Loading...
HomeMy WebLinkAboutEC16-138 - Original - Kent Chamber of Commerce - Contract - 01/01/16 P ecords Man,"�ige-m-on .,, NI, KENT `° it- WASM IN T FA �°. �. .� ,�, �� �� F. , ocument CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Glarus Office. All portions are to be completed. Xf you have questions, pleas: contact City Cal u°lc°s Office.. Vendor Humber-. JD Edwards Number Contract Number." EC I - 1 NO This is assigned by City Clerk's Office ProjectName: GI Io Description". ❑ ynterlocal ,agreement El Change Order ❑ ,amendment C] Contract Other: (QY)5V ftCAV) 5 (5 . YY)t, Contract Effective Date.. I 1 i' 1 2D M(i `lea s'Thin tion Date., 12193 i. 201 Contract: Renemyal Notice (Days). Number of days regUired notice for termination or renewal or amendment Contract Manager:er: a U) 1 I'C ffl Department. C D Contract Amounts Ca-o Approval Authority: Department Director []Mayor OCity Council Detail: (i.e. address, location, parcel nnrnb r, taac id, t o); adccwzo87a_s_1 KENT WAS NINO70N CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Chamber of Commerce i THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Chamber of Commerce organized under the laws of the State of Washington, located and doing business at 524 W. Meeker St., #1, Kent, WA 98032, (253) 854-1770 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. f Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described and incorportated as exhibit A. Not to exceed $18,500 and December 31, 2016 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, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $18,500.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed 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 quarterly 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-lave (45) days of receipt of an invoice. If the City objects to I 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) i i 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 pertalning 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUST I}IAAL. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) 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. f 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 flies created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of Its employees, agents, and 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. i 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) f I 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 I 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 A ee ent. 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. Coml2liance 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, emalls, 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. J. City Business License Re uired. 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. /I I CONSULTANT SERVICES AGREEMENT-4 ($20,000 or Less) K. Counter is and Signatures by Fax or all. This Agreement may be executed in any i 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: B By: �i+-. ID (slgnatu L _. "tt n2at - (signature) Print Name: -:4" Print Name: Ben Wolters Its: C� Economic &Community Development Department DATE: g�� (title) Its: Director �2� 1 DATE:����.3� / NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Andrea Keikkala, Executive Director Julie Pulliam Kent Chamber of Commerce City of Kent 524 W. Meeker St #1 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 856-1770 (telephone) (253) 856-5702 (telephone) 253 854-8567 (facsimile) 253 856-6454 facsimile s II CONSULTANT SERVICES AGREEMENT - 5 ! ($20,000 or Less) f i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent Is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. 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: For: Title: C.'-C) EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract I and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i I EEO COMPLIANCE DOCUMENTS - 2 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT 3 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 KENT CHAMBER OF COMMERCE November 23,2015 2016 City of Kent' Tourism Grant Background The Kent Chamber of Commerce has worked in partnership with the City of Kent since 2000 to increase occupancy at Kent lodging facilities, to promote Kent as a site for corporate meetings and events and to highlight tourism opporhuuties in Kent. Scope of Work The Dent Chamber of Commerce provides services'that seek to increase occupancy at City lodging facilities and promote the City as a site for corporate meetings and events and promote City tourism opportunities. In the fall.of 2008 the Kent Chamber of Commerce developed a Visitor's Bureau in the Kent Chamber of Commerce office at 524 W. Meeker Street, Suite i in order to accommodate the numerous requests for information regarding the City of Kent. The Kent Chamber of Commerce will continue to work with the: Lodging Tourism and Tax Board, ShoWare Center, South Side Visitors Bureau, Kent Downtown Partnership, City of Kent,and local City of Kent businesses to promote and provide visitor and business information in our Visitors Bureau.'