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HomeMy WebLinkAboutPK15-361 - Original - Empirical - Kent Art DIY (Digital Art Website) - 11/09/2015 Records Managemen- • r7 1VT �., Document WA9 XIN GTON 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: Empirical Inc. Vendor Number: ID Edwards Number Contract Number: • This is assigned by City Clerk's Office i Project Name: Kent Arts DIY Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 8/21/15 Termination Date: 6/1/16 Contract Renewal Notice (Days): 7 Number of days required notice for termination or renewal or amendment Contract Manager: Ronda Billerbeck Department: Parks/Cultural Contract Amount: $59,000 Approval Authority: ❑ Department Director ® Mayor ❑ city council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 i i ST PROFESSIONAL SERVICES AGREEMENT between the City .of Kent and Empirical THIS AGREEMENT_ is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Empirical organized under the laws of the State of Oregon, located and doing business at East Bank Commerce Center, 1001 SE Water Ave. Suite 490, Portland, OR 97214, 503-232- 3230. (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Develop and implement a new website to host digital art works (Kent Arts DIY), including content management tools, membership/database capacity, with a focus on providing a user-friendly, widely accessible (various devices and browsers), intuitive site structure, and an attractive interface. Provide monthly cloud-based hosting and maintenance support for a period of five years (ending 12/31/21) to be renewed for another term as desired by City and Contractor. Contractor 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. H. 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, and Contractor shall complete the work by June 1, 2016. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed $59,000 for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services for time and materials toward deliverables as outlined in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- L 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 (Over$20,000) D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor 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 seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor 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. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. VIII. INSURANCE. The Contractor 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. L. IX. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor 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. X. 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 PROFESSIONAL SERVICES AGREEMENT- 2 (Over$20,000) 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. 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 Contractor. 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. 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. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. PROFESSIONAL SERVICES AGREEMENT - 3 (Over$20,000) IN WITNESS, the Parties below execute this Agreement, which shall become effective on the,last date entered below. CONTRACTOR: CITY OF KENT: By: By: irtG �� (signature) / (signature) Primer ��O � Pr' t N e: zette Cooke Its: e a €' & 4� � 61#4- I Mayor (title) . DATE: �P �IQ�) DATE: / f/i em NOTICES TO BE SENT TO: NOTICES TO RE SENT TO: CONTRACTOR: CITY OF KENT: Gregg Sloan, Chief Experience Officer Ronda Billerbeck, Cultural Programs Manager Empirical City of Kent East Bank Commerce Center 220 Fourth Avenue South 1001 SE Water Avenue, Suite 490 Kent, WA 98032 Portland, OR 97214 (253) 856-5055 (telephone) (253) 856-6050 (facsimile) 503-232-3230 (telephone) APPR VED A TO Flo Kent Law Department it i PROFESSIONAL SERVICES AGREEMENT - 4 (Over$20,000) 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. i Dated this i day of 20 IT. By: For: IKPIP-t — Title: M�96F-L ® 'cP,--- Date: EEO COMPLIANCE DOCUMENTS - 1 i 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 £ - SlNgwn3o(i 9ONVIldWOD ODD i �` ��� �➢ :aoj :Aq II pZ SV! 40 Aep d� s!yq p01e4 ;uawaaAV pauo!4uaw-aao3aq ay4 ;o lied sem 4eg4 A:)!!od A4!unaaoddp 4uawAo!dw3 lenb3 4ua){ jo A41D u014eae13aQ aq4 pue Z•T Ao!lod aA!IeaIs!u!wpy Iua>{ 40 A4!D aqj ui pau!!;no se suope6!!go pue s4uawaa!nbaa aqq 3o !!e y1!m Ai!n; pa!!dwoo I 4eyj aae!oap I •4ua>{ jo A4!o aqj pue 4uasaadaa I wa!j aq4 uaam4aq `(aaep) uo 04u! pa.aa}ua sem jeyj ,emu Vislo se umoul }uawaaa6y aya aol a01oe 4uoo awed ay4 sem Auedwoo pauopuaw-aao4aq aqj 4eq4 aae!oap pue 96pa!mouNoe Ag2aau! 