Loading...
HomeMy WebLinkAboutHR15-370 - Other - BMI Audit Services - Consultant Services Agreement - 1/1/16 "r d' x '� A a}klt� ® e er f .` KENT Document NE 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: BMI Audit Services Vendor Number: JD Edwards Number Contract Number: �" VE J. 7 ' 0 This is assigned by City Clerk's Office Project Name: Employee Dependent Health Care Audit Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Consultant Services Agreement Contract Effective Date: January 1, 2016 Termination Date: April 30, 2016 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Becky Fowler Department: Human Resources Contract Amount: $12,231 Approval Authority: X Department Director❑ Mayor ❑ City Council Detail: (i.e, address, location, parcel number, tax id, etc.): As of: 08/27/14 l6ENT warwo o CONSULTANT SERVICES AGREEMENT between the City of Kent and SMI Audit Services, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BMI Audit Services, LLC organized under the laws of the State of Indiana, located and doing business at 202 S. Michigan Street, Suite 200, South Bend, IN 46601 (800) $26-7041 (hereinafter the "Consultant"). 1. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Conduct an employee dependent audit for the 'City's self-insured health care programs and prepare a final report in accordance with the Consultant's Scope of Work, dated January 1, 2016, which is attached as Exhibit A. i I 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. I1. 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 Exhibit A by April 30, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $12,231 based on a count of 453 employees with one or more dependents, 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 A. Note: Fees of $12,231 are based upon the count of 453 employees with one or more dependents. If this count varies more than +/- 2%, Auditor reserves the right to increase or decrease fees at the rate of $27.00 per each added/deducted employee covering one or more dependents. . 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. CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) j IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed, C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. 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. CONSULTANT SERVICES AGREEMENT- 2 ($20,000 or Less) 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 attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement; X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant, Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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 apart of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations'covered 'by this Agreement or accruing out of the performance of those operations I. Public Records Act. The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. ]. City Business License-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. CONSULTANT SERVICES AGREEMENT -4 ($20,000 or Less) K. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: ' '' a , by (signature) (signature) Print Name: 6" 16a Print Name: Chris Hills Its:(} O & r r Its: Acting HR Director (Cr DATE: 11/l7;cr DATE: 11 611 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO; CONSULTANT: CITY OF KENT: Rob Temples Becky Fowler, Benefits Manager BMI Audit Services, LLC City of Kent 202 S. Michigan Street, Suite 200 220 Fourth Avenue South South Bend, IN 46601 Kent, WA 98032 (800) 826-7041 (telephone) (253) 856-5290 (telephone) (574) 234-7848 facsimile 253 856-6270 facsimile Im this field,V.0 may enter the eleRronic hlepath where the c.d.d has been saved] CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION �I CITY OF KENT EQUAL EMPLOYMENTOPPORTUNITY 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: C For: LLC. Title: � mr , Date: lk/i/A:' i; Exhlbit A - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for theCity 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. I 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. Exhibit A - 1 CITY OF KENT EXHIBIT A The Consultant shall perform the following detailed services for the City in accordance with the following described plans and/or specifications. Necessary Materials s Client will provide Auditor with one electronic file of data for plan members to be included in the audit (such as names, addresses, unique employee identification numbers, relationship codes, locations, dates of birth, and coverage election) per the enrollment file layout provided by the Auditor. Auditor will accept the file either from Client and/or administrator(s) responsible for administering the medical,dental, vision and/or prescription drug plans. • Client will ,provide Auditor with all current published plan documentation Including Summary Plan Description(s) (SPD(s), plan amendments, and any other correspondence or directives prepared for the purpose of interpreting and/or clarifying plan eligibility. Auditor will review all dependent eligibility criteria established in Client's benefits documents. Planning Phase • Auditor will provide Client with an Audit Process Guide outlining any materials required for the audit. Following receipt and prior to commencing any audit functions, Auditor will hold a "kick-off call" with all pertinent Client personnel. The objectives of the call will be to realize the Toles of each party Involved, determine the proper communication channels, review steps of the audit, create a tentative timeline, and obtain a full and complete mutual understanding of Client's benefit plans, dependent eligibility criteria and Auditor's audit process. Following the kick-off call and prior to any mailings Auditor will conduct an Internal orientation session between Auditor's Project Manager and all Auditor staff assigned to Client's audit. The orientation will review Client's industry and geographic makeup, eligibility criteria, the timeline as well as any additional Client concerns. Initial Mailing (Phase 1) • Auditor will produce a Verification Mailing, consisting of an "Audit Letter" and "Dependent Verification Form", to be approved by Client that will be mailed to all employees who have enrolled at least one dependent. The audit mailing will advise employees included in the audit of eligibility requirements for the plan(s), advise