.Cost:$6,000.00 • The Visitors Bureau in the Kent Chamber of Commerce takes up 1/4 of the lobby*area and is patronized on average by 3-5 people per day collecting information on the city of Kent. • Chamber will continue collecting data on people who access information from the Kent Chamber of Commerce regarding the City of Kent. • The Kent Chamber of Commerce continues the contract with Certified Folder Display in'order'to' provide quality materials to businesses and individuals seeking information on the Kent area. • The Kent Chamber staff answers an average of 5-10 calls per day requesting information about the. City of Kent as a site for corporate meetings and events. 2. Continue to work with the.ShoWare Center and surrounding businesses to bring conferences and events to Kent.Cost:$1,000.00 • The Kent Chamber of Commerce continues to provide information regarding the ShoWare Center and events held in Kent. , • The Kent Chamber of Commerce continues to partner with community organizations to bring events to the ShoWare Center, Kent Senior Activity Center and the City of Kent such as job fairs, technology expos and business training meetings. i The Kent Chamber of Commerce continues to plan events at the Showare Center to showcase the facility to the business community in Kent and South Sound. 3. Update and publish a Kent Chamber annual directory (Business Directory and Relocation Guide). The directory also highlights shopping, recreation and general information regarding living and doing business in Kent.Cost: $8,500.00 • Yearly update and publishing of the Business Directory and Relocation Guide is a 6-month process in which the Kent Chamber of Commerce contracts with an outside firm in creation of the Business Directory and Relocation Guide. • In January 2016 we expect to receive the finalized copy of the 2016 Business Directory and Relocation Guide to distribute to 3,000 businesses and residents in Kent,the surrounding areas and to pmvide in relocation and visitor packets. • The 2016 guide will feature the marketing slogan that has been developed by stakeholders in the community. Our slogan, branding statement and branding logo are prominently featured in this publication. • The 2016 Business Directory and Relocation Guide will also be provided to the ShoWare Center, local hotels and businesses to be placed at Guest Services/Reception areas in order to promote and highlight Kent businesses,shopping,recreation and general information to those coming to enjoy the Kent community. The Kent Chamber of Commerce will continue to research and develop.the visitors market in Kent. Cost. $3,000.00 s The Kent Chamber of Commerce will continue to cultivate relationships with the City of Kent,Kent Downtown Partnership and local organizations in order to create a collaborative effort in research and development of the visitors market in Kent. In 2015 the Kent Chamber of Commerce launched a new and improved website that has a stronger visitor's presence. We are working to grow this presence and expand on visitor related information as we build the website. . We will continue to work with the_ea Cities involved with the branding campaign for the City of Kent.. i Total Cost of Scope of Work for 2015=$18,500.00 The $18,500.60 will be paid to the Kent Chamber of Commerce quarterly in 2016 in the amounts of $4,625.00 per quarter. Ist Quarter(January 1,2015—March 31,2015)=$4625.00 Q (April 1,2015—June 30,2015)=$4625.00 3rd,Quarter(July 1,2015—September 30,2015)=$4625.00 4a'Quarter(October 1,2015—December 31,2015)_$4625.00 Best Reg ds, I Andrea Keikkala Chief Executive Officer Kent Chamber of Commerce (253)854-1770 Ext. 140 Attached—Measurable Performance pages 1-3 Measurable Performance Information requested per month taken by the front desk. This tracking is for only front desk and does not include numbers from the Chief Executive Officer or Membership Director. January 2015 City Services—28 ' Directions—32 City Event Information outside Chamber's events—2 General Information-51 Relocation Information—10 Restaurant—4 Retail—13 Tourism—15 February 2015 City Services—29 Directions—28 City Event Information outside Chamber's events—8 General Information-44 Relocation Information—I I Restaurant—10 Retail—12 Tourism-17 , March 2015 City Services—24 Directions—21 City Event Information outside Chamber's events—5 General Information-62 Relocation Information—8 Restaurant—6 Retail—8 Tourism—12 April 2015 City Services—I 1 Directions—18 