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HomeMy WebLinkAboutEC15-120 - Original - Genesis Marketing - Tourism Website Maintenance - 03/24/2015 i 40 Records M _ ,. reMe l KENT (, WASH INOTON r:i "` Document 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: Genesis Marketing Vendor Number: 742968 JD Edwards Number Contract Number: ELK- 0-0 This is assigned by City Clerk's Office Project Name: Tourism Website Maintenance Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Consultant Service Agreement Contract Effective Date: 3/17/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ben Wolters Department: ECD Contract Amount: $30,000 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 ® T w..s"i"c.o" CONSULTANT SERVICES AGREEMENT between the City Of Kent and Genesis Marketing THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Genesis Marketing organized under the laws of the State of Washington , located and doing business at 2703 N. Pittsburg, Spokane WA 99207 (509) 777- 1120 (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: Scope of work will include; • Website Building & Maintenance Proposal A monthly recap on Google Analytics will be provided to show metrics of a month to month comparison • Online Marketing Proposal A monthly recap of activity will be done showing data from the social media campaigns • Online Marketing Sample Campaign Each campaign will be monitored daily and altered based on performance ® Social Media Management Posting, monitoring, blogs, increase likes and followers with reports back to City • Future Website Writing Text changes to the 6 pages, 1 additional story per experience, 8 blogs per month. All proposals are detailed out in the incorporated attachment, Exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2015. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $30,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE j 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 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, CONSULTANT SERVICES AGREEMENT - 3 (Over$1 0,000) 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. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Cpmpliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. J. Counterpart$. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: I/ By; I��VDD By: CtC (Ygnature) % / (signature) Print Name:_1��1Cs�p+P d Print Na 'emote Cooke Its— kk9_ Its Ma or _ f DATE:-_� (title)L61'Gi DATE;— f ------------------- NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mary Kae Repp Ben Wolters, Economic & Community Genesis Marketing Development Director 2703 N. Pittsburg Street City of Kent Spokane, WA 99207 220 Fourth Avenue South Kent, WA 98032 (509) 777-1120 (telephone) (facsimile) (253) 856-5703 (telephone) (253) 856-6454 (facsimile) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) APPROVED AS TQ FORM Kent Law Department pn this field,you may enter the ele,V.nw filepath the ronhact has been saved] I l CONSULTANT SERVICES AGREEMENT - 6 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions 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. 1 During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By. l r --- — For: Title: I Date:— EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY 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. EEO COMPLIANCE DOCUMENTS - 2 i 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 GENESIS MARKETING � full-service advertising agency Websi to Building & Maintenance Proposal Why is it important to maintain your website? • To keep visitkent.com relevant and up to date • To establish credibility with search engines through proper use of their algorithms, which will improve search engine track ability and ranking. Now do we plan on doing this? • We will research new algorithms used by Google and Bing and edit the site accordingly to improve crawling and search priority- 2 hours • Monthly organic search engine optimization- 3 hours • Receive relevant info about upcoming events from the board members and add to the website- 2 % hours • Make text and photo changes provided by the writer and photographer- 2 % hours o Note- this is contingent upon approval of future writer proposals What do we expect to accomplish? • Make the website relevant & interesting to visitors giving them the intent to travel to Kent • Optimize the site for the most efficient crawling on the web within Google Logistics: Each month a recap of activity on Google Analytics will be provided to show metrics of a month to month comparison. o e • e ® BB o • Hourly rate of$50 to be rounded at 15 the minute time period 10 hours a month maximum • Maximum budget of$500 monthly • Time period: March 2015 through December 2015 �, 509.777,1120 10 509,777.1125 genessmarketing4iz GENESIS ENES {{ J MARKETING it I full-service advertising agency Online Marketing Proposal * See separate one sheets for more data and a sample campaign Why is it important to market VisitKent.com online? • Increase intent to travel • Increase traffic to website • Raise awareness of local Kent activities & attractions • Create interest in the website • Create new followers for social media Now do we plan on doing this? • Target the following: o Lower parts of Canada o Central Washington o Spokane and North Idaho o Portland o Seattle &Tacoma metro area • Put together campaigns with the following advertising platforms: o Facebook o Google AdWords o Bing o YouTube text ads o Retargeting What do we expect to accomplish? • Increased tourism dollars spent in Kent Logistics: A monthly recap of activity will be done showing data from the social media campaigns • e e e ' e e • • $1,500 per month to be spent on the online advertising i • $225 per month for genesis management fee "Note—Social media advertising requires a credit card to be locked into accounts in order to advertise. Because of this, we will either need payment in advance OR a tourism credit card. iF tourism credit card provided, monagement fee will be invoiced. 4 509.777.1120 g5509,777,1125 S genesismar4etlng.biz GENESIS M AR r I N it full-service advertising agency Online Marketing Sample Campaign- April Facebook: $425.00 • Clicks: 850- 1100 • Impressions: 382,500-425,000 • Reach: 63,000—85,000 • Targeting: o Business, sports and events travelers o Adults 25-55 o Geo-Targeting • We will have 5 different campaigns with relevant ads based on area. • Campaigns will be separated as follows: • Portland metro • Idaho • Central Washington • Eastern Washington • Seattle-Tacoma metro Bing: $325.00 • Clicks: 215-300 • Impressions: 8,750— 13,000 o People searching for Keywords related to Kent & activities that people would visit the Seattle area for o Geo-Targeting • We will have 5 different campaigns with relevant ads based on area. • Campaigns will be separated as follows: • Portland metro • Idaho • Central Washington • Eastern Washington • Seattle-Tacoma metro Google AdWords:$350.00 I • Clicks: 600-800 • Impressions: 25,000- 35,000 • Targeting: o People searching for Keywords related to Kent & activities that people would visit the Seattle area for business o Geo-Targeting 509.777.1120 50.9.777.1125 g ; genesismarkeling.blz I GENESIS MARKETING i full-service advertising agency o Geo-Targeting • We will have 5 different campaigns with relevant ads based on area. • Campaigns will be separated as follows: • Portland metro • Idaho • Central Washington • Eastern Washington • Seattle-Tacoma metro YouTube: $300.00 • Clicks: 350—600 • Impressions: 216,000—255,000 • Targeting: o Business, sports and event travelers o Targeting people who are actively viewing YouTube o Geo-Targeting • We will have 5 different campaigns with relevant ads based on area. • Campaigns will be separated as follows: • Portland metro • Idaho • Central Washington • Eastern Washington • Seattle-Tacoma metro Retargeting: $100.00 • Clicks: 250—350 • Impressions: 108,000— 130,500 • Targeting: o People who have previously visited visitkent.com Each campaign will be monitored daily(M-F between 8am-5pm) and altered based on performance. Also included will be a weekly performance report sent to Michelle, Ben, & Ryan. Total Campaign Cost: $1,500 Total Management Fee Cost: $225 Total Cost: $1,725 509.777.1120 Ca 609.777.1125 genesismarke#ing.biz i GENESIS MARKETING l full-service advertising agency Social Media Management Proposal Why is it important to manage social media? • To keep the brand/website in the mind of consumers • Increase awareness of the brand/website • Keep website and pages in a positive light How do we plan on doing this? • 2 posts weekly to the following social media sites: o Facebook o Twitter o Instagram o Google + Posts to include photo (where applicable), text, and link back to visitkent.com (when possible) • Monitoring & responding to comments and hiding negative comments when necessary • Additionally, we will share posts from local business and event pages • Tailored to match blog posts when applicable What do we expect to accomplish? • Increase social media likes &followers • Increase the amount of people that are aware of the website/brand Logistics: MOURME a • Proposal Duration-March 2015- December 2015 '�� 509.777.1120 a 509,777,1125 a 9emesismarke0ng.biz ( yP�° FuturetI n for Visit Kent . com Writer Hiring Freelance Writer/ Editor: Dana Neuts IVirtuallyYourz Phone: 360-920-1737 Email: dana(@virtuallyyourz.com Why do we need to hire Dana? • To keep the text current • To help with SEO How does she plan to do this? • Quarterly Responsibilities: o Text changes to the 6 main pages (Discover, Plan, Explore, Stay, Events & Cu Itu re) o Minimal text updates on inner pages as needed o One additional story per experience icon • Monthly Responsibilities: o 8 blog posts per month to include research, copywriting and posting to VisitKent.com Blog m ® • 6 III Dana's monthly writing fee: $450 Genesis monthly guidance and management fee: $76.50 No long-term contract required, can be cancelled at any time with written notice. Dana requires payment within 15 days of each month. If this contract is approved we will invoice immediately. 