'Auedwo:) 7jp� RA jo jua6e paquasaadaa A!np e `pau6!saapun agj 'I i •4uawaaa6b aqq papaeme cope luoD aq4 Aq IDafoad s!qa do N®ad.3,dWO:) -d313v Ono pa!!!d aq !let's waoj s!ql .LN3W3.,V1S 3:)NVI'IdW03 Al31Nn.Lm0dd0 1NRWA®ldWa wnib3 1N3N .® AIM ATTACHMENT INSURANCE T FOR CONSULTANT VICEAGREEMENTS Insurance j The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 1. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Professional Liability insurance shall be written with limits no less than$1,000,000 per claim and $1,000,000 policy aggregate limit. 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days 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 contractor 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 Contractor'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 AMI. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. subcontractors Contractor 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 Contractor. DATE 1MMIDDIYYYYI aC(ORV CERTIFICATE OF LIABILITY INSURANCE I08/21/2015 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 t 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 ,I certificate holder in lieu of such endorsement(s), CONTACT PRODUCER ! NAME: - �p PHONE 503-443-1780 1JAJC Nob 971-250-2566 Mika Lee(732257P) C N° E"—D' 10700 SW Beaverton Hillsdale Hwy Ste 200 ADDi 5aja[m ecagam&EI - INSURER(S)AFFORDING COVERAGE NAICfl j Beaverton OR 97005-3035 �_ INSURERA: Truck Insurance Exchange - __ . 21709 216 INSURED 1001 SE WATER AVE STE 490 INS' Lange !. 87 INSURERS: Farmers Insurance Exch _ _ EMPIRICAL INC � msuRER c, Mid Century insurance 21687 ; � IURCR D 97 INSURER PORTLANO OR 114 INSURERI COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 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. -—_-- ADDL R PO Y-SFF POLICY eXP ILTn 5 B TY NSURANCE PEOFI y POLICY NUMBE0. MMIODIYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 5__. 2,000,000 DA uETCRENTEU X OOMMERCIALGENERALUADILITY PREMISES Eancnunwc- $ 5D 0,06E CLAIMS MADE �OCCUR Y Y 6 4660294 08101f2015 08/0112016 PERSONAL&ADV INJURY $1 5,000_ MEN E%P(MY ane person) 5 6 2,000,000 B GENERAL AGGREGATE I 4,000,000 GENE AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $1 2,000,000 X POLICY PRO- LOC S' COMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY Ea accident 5,_.. BODILY INJURY(Per parson) ANYAUTO 5 B LHIREDAUTOS NED SCHEDULED 604660294 08/0112015 OBJ0112016 BODILY INJURY(Par nddent) S, AUTOS PROPERIYDAMAGE NON-OWNED Per ac ldnnt 5 ._ X 'AUTOS " 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 EXCESS BAD CLAIMS-MADE AGGREGATE _ $ DED RETRNTION$ 5 WORKERS COMPENSATION WC$TATU- - OETH- AND EMPLOYERs'LIABILITY YIN ANY PROPRIBTORIPARTNEWEXECUTIVE E.L.EACH ACCIDENT _ 5 OFFICERRE%CLUOEO] E.d.DISEASE-EA EMPLOYE 5' (MandatoryrI 1 In Nil) NIA --- If yes,drs dbe under DESCRIPTION OF OPERATIONS bclan 1 E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS(VEIUCLES (Alh<h ACpR0101,AdJitional Rema,ks 5cheduie,ll moro coats is reryelretl) - 1001 SE WATER AVE STE 490,PORTLAND,OR 972114 'II CERTIFICATE HOLDER CANCELLATION (SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY ROVISIONS. 220 FOURTH AVE SOUTH AUTHORIZED REPRESENTATIVE KENT WA 98032 "I ACORD 25(201 B105) ©19BB• 10 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD INSURED This section is for policy: 60466-02-94 Assembled-on Date: 08/22/15 Assembled-on Time: 05:14:49 Full Policy Number: 6046602940015 Transaction Number: 002 Operator Id: AR764 TRANSACTION: ENDORSEMENT I i CM057R03 03 ANNERI RANNERI i T>qq N Pm I C A n Z M n m ; (xbi O H Pa �d C, O p t5 `.1 In M O C! O O z r n HcnM M O 5' m Sa Sd zm • o o � W w r r w N 4 w o (D N N In O N iP 00 N In v v to ro 0 O m I ADDRCP-AGT 0805 AGTADDCP i 13950 Ramona Ave, Chino,CA.91710-5427 OiPA FARMERS INSURANCE PRODUCER#: 03 73 22 57P MIKA LEE 10700 SW HVTN HL #200 EEAVERTON OR 97005 AGTAOUXP i z � w � c D ZMD 0 m M (o O O w 7vwoH H H Pd ro d Q O p t+ H Ci L=J O n zo � � D9 x: z H ti C Z o Z R w V r trJ w Q ry] :o y N o 0 VINO V P V N kO h1 O H O V � O I O N Ln H V ADDRCP-INS 5-99 IN& DDCP 'I 10700 SW BVFN HL##200 BEAVERTON OR 97005 FARMERS INSURANCE EMPIRICAL INC i 1001 SE WATER AVE STE 490 PORTLAND OR 97214-2147 �i i THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. E4277 Policy Number: 60466-02-94 1st Edition POLICY(RANGES Effective Date of Change: 08/21/15 Expiration Date: 08/01/16 Change Endorsement No.: 002 Agent: 73-22-57P Named Insured: EMPIRICAL INC 1001 SE WATER AVE STE 490 PORTLAND OR 97214-2147 The following item(s): Insured's Name Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status I Business