City Event Information outside Chamber's events—4 General Information-38 Relocation Information 7 Restaurant—8 Retail—8 Tourism—11 May 2015 City Services—15 Directions—18 I City Event Information outside Chamber's events—5 General Information-61 i Relocation Information—5 Restaurant—1 I Retail—8 Tourism—5 June 2015 City Services— 19 Directions—16 City Event Information outside Chamber's events—7 General Information—88 Relocation information—6 Restaurant—5 Retail--7 Tourism—9 July 2015 City Services—26 Directions—12 City Event Information outside Chamber's events—9 General Information-77 Relocation Information—8 Restaurant—3 Retail—10 Tourism—5 August 2015 City Services—16 Directions—10 City Event Information outside Chamber's events—5 General Information-65 Relocation Information—3 Restaurant—4 Retail—5 Tourism.—9 September 2015 City Services—19 j Directions—19 City Event Information outside Chamber's events—4 i General Information-65 I� Relocation Information-7 ! Restaurant—8 Retail—10 Tourism—13 October 2015 City Services—16 Directions—20 City Event Information outside Chamber's events—7 General information-54 Relocation Information 4 Restaurant-6 Retail-6 Tourism-12 November as of November 19,2015 City Services--I I Directions-6 City Event Information outside Chamber's events-3 General Information-42 Relocation Information-4 Restaurant-5 Retail-4 Tourism-3 Total from January VL to November 19,2015 City Services-214 Directions-200 City Event Information outside Chamber's events-59 General Information-647 Relocation Information-77 Restaurant-70 Retail-91 Tourism-111 Social Media 1685 Friends on the Kent Chamber of Commerce Facebook page I Website In 2015 the Kent Chamber of Commerce launched a new website.The new website has a stronger tourism and community component then the previous site and you can see the growth from 2014 when we launched the site to the 2015 analytics. 2015-90 days numbers-August 20,2015-November 20,2015 5210 Visits 24,710 page views 4.74 average pages per visit 3934 Users 1963 Organic Searches 2014-90 day numbers--September 19 2014 November 30,2014 3087 Visits 9795 page views 3.17 average pages per visit i f l� I • f t i f EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance i 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. 0. 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. i EXHIBIT B (Continued) C. Other Insurance Provisions i i 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. i POLICY NUMBER: NFPWAD385955562 BUSINESSOWNERS SP 04 48 0713 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 Of Additional Insured Persons Or Organ ization s : City of Kent Information-required to complete this Schedule if not shown above will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect .to the insurance afforded to these A. The following is added to Paragraph C.Who Is An additional insureds, the following is added to Insured: Paragraph D. Liability And Medical Expenses 3. Any person(s) or organization(s) shown in the Limits Of Insurance: Schedule is also an additional Insured, but only If coverage provided to the additional insured is with respect to liability for "bodily 'injury", required by a contract or agreement, the most we "property damage"or"personal and advertising will pay on behalf of the additional insured is the injury"caused, in whole or in part, by your acts amount of insurance: or omissions or the acts or omissions of those 1. Required by the contract or agreement; or acting on your behalf in the performance of 2; Available under the applicable Limits Of your ongoing operations or in connection with Insurance shown in the Declarations; your premises owned by or rented to you. whichever is less. However: a. The insurance afforded to such additional This endorsement shall not increase the insured only applies to the extent permitted applicable Limits Of Insurance shown in the by law; and Declarations. b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 0448 0713 0 Insurance Services Office, Inc.,2012 Page 1 of 1 i ACE Fire Underwriters Insurance Company Not-For-Profit Rusinessowners Policy Declarations ACE Group This Policy is issued by the stock insurance company listed above("Insurer"). f I r Policy Number: NFPWAD385955562 i Named Insured & Principal Address: Business Description: Not-for-Profit Organization Kent Chamber of Commerce 524 W. Meeker St. Policy Period: From October 12, 2015 to October 12, 201 Kent, WA 98032 12:01 a.m. local time at the Principal Address shown TOTAL ANNUAL PREMIUM: $895.00 Item A. PROPERTY Coverage(s) Limit Deductible Valuation Cause of Premium Loss Business Personal Property $100,000 $500 RC Special $200 Property Premium:$200.00 Item B. GENERAL LIABILITY LIMITS