4-1 III %elkot BrInqiIng the W A S H t N G T O N i i 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 1185 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 A:VII. 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. !�1 GENES70 OP ID: EG II. CERTIFICATE OF LIABILITY INSURANCE DAT 03109116 03l09f75 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ', CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED '.. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Liberty Mutual Insurance PHONE FAX PO Box 188065 C No E#: PJC No Fairfield,OH 46018 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:1 st Nati.INS Co of America 24724 INSURED Genesis Marketing INSURERIS: 2703 N Pittsburg St Spokane,WA 99207 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXP IUm TYPE OF INSURANCE NFM VD DO POLICY NUMBER MMIDOY MMIODY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X 25CC25654870 01/01/15 01/01116 PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE I I OCCUR MEO FXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEN'LAGGR LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,00 X POLICY EGATE PEa LOC $ AUTOMOBILE LIABILITY ICED aBINEDi SINGLE LIMIT S 1,000,00 A ANYAUTO 25CC25654870 01101115 01/01/16 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS X HIREDAUTOS N NON-OWNED Pe�aaciRden DAMAGE $ AUTOS UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS I$ WORKERS COMPENSATION O YLSATTH IMITS OER AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YfNN NIA 25CC25654870 01/01/15 01/01116 E.L.EACH ACCIDENT $ 1,000,00 OFFICERM In N (Mandatory In NH))EXCLUDED? STOPGAP E.L.DISEASE-EA EMPLOYEE S 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 -7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES lAffach ACORD 101,Additional Remarks Schedule,if more space is mqulmd) **See Page 2** I CERTIFICATE HOLDER CANCELLATION CITKENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITKENT GENES10 PAGE 2 INSURED'S NAME Genesis Marketing OP ID: EG DATE 03109/15 The Cjty of KeCnt Is listed as an Agditio I Insured with Primary and Non- Contributory overage per form G76 �. 30 Da s'Notice of Cancellation. 10 Days' Notice of Cancellation for Non-Payment of Premium. it i COMMERCIAL GENERAL LIABILITY CG 76 36 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF KENT 400 West Gowe Kent, WA 9803r1 ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any •occurrence" which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in,the Schad- you, ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (g) Your ongoing operations for that in- cuted prior to the •bodily injury , property sured, whether the work is performed damage , or personal and advertising by you or for you; injury . (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any •occurrence 1 which takes place after the equipment lease expires; W 76 36 01 09 Page 1 of 4 EP I (b) This insurance does.not apply to « This exclusion applies even if the claims bodily injury or property dam- against any insured allege negligence or age arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the occurrence which „ (4) Permits issued by any state or political caused the «bodily injury or « property vision with respect to operations damage involved the ownership, mainte- subdi subdivision nance, use or entrustment to others of any performed by you or on your behalf, subject to the following additional pro- aircraft, "auto or watercraft that is owned vision: or operated by or rented or loaned to any in- sured. This insurance does not apply to bodily This exclusion does not apply to: injury property damage', or personal and advertising injury' arising (1) A watercraft while ashore on premises out of operations performed for the state you own or rent; or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured by this endorsement does not apply to (b) Not being used to carry persons or 'bodily injury", "property damage", or «per- property for a charge; sonal and advertising injury" arising out of (3) Parking an 'auto" on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability"assumed under any "insured prepare or approve maps, drawings, contract for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and " „ (5) "Bodily injury or property damage (2) Supervisory, inspection or engineering arising out of the operation of any of the services, machinery or equipment listed in Para- graph f.