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EC17-370 - Original - Futurewise - Multifamily Rental Inspection Program Services - 06/23/2017
ji�%j/� c(0-3 r s C /k /// e r KENT Document WASH tlMd01'0 N n c / %i /i�/// CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission. to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: l;uturewise Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Multifamily Rental Inspections Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract Other: Contract Effective Date: 06/21117 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: ECD Contract Amount: $88j000,00 Approval Authority: ❑ Director M Mayor N City Council 6/20/17 Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): . . . .. . . . CONSULTANT SERVICES AGREEMENT between the City of Kent and Futurewise THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Futurewise, a non-profit, organized under the laws of the State of Washington, located and doing business at 816 2"d Ave, Ste 200, Seattle, WA 98104, 206-343-0681 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Multifamily rental housing inspection program services provided to Kent and described in the attached Exhibit A. Not to exceed $88,000 for the year and to expire as of December 31, 2017. 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, 2017. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Eighty-Eight Thousand and 00/100 Dollars ($88,000.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in 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. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: City of Kent Contract 1 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. City of Kent Contract 2 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx 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 B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, 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. City of Kent Contract 3 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. 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. J. 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. 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. City of Kent Contract 4 Futurewise P:\ADMIN\CONTRACTS\Futurewise\2017\Contract - Futurewise.docx IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANTa CITY OF KENT: By: By, (signat re ;d r-7signatTe) Print Name: Christo Dher ierzbicki Print Name: Suzette Cooke Its: Executive Director Its Mayor BATE: 6A012— LATE: A�g /I I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Christopher Wierzbicki Matt Gilbert Futurewise City of Kent 816 2nd Ave, Ste 200 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-343-0681 (telephone) (253) 856-5435 (telephone) APPRO T© FORM: Ke ta department City of Kent Contract 5 Futurewise P:\ADMIN\CON RACTS\Futurewise\2017\Contraet - Futurewise.docx 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. 1 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: f For: Title: -qk--,cv-nyC-_- Tit f—Scm-g— Date: EEO COMPLIANCE DOCUMENTS 6 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 7 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS 8 EXHIBIT A Scope of Work (See following pages) EXHIBIT A 9 City of Kent Scope of Work: Multifamily Rental Housing Inspection Program Futurewise- Living Well Kent-Safranek Group, LLC Contact Information: • Futurewise- Project Management Lead; Data/Mapping and Program Coordination Contact: Christopher Wierzbicki, Executive Director 816 2nd Avenue, Suite 200,Seattle,WA 98104 Phone: 206-343-0681 Email: Chris@futurewise.org • Living Well Kent- Outreach Coordination Contact: Shamso Issak, Executive Director 10605 SE 240th St,Suite 232, Kent, WA 98031 Phone: 253-457-2964 Email: Slzamso.lssak@hotmail.coni • Safranek Group, LLC - Program and Policy Advisor Contact: Jim Safranek,Owner 5217 Kensington Place North,Seattle, WA 98103 Phone: 206-632-7918 Email: iim@safranekgroup.com Project Scope The scope of this project is to develop a multifamily rental housing inspection program for the city of Kent that will protect the public health,safety,and welfare of tenants by encouraging the proper maintenance of residential rental housing. At a minimum,the program will: ensure that Kent's rental housing stock meets specific life and fire safety standards; promote compliance with these standards so that the health and safety of tenants is not jeopardized; and increase awareness and sharing of information relating to rental housing standards between existing and future rental property owners, property managers, landlords and tenants. The plan of action for developing the program will involve concurrently investigating and documenting three sources of information: • Input from the renter community obtained through various methods of public outreach and engagement; • Analysis of rental and code enforcement data from the city's database and other relevant sources; and, • A review of existing rental inspection programs around the region and state. Task 1: Data Analysis-June 12-September 30 As outlined in the attached project schedule,the initial phase of work involves a review of existing data that will help inform the project development. Futurewise will lead this work, with assistance from the city of Kent staff. Relevant data such as rental housing locations, age of housing stock,and history of code violations will obtained from the city and other sources and explored for use in determining program goals and shaping the community engagement effort. Deliverables associated with this element of the work include draft and final maps, and other relevant representations of pertinent data as agreed upon by the City and Futurewise. The development of valuable mapping or other data representations is entirely dependent of the availability and suitability of relevant data. At a minimum, this phase of the work intends to outline the high-level geography of rental housing in Kent,and to ensure that vulnerable populations living in rental housing are involved in the community engagement process. Key Milestone Dates: • Draft Data Summary- August 11; • Final Data Summary- September 15 Task 2: Community Outreach-June 12-September 30 Task 2 of this project involves development of a community outreach and engagement plan, partially based upon the data and mapping results. The intent of this element of the work is to ensure that community concerns are placed at the core of the final program. Living Well Kent(LWK) will lead this work with assistance from the remainder of the project team,and will engage diverse communities of Kent residents to work towards shared outcomes that will make a significant impact on individuals living in unsafe and unhealthy homes in the city of Kent. The outreach will consist of roundtable meetings and forums. Roundtable meetings are smaller,strategic