of an audit close date, ask questions pertaining to the plan(s) requirements, and request documentation specific to each dependent. The mailing will also include "Helpful Reminders and Eligibility Information" to assist the employee in understanding documentation requirements, and in obtaining replacement documents if needed. The mailing will also contain a postage-paid and addressed return envelope. The employee will be asked to fax, mail or upload the required information to Auditor via a secure fax line, P.O. Box or web portal. If Auditor receives all the requested documentation, a confirming "Thank You Postcard" will be sent to the employee, advising that all information required to complete the audit has been received. If Auditor does not receive all requested i documentation, Auditor will send hard copy follow-up requests referred to as an Exhibit A Page 1 of 4 "Incomplete Letter", Indicating the member-specific missing or Incomplete documentation and deadline for submission. Second Mailing (Phase 2) • Approximately 10 business days after the end of Phase 1, Auditor will produce an "Extension/Reminder Letter", to be approved by Client, and to be mailed to all employees in the audit who have not responded or have at least one dependent who is incomplete. The mailing will include a copy of a "Dependent Verification Form" and/or a member specific "Incomplete Letter" requesting all documentation specific to each dependent that is necessary for Auditor to complete its verification review. The employee will be asked to fax, mail or 'upload the required information to Auditor via a secure fax line, P.O. Box or web portal. If Auditor receives all the requested documentation, a confirming "Thank You Postcard" will be sent to the employee, advising that all information required to complete the audit has been received. If Auditor does not receive all requested documentation, Auditor will send hard copy follow-up requests referred to as an "Incomplete Letter", indicating the member-specific missing or incomplete documentation and deadline for submission. Third Mailing (Phase 3) • Approximately 10 business days after the end of Phase 2, Auditor will produce a "Notice of Dependent Coverage Termination Letter", to be approved by Client, and to be mailed to all employees in the audit who have not responded or have at least one dependent whose eligibility verification is incomplete. Client may also elect Auditor to place automated outbound phone calls in conjunction with the mailing. Each letter and phone call will advise the employee that the deadline has passed and that unless they take Immediate action by a specified extension date, benefits for their dependents will be dropped on a stated date/time. The mailing will include a copy of a "Dependent Verification Form" and/or a member specific "Incomplete Letter" requesting all documentation specific to each dependent that is necessary for Auditor to complete its verification review.. The mailing and optional phone call will instruct the employee to fax, mail or upload the required information to Auditor via a secure fax line, P.O. Box or web portal. Auditor will continue to post all responses through the end of this drop benefit period. Appeals Option • Client will have the option to elect a four week appeals/reinstatement period following the close of audit after notifying employees that benefits will be terminated for one or more of their dependents. During the appeals/reinstatement period, Auditor will handle any related calls or correspondence from an employee concerning their dependent(s). • At the end of the appeals/reinstatement period, Auditor will report to Client any changes in a dependent's audit disposition and eligibility as a result. Call Center Operations All mailings and all follow-up correspondence will refer to Auditor's Call Center for additional support and guidance. Features of Auditor's in-house Call Center include: o A toll-free telephone line will be staffed during extended business hours (Mondays - Thursdays 8:00 AM to 8:00 PM Eastern Time; Fridays 8:00 AM to 5:00 PM Eastern Time) and supported with 24/7 voice messaging, o Spanish speaking representatives and availability of a live translation service providing translation in 170 languages. Exhibit A Page 2 of 4 o Tracking of all in-bound and out-bound messaging and return any missed calls within 1 business day. All identified calls will be logged by date, time, and Call-Center team initials. Calls can be recorded if needed and clients can patch into any calls upon request. Secure Web Portals All mailings and all follow-up correspondence will refer to Auditor's secure employee web portal with built-in Spanish translation for additional support and guidance. The employee portal is 100% secure and confidential that will allow employees to: o Upload their dependent eligibility verification documents directly to the Auditor dependent eligibility processing center. o Download forms and letters o Determine the overall status of their audit in real time. o View detailed explanations and guidance on how to complete the audit if their status is"Incomplete" or "No Response". o Receive returned mail instruction and confirm dates documents were sent or received. o Access'FAQs with answers. o Review privacy and security policies. o Resources for those who may be losing coverage as a result of the audit. + Only authorized Auditor personnel will have access to the documents once they have been uploaded. Before an employee can gain access to the portal, they must authenticate by using their audit ID and employee date-of-birth. + Auditor will provide key contacts at Client a secure employer web portal that will contain an area for its sole access and use for management of its audit. Specified users, with permission levels set by Client, can log in to view and download up-to-date summaries and detailed information about the status of the audit, the project timeline, samples of audit communications, and documentation of the verification process. In addition, Client can upload revisions to audit communication documents where applicable. Verification & Document Processing + All incoming secure faxes, secure web portal uploads, mail and emails will be captured in Auditor's document management system. In addition, documents