(2) or f.(3) of the definition of d. This insurance does not apply to bodily „ mobile equipment".injury" or property damage included within the products-completed operations haz- (6) An aircraft you do not own provided it is and ,. not operated by any insured. A person's or organization's status as an insured un- TENANTS 'PROPERTY DAMAGE LIABILITY der this endorsement ends when your operations for that insured are completed. When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage No coverage will be provided if, in the absence of this A, Section I is replaced by the following: endorsement, no liability would be imposed by law on j, Damage To Property you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- "Property damage to: ples of comparative fault. (1) Property you own, rent, or occupy, including NON-OWNED WATERCRAFT AND NON-OWNED any costs expenses incurred by you, or any other pea rson, organization or entity, for AIRCRAFT LIABILITY repair, replacement, enhancement, restora- tion or maintenance of such property for any Exclusion g. of COVERAGE A (Section 1) is replaced reason, including prevention of injury to a by the following: person or damage to another's property; j g. "Bodily injury11 or «property damage" arising (2) Premises you sell, give away or abandon, if out of the ownership, maintenance, use or the property damage arises out of any part entrustment to others of any aircraft, "auto" of those premises; or watercraft owned or operated by or rented (3) Property loaned to you; or loaned to any insured. Use includes oper- ation and "loading or unloading". i Page 2 of 4 (4) Personal property in the care, custody or SUPPLEMENTARY PAYMENTS — COVERAGES A control of the insured; AND B — BAIL BONDS — TIME OFF FROM (5) That particular part of real property on which WORK you or any contractors or subcontractors paragraph 1.b. of SUPPLEMENTARY PAYMENT working directly or indirectly on your behalf COVERAGES A AND B is replaced by the following: are performing operations, if the "property damage"arises out of those operations, or b. Up to $3.000 for cost of bail bonds required because of accidents or traffic law violations (6) That particular part of any property that must arising out of the use of any vehicle to which be restored, repaired or replaced because the Bodily Injury Liability Coverage applies. your work"was incorrectly performed on it. We do not have to furnish these bonds. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than Paragraph 1.d. of SUPPLEMENTARY PAYMENTS damage by fire) to premises, including the con- COVERAGES A AND B is replaced by the following: tents of such premises, rented to you.A separate d. All reasonable expenses incurred by the in- limit of insurance applies to Damage To Prem- sured at our request to assist us in the in- ises Rented To You as described in Section III vestigation or defense of the claim or "suit", — Limits Of Insurance. including actual loss of earnings up to $500 Paragraph (2) of this exclusion does not apply if a day because of time off from work. the premises are your work and were never occupied, rented or held for rental by you. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- Provision 2.a.(1)(d) of WHO IS AN INSURED (Section track agreement. II) is deleted, unless excluded by separate endorse- Paragraph (6) of this exclusion does not apply to ment. property damage included in the products-, 11 EXTENDED COVERAGE FOR NEWLY ACQUIRED completed operations hazard . ORGANIZATIONS Paragraph 6. of LIMITS OF INSURANCE(Section III) is replaced by the following: Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: 6. Subject to 5. above, the Damage To Premises a. Coverage under this provision is afforded Rented To You Limit is the most we will pay un- only until the end of the policy period. der Coverage A for damages because of Oroperty damage" to any one premises, while EXTENDED `PROPERTY DAMAGE" rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by Exclusion a. of COVERAGEA (Section 1) is replaced you with permission of the owner. by the following: The Damage To Premises Rented To You limit is the a. "Bodily injury or "property damage expected higher of the Each Occurrence Limit shown in the or intended from the standpoint of the insured. Declarations or the amount shown in the Declarations This exclusion does not apply to "bodily injury' as Damage To Premises Rented To You Limit. or "property damage11 resulting from the use of WHO IS AN INSURED _ MANAGERS reasonable force to protect persons or property. The following is added to Paragraph 2.a. of WHO IS EXTENDED DEFINITION OF BODILY INJURY AN INSURED (Section II): Paragraph 3. of DEFINITIONS (Section V) is replaced Paragraph (1) does not apply to executive officers, or by the following: to managers at the supervisory level or above. 