of Insured Payment Plan Premium Determination 1 X Additional Interested Parties Coverage Forms and Endorsements Limits/Exposures Deductibles Covered Property/Location Description Classification/Class Codes Rates Underlying Insurance is (are)changed to read{See Additional Page(s)}: The above amendments result in a change in the premium as follows: X No Changes To Be Adjusted At Audit Additional Premium Return Premium Authorized Representative Signature: FARMERS INSURANCE 9112771SFMl1OH 702 InAudaC"Igkad M41dnl,Insuronm Smices OfEo,Inc,01110s ponnnWo. E4277101 PAGE OF [4277101 1 Policy Changes Endorsement Desedpfion ADD ADDITIONAL INTEREST AND E3306(WAIVER OF RIGHTS) ADDITIONAL INSURED-BP04020187 MANAGERS OR LESSORS OF PREMISES CITY OF KENT 220 FOURTH AVE SOUTH KENT,WA 98032 LOCATION: 1001 SE WATER AVE STE 490 PORTLAND,OR 97214 Removal If Covered Property is removed to a new location that is described on this Policy Change, Permit you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not j apply at the previous location. 914271 1ST EGITIDN 702 Indofce(opynghled thletle,Inueno Swim Office,Inc,Wth Its pannLAm. E4277102 PAGE 2 OF 2 E4277{DI Attach to your policy with the same policy number shown on this endorsement. ENDORSEMENT Effective Date08/21/15 60466-02-94 Policy Number of the Company designated in the Declarations EASTBANK COMMERCE CENTER, LLC AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARE ADDED AS ADDITIONAL INSUREDS FOR PRIMARY AND NON CONTRIBUTORY COVERAGE USING THE FORM "ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION. " I This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. COUNTERSIGNED (Date) 91-0002(E 0002)1ST EDITION 3-88 PRINTED IN U.S.A. i n THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY E 3306 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY 9st Edition AGAINST OTHERS TO US 08/21/15 60466-02-94 Effective Date Policy Number This endorsement modifies insurance provided under the following: BDSINESSOWNERS COMMON POLICY CONDITIONS-BP 00 09 SCHEDULE Name of Person or Organization: CITY OF KENT (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowneis Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 913306 1ST EDITION 6-97 Includes Copyright Materiel Imren<e Services Office,Inc.,1992 E3306IN PAGE 1 OF 1 POLICY NUMBER: 60466-02-94 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Designation of Premises (Part Leased to You): Name of Person or Organization (Additional Insured): CITY OF KENT Additional Premium: INCLUDED A. The following is added to Paragraph C. WHO IS B. The following exclusions are added: AN INSURED in the Businessowners Liability This insurance does not apply to: Coverage Form: 4. The person or organization shown in the 1. Any "occurrence" that takes place after you cease t Schedule is also an insured, but only with be a tenant in the premises de- i respect to liability arising out of the owner- scribed n the Schedule. ship, maintenance or use of that part of the 2. Structural alterations, new construction or premises leased to you and shown in the demolition operations performed by or for the Schedule. person or organization designated in the Schedule. *Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. i BP 04 02 01 87 Copyright, Insurance Services Office, Inc., 1984,1985 ❑ REQUEST FAR MAYOR'S SIGNATURE 1 print oil Ch2 l v-cr"'jr-r Paii'r Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_i - Originator: Ronda Billerbeck Phone (Originator): 253-856-5655 Date Sent: i Date Required,,9 ,28 15 Return Signed Document to: Ronda Billerbeck Contract Termination Date: 6/1/16 VENDOR NAME: Date Finance Notified: Inc.Empirical (Only required on contracts p $M,000 and over or on any Grant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified:8/17/15 (Required on Non-Cit Standard Contracts/A re_ements) Has this Document been Specificall Account Number: Authorized in the Budget? �YESQNO 19026223 Brief Explanation of Document: Contract with Empirical Inc. to develop and implement a new website to host digital art works, including content management tools, membership/database capacity, with a focus on providing a user-friendly, widely accessible, intuitive site structure, and an attractive interface. Provide monthly cloud-based hosting and maintenance support for a period of five years, ending 12/31/21, to be renewed for another term as desired by City and contractor. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received i Recommendations and Comments: a Disposition. , Date Returned: I11 or^x�Don,mem mcessmgJiepues w'or yors SiW,t r,tloa