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HomeMy WebLinkAboutHR14-250 - Original - HRS Northwest, Inc. - Unemployment Compensation Third-Party Administration - 10/13/2014 i '` x i= /'''�►. Records Malffagerne Milo Document WgSMINOTOH j. 6 li 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: HRS Northwest Vendor Number: JD Edwards Number Contract Number: OW260 This is assigned by City Clerk's Office Project Name: Unemployment Compensation Third-Party Administration Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other; Contract Effective Date: 10/13/2014 Termination Date: Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Department: Contract Amount: Less than $5,000 Approval Authority: (CIRCLE ONE) X Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 KIENT CONSULTANT SERVICES AGREEMENT between the City of Kent and HRS Northwest, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Human Resource Services Northwest organized under the laws of the State of Washington - King County, located and doing business at 116 1591h Ave SE, Bellevue, WA (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: Attached as cxhlbit 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. Consultant shall complete the work described in Section I III. COMPENSATION. i A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $5,000 (Five Thousand Dollars) per year, 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 2. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the CONSULTANT SERVICES AGREEMENT- 1 (Under$10,000) 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 ail 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, I CONSULTANT SERVICES AGREEMENT- 2 (Under$10,000) damages, g , 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 a 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. I 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 flies 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 CONSULTANT SERVICES AGREEMENT - 3 (Under$10,000) I 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 D€sputes_,pnd Governing Law, This Agreement shall be governed by and construed In accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the parties' performance of this Agreement; each party shall pay all its legal costs and attorney's fees Incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award provided by law; ,Provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated In this Agreement or such other address as may be hereafter specified in writing, E. Assignment, Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification, No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless In writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONSULTANT SERVICES AGREEMENT - 4 (Under$10,000) 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. City Business Llcense Required. Prior to commencing the tasks described In Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. 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 OFF KENT: / (signeture�, (signature) Print Name: Z o3 Q-r- 4I YIA' it It ear' Print Name: Lorraine Patterson Its: f' C-) Its: HR !rector (title) DATE: t I ( DATE: �U i Oj �i /i/Al NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Roger D. Miller Chris Hills, ARM-P, CRM, Risk Manager Human Resource Services Northwest City of Kent PO Box 6697 220 Fourth Avenue South Bellevue, WA 98008 Kent, WA 98032 425.284,2045 (telephone) (253) 856-5285 (telephone) 425.643.8333 facsimile {253) 856-627D (facsimile) I [In th,Auto,you may enter the eletrome Alepath where the eor act has heou saved) I ( CONSULTANT SERVICES AGREEMENT - 5 (Under$10,000) DECLARATION CITY OF (CENT 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. By: �-p For: Title: Date: I EEO COMPLIANCE DOCUMENTS 1 i CITY OF KENT ADMINISTRATIVE POLICY i i NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i 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, i i i i EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT j EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I I, the undersigned, a duly represented agent of . Company, hereby acknowledge and declare that the before-mentioned company was the prime i 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A—6 HUMAN RESOURCE SERVICES Pages Total CLAIMS PROCESS HRS NW receives the initial claim from the State on your behalf and enters the information into our Access database and HRS NW contacts you via e-mail for details regarding the individual who is claiming unemployment benefits. Once HRS NW receives the required Information, a response to the state is prepared based on the facts you've provided. When necessary, we conduct further fact- find In g/i nvestigation through our established contact person. For some separations, we request internal documentation such as disciplinary and termination letters, With approval from our contact person, we may speak with the person involved in direct supervision of the claimant to ensure that responses include all details of the situation. We organize your documents, summarize the facts in written response farm and process all state-required paperwork. A determination from the State is received on your behalf. If either party files an appeal, we handle ail administrative matters. We prepare and guide you through the entire hearing process. A decision from the State is received on your behalf. If you want to appeal the decision, HRS NW will write a Petition for Review. I' We prepare quarterly reports and analyze all data prior to submitting the reports tp you. We audit claims and benefit charges - and work with state tax offices to have incorrect charges removed from client accounts. I i I Human Resoux ce Sexidces Noz-thtvest PO Box 6697, Bellevue WA 98008-0697 Phone: 425-284-2045JFax: 425-643.8333 i STEPS IN THE CLAIM PROCESS i 1. Filing a claim • When a person (the "claimant") elects to receive unemployment benefits they may contact the Telecenter by phone or Internet. • The claimant completes intake information, including the