3. -Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. I GG 76 35 01 09 Page 3 of 4 EP TRANSFER OF RIGHTS OF RECOVERY KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 8. Transfer Of The following is added to Paragraph 2. Duties In The Rights Of Recovery Against Others To Us of COM- Event Of Occurrence, Offense, Claim Or Suit of MERCIAL GENERAL LIABILITY CONDITIONS (Sec- COMMERCIAL GENERAL LIABILITY CONDITIONS tion IV): (Section IV): We waive any rights of recovery we may have against Knowledge of an occurrence claim or suit by any person or organization because of payments we your agent, servant or employee shall not in itself make for injurX or damage arising out of your ongoing constitute knowledge of the named insured unless an operations or your work done under a contract with officer of the named insured has received such notice that person or organization and included in the from the agent, servant or employee. "products-completed operations hazard . This waiver applies only to a person or organization for whom you UNINTENTIONAL FAILURE TO DISCLOSE ALL are required by written contract, agreement or permit HAZARDS to waive these rights of recovery. The following is added to Paragraph 6. Representa- AGGREGATE LIMITS OF INSURANCE — PER tions of COMMERCIAL GENERAL LIABILITY CONDI- LOCATION TIONS (Section IV): For all sums which the insured becomes legally obli- If you unintentionally fail to disclose any hazards ex- gated to pay as damages caused by "occurrences" isting at the inception date of your policy, we will not under COVERAGE A (Section 1), and for all medical deny coverage under this Coverage Form because of expenses caused by accidents under COVERAGE C such failure. However, this provision does not affect (Section 1), which can be attributed only to operations our right to collect additional premium or exercise our at a single "location": right of cancellation or non-renewal. Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- LIBERALIZATION CLAUSE tion III) apply separately to each of your locations" owned by or rented to you. The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS(Section IV): "Location" means premises involving the same or 10. If a revision to this Coverage Part, which would connecting lots, or premises whose connection is provide more coverage with no additional pre- interrupted only by a street, roadway, waterway, or mium, becomes effective during the policy period right-of-way of a railroad. in the state shown in the Declarations, your pol- INCREASED MEDICAL EXPENSE LIMIT icy will automatically provide this additional cov- erage on the effective date of the revision. The Medical Expense Limit is amended to $10.000. Page 4 of 4 REPRINTEDFROM THE ARCHIVE, THE ORIGINALTRANSACTION MAY I NCLUDE ADDITIONAL FORMS "•' LibertyMutual. CG 76 60 10 02 INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Kent (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princl- organization shown in the Schedule subject to the pies of comparative fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or Ilmlts of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily Injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". erations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided If, in the absence of this and the coverage provided by this endorse- endorsement, no Ilabilitywould be imposed by law on ment. CG 76 80 10 02 EP AFP-META2-25-PRINT001-1488-0065-D POLICY NUMBER; COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 DAYS (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. I i i N193206 03/09/2015 25CC25654870 26-11-0236 CG 02 24 10 93 Copyright Insurance Services Office, Inc., 1992 REQUEST FOR MAYOR®S SIGNATURE Please Fill in All Applicable Boxes Ori inator.� tom ` f, _rkr `� Phone (originator); Date Sent: ' : , i' Date of Council Approval: i Return �� a Date of Approval from Finance: , Signed Document to ,� ( �r (Only required on contracts $10,000 &over or on any Grant 4 rx,r 4. ` f-r 111 G_ Agreements) Date Required: Date of Approvai from Risk Manager: 9 Vendor. Name: Budgeted: YES NO Q wa:� 6o-Fr I p t Budget Fund: � . •,�,r,r_. ,._�- ( �;�%: I Brief Explanation of Document: _ p ,f 7 Y'� G;f `1 All Contracts Must Be Routed Through The Lai#Department (This area to be completed by,the Law Department) Received: Law Department Approved as to Form: A Law Dept. Comments: r, _ ¢f VIF � b �N Date Forwarded to Mayor: , Shaded Areas To Be Completed By Administration St0f, tiro- , Received: Recommendations and Comments: '(] Date Returned: p CWifFomabaum'nlPx[aNy'P.nN SYe[I faMary+a S'.6alu'eJrcx