received that contain Auditor's unique family barcode will automatically be assigned to the corresponding family record in AUDIT iQTM while also providing real-time document receipt status on our secure web portal. Auditor handles all mail returns and address updates. All changes and updates logged throughout the audit and are reported to Client on a periodic basis. + Documentation submitted by employees will be reviewed by our team to determine completeness of the submission. We will not assume any responsibility or liability associated with the receipt of falsified or altered documents. Documentation supplied by employees will be presumed to be authentic. If a question as to an item's validity is raised by one of our staff members, it will be forwarded to Client for a determination. + Processing of documentation received will cease following the release of the Final Summary Update or at the end of an appeals/reinstatement period. + Auditor will securely destroy all collected hard copy documentation 30 days from the close of audit date. However, Client may request an alternate disposition for their collected hard copy documentation up to 30 days prior to its scheduled destruction. All necessary postage required to <mail the collected hard copy documentation will be the responsibility of Client. Exhibit A Page 3 of 4 o Documentation stored electronically in Auditor's systems shall be kept for a period not to exceed six (6) months from the close of audit date. After six (6) months, electronic data will be securely purged from our systems. However, if notified prior to this, Client may choose to have Auditor securely purge their electronic documents sooner. • At the close of the audit, Client may elect to have Auditor provide them with an electronic copy of all documents received during the course of the audit. Reporting • Beginning each week after the Initial Mailing is mailed Auditor will provide a "Weekly Summary Update" containing a status summary as well as details of audit participants who are listed as no response, incomplete, ineligibles suspended as well as mail returns or address updates. At any point throughout the process, an up-to-date summary of findings can be generated with real-time results. r After the Third Mailing (Phase 3) is completed, a "Final Summary Update" will be provided. An "Executive Report" containing narratives, tables and graphs to Client will also be provided following the summary or after the end of the appeals/reinstatement period if elected. • Auditor will also provide teleconference support to discuss the results in order to ensure Client receives optimal benefit from our services. Client will make the final determination of any action to be taken as a result of the audit findings. Exhibit A Page 4 of 4 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability 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. 2. Professional Liability (Errors & Omissions) 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $4,000,000 products-completed operations aggregate limit. 2. Professional Liability (Errors & Omissions) Insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. 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 A:VII. 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. DATEM aCo CERTIFICATE OF LIABILITY INSURANCE 111912015MrD 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: R the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. It SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement an this certificate does not corder rights to the certilleata holder in lieu of such endmorm nt(s). PRODUCER CON T NAME: ROCKSTROH INSURANCE AGENCY INC PANE 574 233.5138 A c No{574)232-2991 333 N Lafayette Blvd AD s'.r0ckagcy2&utIook.conn South Bend,IN 46601.1208 INSURER(S)AFFORDING COVERAGE ryNCO INSURER A: Hastings Mutual Insurance INSURED BMI AUDIT SERVICES LLC INSURER B:Auto-Owners Insurance Company Randy Light INSURER C: 202 S Michigan St INSURER D. .Ste 200 INSURER E. South Bend IN 46601 1 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. lLm TYPE OF INSURANCE INS MAIO eR POLICY NUMBER WOOIYYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2 000 000 'CLAIMS-MADE F)d OCCUR PREMISES o occurrence s 100 000 MED EXP(Any one Person) $ 10000 A x B093451Z0 02.03.2015 02.03-2016 PERSONAL aADVINJURY s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000 X POLICY C JEPI T D LOD PRODUCTS-COMPIOPAGG $4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGa-CNFT a accident) s 2,000,000 ANYAUTO BODILY INJURY(Per parson) $ ALL OWNED SCHEDULED BD 9345120 02.03.2015 02-03.2016 BODILY INJURY(Per $ A AUTOS AUTOS X '. NONOWNED $ X HIRED AUTOS x AUTOS Per see UMBRELLA LIAS OCCUR EACH OCCURRENCE $5,000,000 A EXCESS LABX' CLAIMS-MADE 0640.2015 06-10.2018 ULG 9458843 AGGREGATE $5,000,000 DEO RETENTIONb 1 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ER rl ANY FROPRIETORIPARn1ER1F%ECUnVE YIN NIA WC 9345121 02-03-2015 02.03.2016 E.L.EACH ACCIDENT $1,000,000 A OFFICERIMEMSER EXCLUDED'! NIA (Mendemry In NN) E.L.DISEASE-EA EMPLOYE $1,000,000 ff describe under 1,000000 DESCRIPTION OF OPERATIONS Wow E.L,DISEASE-POLICY LIMIT $ S Commercial Crime 09358870-14 03-23-2015 03-23.2016 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 10i,Montreal Remarks Schodula,logy be aaached If more Spaea IS required) The City of Kent is named as additional Insured under the Commercial General Liability Insurance policy,with respect to walk preformed by the Insured for the City of Kent (Blanket Additional Insured Endorsement SP0448).Further,the Insurance is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTH, OR ED REPRESEMATN r 01988-2014 ACORD CORPORATION. All rights reserved. ACORD25(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Or Additional Insured Person(s)Or Organization(s); The :City of Kent Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured In Section li-LiabtlRy; 3. Any person(s) or organization(s) shown in the Schedule is also an insured, but only with respect to liability for"bodily injury", "property damage", or"personal and advertising injury"caused, in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf in performance of your ongoing operations or in connection with your premises owned by or rented to you. BP 04 48 0106 Q ISO Properties, Inc.,2004 Page 1 of 1