Total loss of sight, speech or hearing The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage The Business Travel Accident Benefit shall not be payable if the cause of the injury was 1. An intentional act by the insured, 2. An act of suicide or attempted suicide, 3. An act of war, or 4. A disease process Page 2 of 8 ©2009 Philadelphia Insurance Companies L PI-BELL-1 (11/09) B. Conference Cancellation We will reimburse the insured for any business-related conference expenses, paid by the insured and not otherwise reimbursed, for a canceled conference that an employee was scheduled to attend The cancellation must be due directly to a"natural catastrophe" or a .'communicable disease" outbreak that forces the cancellation of the conference With respect to a conference cancellation claim, it is further agreed as follows 1. The insured employee must have registered for the conference at least thirty (30) days prior to the cancellation, and 2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference The limit of insurance for this coverage is $25,000 per policy period for all insureds combined No deductible applies to this coverage C. Donation Assurance If the insured is a 501(c)(3) status non-profit organization as defined in the United States Internal Revenue Code, we will reimburse the insured for"failed donation claim(s) " With respect to any"failed donation claim," it is further agreed as follows 1. The donor must not have been in bankruptcy, nor have filed for bankruptcy or reorganization in the past seven (7)years prior to the time said pledge was made to the insured, 2. For non-cash donations, our payment of a"faded donation claim" shall be based on the fair market value of said non-cash donation at the time of the"failed donation claim", 3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the"failed donation claim" a. Neither the natural person donor nor the insured shall have had reason to believe the donor would become unemployed or incapacitated subsequent to the donation date, and b. The donor shall be unemployed for at least sixty(60)days prior to a claim being submitted by the insured, 4. No coverage shall be afforded for a written pledge of funds or other measurable, tangible property to the insured dated prior to the policy period, and 5. A donation amount which is to be collected by the insured over more than a twelve (12) month period shall be deemed a single donation The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage D. Emergency Real Estate Consulting Fee We will reimburse the insured any realtor's fee or real estate consultant's fee necessitated by the insured's need to relocate due to the"unforeseeable destruction"of the insured's"principal location" listed in the Declarations during the policy period The limit of insurance for this Page 3 of 8 ©2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage E. Fundraising Event Blackout We will reimburse the insured for"fundraising expenses"that are incurred due to the cancellation of a fundraising event caused by the lack of electric supply resulting in a power outage, provided the fundraising event is not re-scheduled The fundraising event must have been planned at least thirty (30) days prior to the power outage The limit of insurance for this coverage is$25,000 per policy period for all insureds combined No deductible applies to this coverage F. Identity Theft Expense We will reimburse any present director or officer of the named insured for"identity theft expenses" incurred as the direct result of any"identity theft"first discovered and reported during the policy period, provided that it began to occur subsequent to the effective date of the insured's first policy with us The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage G. Image Restoration and Counseling We will reimburse the insured for expenses incurred for image restoration and counseling arising out of"improper acts" by any natural person Covered expenses are limited to 1. The costs of rehabilitation and counseling for the accused natural person insured, provided the natural person insured is not ultimately found guilty of criminal conduct, this reimbursement to occur after acquittal of the natural person insured, 2. The costs charged by a recruiter or expended on advertising, for replacing an officer as a result of"improper acts', and 3. The costs of restoring the named insured's reputation and consumer confidence through image consulting The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage H. Key Individual Replacement Expenses We will pay"key individual replacement expenses" if the Chief Executive Officer or Executive Director suffers an"injury" during the policy period which results in the loss of life during the policy period The limit of insurance for this coverage is the lesser of$50,000 or ten (10)times the annual premium paid for this policy No deductible applies to this coverage I. Kidnap Expense We will pay on behalf of any director or officer of the insured, reasonable fees incurred as a result of the kidnapping of them or their spouse, "domestic partner," parent or child during the policy period Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim Reasonable fees will include Page 4 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) 1. Fees and costs of independent negotiators, 2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat, 