meetings made up of 10-15 LWK community liaisons that will meet bi- weekly or monthly (depending on the need). These smaller group meetings are intended to help outline the larger outreach effort for the 3 larger community-focused forums, and to plan strategies for mobilizing and engaging the larger community. They will also help identify the rental area "hotspots",and recruit people from specific apartment buildings to participate in forums. During the early roundtable meetings, the group will develop the outreach plan - which will document the process outlined above for review and approval prior to engagement. The 3 Engagement Forums are expected to be held in Kent East Hill, Kent West Hill and Kent Valley,and are targeted to reach 45-60 participants at each meeting, representing diverse communities. We anticipate that there will be approximately 60 Kent residents from diverse communities in each forum, including representatives from communities of low income, immigrant and non-English speaking refugees (Spanish,Somali,Arabic,Swahili, French, Punjabi,Vietnamese, Chin and Burmese.) Resources and support intended to remove barriers to community participation, such as transportation and childcare,will be made available at no cost to residents. A secondary goal of this effort will be to generate a community of advocates that will support the program recommendations during the Council review and approval process. Deliverables associated with this element of the work include a Community Outreach Plan, and an Outreach Summary. Key Milestone Dates: • Draft Outreach Plan -July 14; • Outreach Summary- September 15 Task 3: Policy Research and Program Development-July 1-December 30 Task 3 of this scope of work involves research of existing rental inspection programs (Tukwila, Bellingham, Pasco,etc.),and the development of rental inspection program recommendations based on the previous phases of the work. This work will be performed as a team,with Futurewise,Jim Safranek and HDC performing research and program development roles. The deliverables associated with this element of the work include a draft and final summary of findings on existing programs,and a draft and final rental inspection program outline. The team anticipates that the city of Kent staff will play a significant role in defining the shape of the final program,which will be based upon their implementation capacity. The final program recommendations will take the form of legislation that can be reviewed and approved by the Kent City Council. Both the landlord and tenant community will have reason to be concerned about the program, which are likely to be voiced throughout the duration of the project. Landlords will be concerned about the cost of inspections,and the cost of compliance. Tenants are likely to voice skepticism that the program will address their issues, and will also be concerned about the potential for rising rents once the units are brought into compliance. The project team will document all of the comments, concerns,and suggestions voiced at community meetings, in an attempt to represent a well-balanced summary for use in the program development. However, the team's focus -with the city staffs consent, is to develop a program that addresses safety issues,preserves quality of life, and preserves affordability for vulnerable rental populations in Kent Key Milestone Dates: • Draft Policy Findings - September 29; • Final Policy Findings -October 20; • Draft Policy- November 3 • Final Policy- November 17 • Presentation to City Council - December TBD Project Management Futurewise will act as the project lead,coordinating internal meetings of the project team, monthly meetings with city staff, ensuring timely completion of deliverables, and managing the invoicing process. The timeline and deliverables are anticipated to be modified as the project progresses,with input from the city and the project team. This scope of work does not propose to ensure that the developed legislation will be approved by the Kent City Council, nor does it include implementation of the rental inspection program, including but not limited to: developing a program website; creating forms or work flows for inspection processes; analyzing resources necessary for implementing the program; developing program messaging for the public or targeted audiences, etc. Proposed Project Budget Expense Item Amount Notes Futurewise staff $37,500 (fixed) Project management; data and mapping coordination Living Well Kent staff $20,000 (fixed) Outreach coordination Safranek Group, LLC $12,000 (not to exceed) Policy and program technical support;building code expertise Community Support $2,500 (not to exceed) Support for community member engagement (travel,childcare,food and drink expenses) Consultant Services $3,500 (not to exceed) Translation;graphic assistance Supplies $2,000 (not to exceed) Facility rental (if necessary); meeting materials; printing Travel $2,500 (not to exceed) City meetings; outreach meetings Contingency $8,000 (not to exceed) 10%of contract value Total $57,500 Fixed $30,500 (not to exceed)* HDC Staff Donated Hours $9,600 Approximate value of donated staff hours *The project team,working in consultation with the city of Kent staff, may come to agreement that not to exceed line items may be interchangeable if documented and agreed upon in writing prior to expenditure. Invoices will be submitted monthly. EXHIBIT B Insurance (See following pages) EXHIBIT B 10 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. A��D DATE(MMlOD1YYW) ® CERTIFICATE OF LIABILITY INSURANCE 6/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bari Smith NAME: JD Fulwiler & Co. Insurance, Inc. PHONdoExt}. (503)293-8325 NC•Noh(503)293-5418 5727 SW Macadam Ave ADDRESS,bsmith@jdfulwiler.com PO Box 69508 INSURERS)AFFORDING COVERAGE NAIC# Portland OR 97239 INSURER AAlliance of NonProfits for Ins 10.0_2_3_ INSURED INSURERB: _ Futurewise, Inc. INSURERC: 816 Second Avenue, Suite 200 INSURER0: INSURER E: Seattle WA 98104 INSURER F: COVERAGES CERTIFICATE NUMBER:16/17 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- MR— TYPE OF INSURANCE iI INSO U D POLICY NUMBER MMf�DYIYYYY MWDONYYY' LIMITS LTR' X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - }$ - 1,000,000 - DAMAGE TO RENTED A CLAIMS-MADE , X ; OCCUR PREMISES CEa occurrence) _I$ 500,000 -___ 201614010 8/20/2016 8/20/2017 MED EXP(Any one person) $ 20,000 --- - - '--� PERSONAL 8 ADV INJURY $ Excluded GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- LOC PRODUCTS-COMPIOP AGG 1 S 2,000,000 JECT �_ q Y - ---- - OTHER: Liquor i $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ -- BODILY Per accident - - -- AUT A ANY AUTO BODILY INJURY(Per person) $ ALL SCHEDULED 201614010 8/20/2016 8/20/2017 ( ) $ AUTOS AUTOS NO OWNED PROPERTY DAMAGE HIRED AUTOS IX AUTOS (Per a-dentL_ _ $_ Non-owned $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ PR IWORKERS COMPENSATION (Wa Stop Gap) SEATUTE EORH- AND EMPLOYERS'LIABILITY - - !ANYPROPRIETOR/PARTNER/EXECUTIVE YIN ; El EACH ACCIDENT $ _ _ 000,000 IOFFICERIMEMBEREXCLUDED? NIA A (Mandatory in NH) 201614010 8/20/2016 8/20/2017 1 EL DISEASE-EA EMPLOYEE$ 1,000 000 If yes,describe under DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 A social Services 201614010 �, 8/20/2016 � 8/20/2027 1 Aggregate Limit 1,000,000 Professional Liability Each Occurrence Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All operations of the named insured subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE * Informational Only * THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bari Smith/SARI ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INSn25 fnntanl t POLICY NUMBER: �O 4 LP C 10 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Any person or organization that you are required to All insured premises and operations add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured Status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional eXCIU- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury"', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property darnage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insureds) at the location(s) desig- covered operations has been completed; or nated above, 2. That portion Of "Your work" out of which the injury or damage arises has been Put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ®r ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: 2016-14010 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Any state or political subdivision that issues a permit or authorization to the named insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage"or governmental agency or subdivision or political "personal and advertising injury"arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or b. "Bodily injury'or"property damage" 1. This insurance applies only with respect to included within the"products-completed operations performed by you or on your behalf operations hazard". for which the state or governmental agency or subdivision or political subdivision has issued a B. With respect to the insurance afforded to these permit or authorization. additional insureds, the following is added to Section III—Limits Of Insurance: However: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement,the insurance afforded to such 2. Available under the applicable Limits of additional insured will not be broader than Insurance shown in the Declarations; that which you are required by the contract whichever is less. or agreement to provide for such additional insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 12 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: 2016-14010 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required All insured premises and operations. to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy.The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II—Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s)or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for"bodily injury"or not be broader than that which you are required "property damage"caused, in whole or in part, by by the contract or agreement to provide for such "your work"at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and B. With respect to the insurance afforded to these included in the"products-completed operations additional insureds, the following is added to hazard". Section III—Limits Of Insurance: However: If coverage provided to the additional insured is 1. The insurance afforded to such additional required by a contract or agreement,the most we insured only applies to the extent permitted will pay on behalf of the additional insured is the by law; and amount of insurance: CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 0 Insurance Services Office, Inc.,2012 Page 2 of 2 n ALLIANCE OF NONPROFITS FOR NE INSURANCE A Head for Insurance.A Hurt Jar Nanpraflts. POLICY NUMBER: 2016-14010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II—WHO IS AN INSURED is amended to include any public entity as an additional insured for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement that such public entity be added as an additional insured(s) on your policy, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused, in whole or in part, by: 1. Your negligent acts or omissions; or 2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing operations. No such public entity is an additional insured for liability arising out of the"products-completed operations hazard"or for liability arising out of the sole negligence of that public entity. B. With respect to the insurance afforded to these additional insured(s), the following additional exclusions apply. This insurance does not apply to"bodily injury"or"property damage'occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work,on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work"out of which injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The following is added to SECTION III—LIMITS OF INSURANCE: The limits of insurance applicable to the additional insured(s) are those specified in the written contract between you and the additional insured(s), or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. D. With respect to the insurance provided to the additional insured(s), Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below; or ANI-RRG-E61 12 15 Page 1 of 2 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)'own insurance. Paragraphs(1)and (2)do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance,whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for"property damage"to premises temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of SECTION I—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE. (e) That is any other insurance available to an additional insured(s) under this Endorsement covering liability for damages arising out of the premises or operations, or products- completed operations, for which the additional insured(s) has been added as an additional insured by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s)against any"suit" if any other insurer has a duty to defend the additional insured(s) against that"suit". If no other insurer defends,we will undertake to do so, but we will be entitled to the additional insured(s)'rights against all those other insurers. (2) When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. (3) We will share the remaining loss, if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares,we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. ANI-RRG-E61 12 15 Page 2 of 2 REQUEST FOR MAYOR'S P ETIT awl "iNl�►kTURE T u�u�lirmt br), . 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