reason they were separated from their former employer, 11. Employer response • The Telecenter creates a claim farm and sends it to the employer (HRS NW). • The employer is required to respond to the claim giving their reasons for the separation, including copies of warnings and other supporting documentation. • Supplying the most detailed information at this point in the process increases the likelihood of a good outcome. Ill. What Is an adjudicator? • When a claimant and the employer have provided their information, an employee of the State (an adjudicator) reviews and compares both parties' "stories". • Adjudicators are to be impartial and not take sides for or against the claimant or the employer. • Either side may challenge what the other says. IV. The adjudication process — Lack of work, layoffs, and reduction in force. • When a person is separated because their employer has no work for them, their jobs have been outsourced, or the department closes, a former employee's claim is fast tracked. Benefits will be allowed in these cases. V. The adjudication process—Performance, inability, probationary discharge. • The State usually views these separation reasons as matters beyond the claimant's control. • An inability to do their job up to required standards, a poor attitude,not meeting sales quotas, etc, are not necessarily considered disqualifying misconduct. • The claimant will usually be allowed unemployment benefits. I I VI. The adjudication process—Quits, discharge for misconduct. • When a person has been separated because they quit or were discharged for misconduct, the adjudicator investigates the issues involved. • The adjudicator is.guided by State statutes in reaching their determination, but have significant leeway in many circumstances, • The adjudicator reviews the information received from the claimant and the employer. • If both parties are in substantial agreement, the adjudicator issues a determination, stating whether the claim is allowed or denied (i.e. whether benefits will be paid). • If there is disagreement, the adjudicator will contact one or both parties for clarification and additional documentation (an "adjudicator call'). V11. What the employer needs to do when a person was discharged for some form of misconduct. • Describe the final incident leading to their discharge, including the date. • Provide copies of policies violated.. • Provide copies of at least 3 prior warnings for the same type of issue (ex: tardiness, falling asleep on the job, rude to customers) OR provide policies that show that one instance of this behavior is sufficient to be terminated (fighting, drinking on the job, etc.). Vlll. Resignation in lieu of termination. • If you force an employee to quit, provide them with a pre-written resignation letter, "suggest" they look for work elsewhere (with the result that they quit), the State usually will adjudicate the separation as a discharge, not a quit. • The employer will be responsible to support their reason for terminating. IX. HRS Northwest and the adjudication process. • We have built a reputation with the State as an employer representative that can be counted on to provide complete, honest, and accurate information at the claims level. • Although they must be impartial, we have developed solid working relationships with the adjudicators we work with, because we "speak their language" and know what they need. INCREASING THE CHANCE OF A FAVORABLE OUTCOME 1. Follow your own policy • If your attendance policy states a person must reach 5 attendance points before discharge, and you discharge them for attendance after 3.5, they may be allowed benefits. i I If policy states that a person will be terminated after four "no call, no shows" and you allow them to work after having ten, they may be allowed benefits. I 11. Have clear, applicable, and consistent warnings that are according to policy. • Include the act or behavior involved and the dates incidents occurred. • If a person is warned for an attendance issue, include the specific type of incident that was involved (unexcused absence, tardy, no call/no show, etc.) and the dates, • Stating only: "You have now reached 3.5 attendance points" without specifying the type of incident involved may cause the warning to be disregarded by the adjudicator. • Warnings must apply to the final incident. If a person is discharged for rudeness, but all prior warnings were for attendance issues, they may be allowed benefits. • Where applicable, include witness statements, customer complaint cards and other relevant documentation. Ill. When you warn or discharge an employee, document and keep notes so that you will be able to refresh your memory in the event of an appeal. IV. Provide documentation in a timely manner. • If we receive paperwork in a timely manner, it gives us the opportunity to review and compose a reasoned response to the State. • If we send in full documentation with the claim form, rather than following an adjudicator call, it may allow the adjudicator to find flaws in the claimant's story and challenge them, V. Plan to win at the claims level. • If we are able to establish a good cause for the claimant's discharge, or that they had a disqualifying reason for quitting, claims are more likely to be denied, • Experience has shown us that when claimants are denied at the claims level, they usually do not appeal. • Avoiding a hearing saves you the time and employee hours required to help us present your case. I DETERMINATION$ I I I. After reviewing the information provided on the claim form and attached documentation, the adjudicator issues a determination. A copy is mailed to both the claimant and HRS Northwest. I li i i I II. determinations provide the facts of the case and the adjudicator's reasons for reaching their decision to allow or deny unemployment benefits to the claimant. III. Each determination includes the opportunity for the claimant or employer to appeal the adjudicator's conclusion. When these are received at HRS Northwest, we review the facts and reasoning sections, and contact you with our explanations and recommendations, IV,. When benefits have been denied, we will provide you with the potential savings in liability. APPEALS 1. When the claimant or the employer elects to appeal a determination, that party must file a Request for Hearing by the stated deadline. If you choose to appeal, we will file on your behalf. 