3. Travel costs and accommodations incurred by the named insured, 4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance, and 5. Salary, commissions and other financial benefits paid by you to a director or officer Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of a. Up to thirty (30) days after their release, if the director or officer has not yet returned to work, b. Discovery of their death, c. One hundred twenty (120) days after the last credible evidence following abduction that they are still alive, or d. Twelve (12)months after the date of the kidnapping The limit of insurance for this coverage is$50,000 each policy period for all insureds combined No deductible applies to this coverage J. Political Unrest Coverage We will reimburse any present director, officer, employee or volunteer of the named insured while traveling outside the United States of America for"emergency evacuation expenses"that are incurred as a result of an incident of"political unrest" This"political unrest" must occur during the policy period No coverage is granted for travel to countries in a state of"political unrest"at the time of departure of the travel The limit of insurance for this coverage is $5,000 per covered person, subject to a maximum of$25,000 per policy period for all insureds combined No deductible applies to this coverage K. Temporary Meeting Space Reimbursement We will reimburse the insured for rental of meeting space which is necessitated by the temporary unavailability of the msured's primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy The limit of insurance for this coverage is$25,000 per policy period for all insureds combined No deductible applies to this coverage L. Terrorism Travel Reimbursement We will reimburse any present director or officer of the named insured in the event of a "certified act of terrorism" during the policy period which necessitates that he/she incurs "emergency travel expenses" The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage Page 5 of 8 ©2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) M. Travel Delay Reimbursement We will reimburse any present director or officer of the named insured for any"non- reimbursable expenses"they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier The limit of insurance for this coverage is$1,500 per policy period for all insureds combined A seventy-two(72) hour waiting period deductible applies to this coverage N. Workplace Violence Counseling We will reimburse the insured for emotional counseling expenses incurred directly as a result of a"workplace violence" incident at any of the insured's premises during the policy period The emotional counseling expenses incurred must have been for 1. Your employees who were victims of, or witnesses to the"workplace violence"; 2. The spouse, "domestic partner," parents or children of your employees who were victims of, or witnesses to the"workplace violence", and 3. Any other person or persons who directly witnessed the"workplace violence" incident The limit of insurance for this coverage is$50,000 per policy period for all insureds combined No deductible applies to this coverage IV. DEFINITIONS For the purpose of this endorsement, the following definitions apply A. "Certified act of terrorism" means any act so defined under the Terrorism Risk Insurance Act, and its amendments or extensions B. "Communicable disease" means an illness, sickness, condition or an interruption or disorder of body functions, systems or organs that is transmissible by an infection or a contagion directly or indirectly through human contact, or contact with human fluids,waste, or similar agent, such as, but not limited to Meningitis, Measles or Legionnaire's Disease C. "Domestic partner" means any person who qualifies as a domestic partner under the provisions of any federal, state or local statute or regulation, or under the terms and provisions of any employee benefit or other program established by the named insured D. "Emergency evacuation expenses" mean 1. Additional lodging expenses, 2. Additional transportation costs, 3. The cost of obtaining replacements of lost or stolen travel documents necessary for evacuation from the area of"political unrest", and 4. Translation services, message transmittals and other communication expenses provided that these expenses are not otherwise reimbursable E. "Emergency travel expenses"mean Page 6 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) 1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a commercial transportation carrier, resulting directly from and within forty-eight(48) hours of a"certified act of terrorism", and 2. The increased amount incurred which may result from re-scheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a"certified act of terrorism", provided that these expenses are not otherwise reimbursable F. "Failed donation claim" means written notice to the insured during the policy period of• 1. The bankruptcy or reorganization of any donor whereby such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other measurable, tangible property to the insured, or 2. The unemployment or incapacitation of a natural person donor preventing him/her from honoring a prior written pledge of funds or other measurable, tangible property to the insured G. "Fundraising expenses"mean deposits forfeited and other charges paid by you for catering services, property and equipment rentals and related transport, venue rentals, accommodations (including travel), and entertainment expenses less any deposits or other fees refunded or refundable to you H. "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of any director or officer(or spouse or"domestic partner"thereof) of the named insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law I. "Identity theft expenses" mean 1. Costs for notanzing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies, 2. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors, and 3. Loan application fees for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information J. "Improper acts' means any actual or alleged act of 1. Sexual abuse, 2. Sexual intimacy, 3. Sexual molestation, or 4. Sexual assault, committed by an insured against any natural person who is not an insured Such "improper acts" must have been committed by the insured while in his or her capacity as an insured K. "Injury"whenever used in this endorsement, other than in Section III.A. Business Travel, Page 7 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) means any physical damage to the body caused by violence,fracture or an accident L. "Key individual replacement expenses" mean the following necessary expenses 1. Costs of advertising the employment position opening, 2. Travel, lodging, meal and entertainment expenses incurred in interviewing lob applicants for the employment position opening, and 3. Miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up an employment contract M. "Natural catastrophe" means hurricane, tornado, earthquake or flood N. "Non-reimbursable expenses" means the following travel-related expenses incurred after a seventy-two (72) hour waiting period, beginning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt 1. Meals and lodging, 2. Alternative transportation, 3. Clothing and necessary toiletries, and 4. Emergency prescription and non-prescription drug expenses O. "Political unrest" means 1. A short-term condition of disturbance, turmoil or agitation within a foreign country that poses imminent risks to the security of citizens of the United States, 2. A long-term condition of disturbance, turmoil or agitation that makes a foreign country dangerous or unstable for citizens of the United States, or 3. A condition of disturbance, turmoil or agitation in a foreign country that constrains the United States Government's ability to assist citizens of the United States, due to the closure or inaccessibility of an embassy or consulate or because of a reduction of its staff for which either an alert or travel warning has been issued by the United States Department of State P. "Principal location" means the headquarters, home office or main location where most business is substantially conducted Q. "Unforeseeable destruction" means damage resulting from a"certified act of terrorism," fire, collision or collapse which renders all of the insured's"principal locations"completely unusable R. "Workplace violence" means any intentional use of or threat to use deadly force by any person with intent to cause harm and that results in bodily"injury"or death of any person while on the msured's premises Page 8 of 8 0 2009 Philadelphia Insurance Companies PHILADELPHIA One Bala Plaza, Suite 100 El INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 610 617.7900 Fax 610 617 7940 A Member of the Tokio Manne Group PH LY Com Philadelphia Indemnity Insurance Company COMMON POLICY DECLARATIONS Policy Number: PHPK976996 Named Insured and Mailing Address: Producer. 196 Kent Parks Foundation BELL-ANDERSON AGENCY, INC c/o Sandra Pedersen 600 SW 39th St Ste 200 PO Box 26 Renton, WA 98057 Kent, WA 98035-0026 Policy Period From: 03/03/2013 To: 03/03/2014 at 12 01 A M Standard Time at your mailing address shown above Business Description: Non Profit Organization IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED THIS PREMIUM MAYBE SUBJECT TO ADJUSTMENT PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part 27800 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part 186.00 Buslnessowners Workers Compensation Total $ 464.00 Total Includes Federal Terrorism Risk Insurance Act Coverage 2.00 FORM (S)AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule 'Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations CPD-PIIC(01/07) Countersignature Date Authorized Representative IN WITNESS WHEREOF,we have caused this policy to be executed and attested,and,rf required by state law,this policy shall not be valid unless countersigned by our authorized representative President Secretary BJP-190-1(12-98) Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number PHPK976996 Agent# 196 ® See Supplemental Schedule LIMITS OF INSURANCE $ 2, 000, 000 General Aggregate Limit(Other Than Products—Completed Operations) $ 2,000, 000 Products/Completed Operations Aggregate Limit (Any One Person Or Organization) $ 1,000, 000 Personal and Advertising Injury Limit $ 1,000, 000 Each Occurrence Limit $ 100, 000 Rented To You Limit $ 5, 000 Medical Expense Limit(Any One Person) FORM OF BUSINESS: NONPROFIT ORGANIZATION Business Description Non Profit Organization Location of All Premises You Own, Rent or Occupy SEE SCHEDULE ATTACHED AUDIT PERIOD,ANNUAL, UNLESS OTHERWISE STATED N/A Rates Advance Premiums Premium