General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal&Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Damage to Premises Rented to You $100,000 Medical Expense Limit $5,000 General Liability Premium: $695.00 Item C. OPTIONAL COVERAGES HIRED AND NON-OWNED AUTO LIMITS General Aggregate Limit Included Each Occurrence Limit Included BOP-Q604(08/14) 020090 Page 1 of 2 Item E. COVERAGE FORMS Form Number Edition Title BOP43604 0814 NOT-FOR-PROFIT BUSINESSOWNERS POLICY DECLARATIONS PF43511 0714 NOT-FOR-PROFIT ORGANIZATION MANAGEMENT INDEMNITY PACKAGE DECLARATIONS BPO448 0713 ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION Item F. Notice under this Policy shall be given to: ACE North American Claims PO Box 5122 Scranton, PA 18505-0554 Toll Free: 844-539-3801 ACECRS-CLAIMS ace rou .com Item G. Producer Name and Mailing Address SCOTTISH AMERICAN INSURANCE GENERAL AGENCY INC 17822 EAST 17TH STREET SUITE 300 TUSTIN, CA 92780 Producer Code: IT6553 IN WITNESS WHEREOF,the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 12-18-2015 Authorized Representative BOP-43604(08/14) 0 2009® Page 2 of 2 ACE Fire Underwriters Insurance Company NOT-FOR-PROFIT ORGANIZATION MANAGEMENT INDEMNITY PACKAGE ACE Group A.M. Best Rated A++ DECLARATION This Policy is issued by the stock insurance company listed above("insurer"). THE INSURED PERSONS AND ORGANIZATION AND EMPLOYMENT PRACTICES LIABILITY SECTIONS OF THIS POLICY,WHICHEVER ARE APPLICABLE, COVER ONLY CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR,IF ELECTED, THE EXTENDED PERIOD AND REPORTED TO THE INSURER PURSUANT TO THE TERMS OF THE RELEVANT COVERAGE SECTION. PLEASE READ THIS POLICY CAREFULLY. THE LIMITS OF LIABILITY AVAILABLE TO PAY IN LOSS SHALL NOT BE REDUCED BY AMOUNTS INCURRED FOR'COSTS, CHARGES AND EXPENSES UNLESS OTHERWISE PROVIDED HEREIN.AMOUNTS INCURRED FOR COSTS, CHARGES AND EXPENSES AND LOSS SHALL BE APPLIED AGAINST THE RETENTION AND DEDUCTIBLE AMOUNTS. TERMS THAT APPEAR IN BOLD FACE TYPE HAVE SPECIAL MEANING.PLEASE REFER TO THE APPROPRIATE DEFINITIONS SECTIONS OF THIS POLICY. Policy Number: NFPWAD385955562 Renewal of: NFPWAD385955562 Item A. Parent Organization &Principal Address: Kent Chamber of Commerce 524 W. Meeker St. Kent, WA 98032 Item B. Policy Period: From October 12, 2015 to October 12, 2016 12:01 a.m. local time at the Principal Address shown in Item A. Item C. Coverage Section(s): INSURED PERSONS AND ORGANIZATION 1. Limit of Liability: $1,000,000 aggregate for all Loss(other than Costs, Charges and Expenses) 2. Retentions: $0 each Claim under Insuring Clause 1 $0 each Claim under Insuring Clause 2 $0 each Claim under Insuring Clause 3 3. Continuity Date: 10-12-2007 EMPLOYMENT PRACTICES LIABILITY 1. Limit of Liability: $1,000,000 maximum aggregate for all Loss (other than Costs, Charges and Expenses)for this coverage section 2. Retention: $0 each Employment Practices Claim $0 each Third Party Claim(only if 3rd party Is selected) 3, Continuity Date: 10-12-2007 PF-43511 (07/14) 020090 Page I of 4 N a i 4.Third Party Included PF-43511 (07114) ©2009 Page 2 of 4 i i i I Item D. Premium: $983.00 Total Amount Due: $983.00 Item E. Discovery Period 1. One(1)year 75%of the premium set forth in Item D of the Declarations 2. Two (2)years 100% of the premium set forth in Item D of the Declarations 3. Three(3)years 150% of the premium set forth in Item D of the Declarations As provided in subsection H of the General Terms and Conditions, only one of the above Discovery Period options may be electe and purchased. II Item F. Run-Off Period 1. One (1)year 75% of the premium set forth in Item D of the Declarations 2. Two(2)years 85%of the premium set forth in Item D of the Declarations 3. Three(3)years 95%of the premium set forth in Item D of the Declarations 4. Four(4)years 105%of the premium set forth in Item D of the Declarations 5. Five(5)years 115%of the premium set forth in Item D of the Declarations 6. Six(6)years 125%of the premium set forth in Item D of the Declarations As provided In subsection I of the General Terms and Conditions, only one of the above Run-Off Period options may be elected and purchased. Item G. Notice under this Policy shall be given to: ACE North American Claims PO Box 5122 Scranton, PA 18505-0554 Toll Free: 844-539-3801 ACECRS-CLAIMS@acegroup.com Item H. Special Event Fund: $25,000 unless otherwise amended PF-43511 (07/14) ©2009® Page 3 of 4 N Item I. Forms attached at Policy issuance: Form Number Edition Title SOP43604 0814 NOT-FOR-PROFIT BUSINESSOWNERS POLICY DECLARATIONS PF43511 0714 NOT-FOR-PROFIT ORGANIZATION MANAGEMENT INDEMNITY PACKAGE DECLARATIONS BP0448 0713 ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION IN WITNESS WHEREOF,the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 12-18-2015 Authorized Representative PF-43511 (07114) 020090 Page 4 of 4 N