11. When we receive a hearing date, our Appeals Manager, or the person assigned to the hearing, will contact you to discuss the issues that are likely to come up during the hearing. They will also request any additional documentation that might be helpful and request witnesses, if needed. In order to save as much of your time as possible, we endeavor to keep the number of witnesses to only what is necessary to establish our case, III. The hearings process is relatively simple. The Administrative Law Judge will control the process and both sides will be allowed to present their case and question the other parties. IV, The Appeals Manager will often arrange a pre-hearing, at which time they will review the issues and procedures likely to be involved for those unfamiliar with the hearings process. V. The Judge's decision will usually be mailed to both parties within two weeks. VI. The losing party is given the option to file a Petition for Review. A neutral judge will review only the transcript and documents from the hearing. No new evidence will be considered. e A decision will be rendered and usually will be received within one month. I I I I i Human Resource Services Northwest - Claims Process Flow Claim Received By HRS NW Is Claim In Access Database No Enter in Database Claims Manager Contacts The Client for Information Yes No Is Therean Claims Manager Completes Claims Manager Updates Client Emails Information Issue Paperwork and Faxes to State Database To HRS NW Yes Determination is Received Claims Manager Informs Client and Recommends Yes Client Chooses#o A eat yes Claim Given to Appeals From the Sate An Appeal if Claim is Allowed PP Manager for Action No No Paperwork Sent to Filing Appeals.Manager Files An Appeal Client is Contacted for Preheari With Client If Hearing Preliminary Arrangements With or Without Client as Needed Decision Received for Hearing There are Wifnesses Decision Received From Appeals Manager\11 I es a Appeals Manager Informs Yes Client The State Petition for Review :of Decision and Recommends an Appeal No Appeals Manager Informs Client of Decision Paperwork Sent to Filing I i EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance j The Consultant shall procure and maintain for the duration of the Agreement, j 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 I 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 $1,000,006 each occurrence, $2,000,000 general aggregate. i I i i 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 AWII. i E. Verification of Coverage I 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. CERTIFICATE OF LIABILITY INSURANCE 10/9/20 4YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ', CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CONTACT John Gunn McDonald Insurance Group, Inc. PHONE ,,, (425)827-7400 FA, Not: (425)827-7402 PO Box 3089 LbmA,ESS,johng@mcdonaldins.core 620 Kirkland Way, Ste 100 INSURERS AFFORDING COVERAGE NAIC# Kirkland WA 98083-3089 wsURERA;Sentinel Insurance Company 11000 INSURED INSURER S I HRS NW, LLC INSURER C: DBA: HUMAN RESOURCE SERVICES NORTHWEST INSURER D: P OBOX 6697 INSURER E: BELLEVUE WA 98008 1 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADOL BWk.UBR POLICYNUMBER POLICY ULDOY� MNItGDr1YYPY LIMITS .LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1,000,000 A CLAIMS-MADE [XI OCCUR 52SBARV8462 /1/2014 /1/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 X POLICY PRa LOG $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea orrmenl ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccitlen0 $ AUTOS AUTOS HIRED AUTOS ptOjTpS EO (Per accident ROPERTY DAMAGE $ UMBRELLA DAB OCCUR EACH OCCURRENCE $ EXCESS LIAe CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS 1 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORJPARTNERIEXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICE"EMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYE $ If yes,tlescnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Attn: Chris Hills 220 Forth Ave S AUTHORIZED REPRESENTATIVE Kent, WA 98032 y F McAllister, Jr./JOH ACORD 25(2010105) ©1988.2010 ACORD CORPORATION. All rights reserved. INS025 nrcnnSi n1 Th.ArnPn Hama and Inan arc roni.}cmd mark.of Ar.npn McDonald Insurance Group, Inc. P.O Box 3089 Kirkland, WA 98033 RE: Certificate of Liability attached to this memo This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s) unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s).All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract.. Certificate of Liability form Evidence of Property Insurance form This certificate is the "latest"ACORD 25 (May, 2010) Certificate of Liability Insurance, or ACORD 27 (December, 2009)Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance . In order to issue certificates from our agency,these revisions Iisted above must be used. If you previously received an ACORD 25,27, 28 or 24 with an earlier revision date, there are notable changes between the forms. Please note the following significant characteristics of the new ACORD forms. d• The cancellation clause refers back to the policy terms. •S Cancellation notice from the insurance carrier is provided to the first named insured. That right is not available to certificate holders. • The ACORD form is copyrighted. Permission to alter it is not available. •3 As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates. Carriers do not authorize us to include special language or alter the form even without the copyright concerns. The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. i McDonald Insurance Group,Inc—Po Box 3089 Kirkland,WA 98083