Prom/ Prod/ Prem./ Prod I Classifications Code No. Basis O s Comp ops 013S comp ops SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $ 278 00 $ RETROACTIVE DATE (CG 00 02 ONLY) This Insurance does not apply to "Bodily Intury', "Property Damage", or"Personal and Advertising Injury"which occurs before the retroactive date, if any, shown below Retroactive Date FORM (S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative COMMERCIAL GENERAL LIABILITY CG P 011 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION ENDORSEMENT ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements) If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorse- ments)shall prevail. Carefully read your policy, including the endorsements attached to your policy This Notice provides information concerning the following new endorsement, which applies to your renewal policy being issued by us Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Endorsement CG 00 68 05 09 This endorsement replaces the current Distribution Of Material In Violation Of Statutes Exclusion in your policy with a revised exclusion, newly titled Recording And Distribution Of Material Or Information In Violation Of Law Exclusion The revised exclusion contains language that elaborates on the intent of the Distribution Of Material In Violation Of Statutes Exclusion to reflect that, in addition to the TCPA and CAN-SPAM Act of 2003, the exclusion will more explicitly exclude liability coverage for bodily injury, property damage or personal and advertising injury arising out of any action or omission that violates, or is alleged to violate, the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACIA) and any other similar federal, state or local statute, ordinance or regulation concerning disposal and dissemination of personal information CG P 011 05 09 ©insurance Services Office, Inc, 2008 Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number PHPK976996 Agent# 196 Premium Rates Advance Premiums Basis Prem.l Prod/ Prem I ProdJ Classifications Code No O s comp O s O s comp O s. WA PREM NO 001 BLDG/PREMS-OFFICE-NOC-NFP 61227 400 141.301 INCL 58 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT WA PREM NO. 001 CONSULTANT-NOC 41677 21,600 0.887 INCL 20 INCL PAYROLL PROD/COMP OP SUBJ TO GEN AGG LIMIT BALANCE TO MEET PREM/OPS SUBLINE MINIMUM 44444 200 Philadelphia Indemnity Insurance Company Form Schedule — General Liability Policy Number: PHPK976996 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description CGP011 0509 Recording and Distribution of Material or Information Gen Liab Dec 1004 Commercial General Liability Coverage Part Declaration Gen Liab Schedule 0100 General Liability Schedule CG0001 1207 Commercial General Liability Coverage Form CG0068 0509 Recording and Distribution of Material or Information CG0181 0508 Washington Changes CG0197 1207 WA Chgs-Employment-Related Practices Excl CG2146 0798 Abuse Or Molestation Exclusion CG2170 0108 Cap on Losses From Certified Acts of Terrorism CG2402 1204 Binding Arbitration CG2677 1204 Washington - Fungi or Bacteria Exclusion PI-GL-001 0894 Exclusion - Lead Liability PI-GL-002 0894 Exclusion - Asbestos Liability PI-GLD-HS 1011 General Liability Deluxe Endorsement, Human Services PI-SE-001 1205 Fund Raising Events Endorsement Page 1 of 1 PI-GL-001(8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - LEAD LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2 , Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2 , Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY(Section 1 -Coverages) This insurance does not apply to 1 "Bodily injury," `property damage," or"personal and advertising injury" arising out of or caused by the actual or alleged a. Exposure to or existence of lead,paint containing lead,or any other material or substance containing lead, b Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead,paint containing lead,or any other material or substance containing lead, Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever 2 Any legal obligation of any insured for indemnification or contribution due to damages arising out of"bodily injury," "property damage"or"personal and advertising injury"caused by lead, paint containing lead, or any other substance or material containing lead 3 Any loss, cost, expense or damages, whether direct or consequential, arising out of any (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead, or (b) Claim or suit related to,testing for,monitoring,cleaning up, removing,abating,containing,treating or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead Page 1 of 1 PI-GL-002 (8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2 , Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2 , Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY(Section 1 -Coverages) This insurance does not apply to "Bodily injury,""property damage," "personal injury"or"advertising injury" ansing out of 1 Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos, 2 The use of asbestos in constructing or manufacturing any good, product or structure, 3 The removal of asbestos from any good, product or structure, or 4 The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or "suit," injury or damage or any cost, fine or penalty or for any expense or claim or"suit' related to any of the above Page 1 of 1 Philadelphia Indemnity Insurance Company Form Schedule — Policy Policy Number: PHPK976996 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue. Form Edition Description Recurring Payment Flyer 1212 Recurring Payment Flyer CSNotice-1 1011 Making Things Easier BIP-190-1 1298 Commercial Lines Policy Jacket CPD-PIIC 0107 Common Policy Declarations Location Schedule 0100 Location Schedule PP-0701 0701 Privacy Policy Notice PI-BELL-1 1109 Bell Endorsement PI-CME-1 1009 Crisis Management Enhancement Endorsement IL0021 0908 Nuclear Energy Liability Exclusion Endorsement IL0146 0810 Washington Common Policy Conditions IL0198 0908 Nuclear Energy Liability Exclusion Endorsement IL0985 0108 Disclosure Pursuant to Terrorism Risk Insurance Act PI-TER-DN1 0112 Disclosure Notice of Terrorism Ins Coverage Rejection Page 1 of 1 Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK976996 Prems Bldg No No Address 0001 0001 220 4th Ave S Kent, WA 98032-5838 Page 1 of 1 Client# 61502 KENTPAR ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 DATE 02/2112013112013 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(ies)must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT NAME Bell-Anderson Ins-Renton CIL PHONE _ FA % AIC,No,Ext 425 291-5200 AIX No 4252915100 600 SW 39th Street,Suite 200 E-MAIL ADDRESS Renton,WA 98057 425 ton INSURER IIIS)AFFORDING COVERAGE NAIC -WA INSURER Philadelphia Insurance INSURED INSURERB Kent Parks Foundation P O BOX 26 INSURER C INSURER D Kent,WA 98035 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR VIVID POLICY NUMBER MMIDDIYYYY MMIDD/YYYY A GENERAL LIABILITY PHPK825467 3/03/2013 03/03/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES RElc.TrED ce $100,000 CLAIMS-MADE C OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP ASS $2,000,000 POLICY PRO- ECT LOC S A AUTOMOBILE LIABILITY PHPK825467 0310312013 03/03/2014 COMBINED SINGLE LIMIT Ea accident 1,000,000 ANYAUTO BODILY INJURY(Per person) $ ALL OWN ED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE HIRED AUTOS X AUTOS Per accident $ - - UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- TH- MJS EMPLOYERS LIABILITY YIN ANY PROPRI ETC R/PARTN ER/EXECUTIVE EL EACH ACCIDENT $ OFFICERWEMEER EXCLUDED? NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE.-POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Kent, its Officers, Employees,Agents and Volunteers are additional insured for general liability, but only if required by written contract or written agreement per the attached endorsement # PI-GLD-HS O407 as respects their interest in the activities of the named insured for liability arising out of fundraising activities CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept of Parks, Recreation Community Service ACCORDANCE WITH THE POLICY PROVISIONS Attn Teri Petrole 220 Fourth Avenue S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S430798/M430795 SLIM 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, consult the 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 6 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. PI-GLD-HS (04/07) 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 l—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 for the 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 (04107) 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 III - 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 date 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 1.1b. 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 orjomt 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. d. Funding Source-Any person or organization with respect to their liability arising out of (1) Their financial 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 after the 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. I. 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 7 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 addhlonal 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 Iniury-Mental Anauish 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 Iniury—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, 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) ©. 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 contract or 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, of 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. REQUEST :CR MAYOR'S SIGNATURE • Please fill in all applicable boxes KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) , ` ° Orl inator: Jeff Watling Phone (Originator): x5007/5101 Date Sent: February 14, 2013 Date Required- March Return Signed Document to: Jeff/Teri CONTRACT TERMINATION DATE: 12/31/13 VENDOR NAME: Kent Parks Foundation DATE OF COUNCIL APPROVAL: N/A Brief Explanation of Document: This is the annual contract for 2013 with Kent Parks Foundatit n to support the Parks and Recreation Department's efforts in conservation, education, and acquisition and development of resources through philanthropy (including planned giving, endowments, structured giving and estate planning) I RECEIVED FEB 2 12013 City Of Kent Office of the Mayor All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received 1, Approval of Law Dept T ' hn sYY ixx � / Law Dept Comments i Date Forwarded to Mayor Shaded Areas To Be Completed By Administration Staff �...� Received: F>i� 2 2 2013 Recommendations and Comments: CITY OF}CEO CITY CLEviK Disposition: Date Returned