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HomeMy WebLinkAboutPW17-376 - Original - Washington Patrol Division - Clark, Kent and Armstrong Spring Watersheds Security Patrol - 07/01/2017 Ef 40 c r d S M a, / rr r KENT r,. r ocu eni r r. ,r CONTRACT COVER SKEET 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: Washington Patrol Division Vendor Number: JD Edwards Number Contract Number: Pw 1 - 1 This is assigned by City Clerk's Office Project Name: Clark Dent and Armstrong S,prinq Watersheds Security Patrol Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other:. Contract Effective [date: Date of the Mayor's signature Termination Date: 6/30/18 Contract Renewal Notice (Gays): Number of days required notice for termination or renewal or amendment. Contract Manager: Jim Reed Department: PW Operations Contract Amount: $35,100,0 I Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Conduct security patrol visits to Clark Springs, Kent Springs and Armstrong Spring Watersheds. As of: 08/27/14 GOODS & SERVICES AGREEMENT between the City of Kent and Washington Patrol Division THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington Patrol Division organized under the laws of the State of Washington, located and doing business at 3900 E. Valley Road, Suite 101, Renton, WA 98057, Phone: (425) 251-0898, Contact: Natalie LaZarte (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall conduct security patrol visits to Clark Springs, Kent Springs and Armstrong Spring Watersheds. For a description and the Vendor's proposal, see Exhibit A which is attached and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TERM AND OPTION TO RENEW. This Agreement shall commence on July 1, 2017 and shall end on June 30, 2018. The City shall have the option to renew this Agreement for up to three (3) additional one (1) year periods under the same terms and conditions unless the City provides thirty (30) days prior notice of its intent not to renew. The provisions of this Section II shall not alter or affect the Parties' Section VI rights to terminate this Agreement. III. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 30, 2018. IV. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Five Thousand, One Hundred Dollars ($35,100.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Security patrols shall be scheduled upon execution of this agreement. Vendor shall submit a billing invoice the first day of each consecutive month. The City shall pay upon receipt an amount not to exceed $2,925.00 per month unless agreed upon by the Vendor and the City of Kent Water Division. If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. V. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. 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. VII. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been,waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time Incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XII. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor 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. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor 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. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor'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 Vendor 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 Vendor in its performance of this Agreement may be sub]lect to public review and disclosure, even if those records are not produced to or possessed by the City of Kent, As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business LicenseRequired- 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 Signature; 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. 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. VENDOR: CITY OF KENT:. B yw: 7 signature) Cooke Print Name: Print NaA: ' Suzette Its— Its Ma or DATE: DA7TE::::�: ez"5 t NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Natalie LaZarte Timothy J. LaPorte, P.E. Washi:ngton Patrol Division City of Kent 390,0 E. Valley Rd,, Suite 101 220 Fourth Avenue South Renton, WA 98057 Kent, WA 98032 (425) 251-0898, (telephone) (253) 856-5500 (telephone) (253) 479-6627 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Cent Law Department Washington Patrol Division-WaterShed 2417/Reed 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. 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 , gree to f fill the five requirements referenced above. For. Title: V I Date: -4VY EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of Work City of Kent Water Department Watershed Security Patrols Patrol Times: Nightly, Monday through Friday, security contractor will conduct a minimum of three (3) patrol visits with the patrol times, in general, around 8pm, midnight, and 4am, plus or minus an hour. On Saturdays, Sundays and City of Kent holidays (10 per year, see attached), conduct a minimum of three (3) patrols per day, as above, but around 4am, 6pm, and 11pm, plus or minus an hour. The goal is to evenly space patrols for consistent coverage, particularly at night, while remaining random and unpredictable. Patrol Duration: It is expected each site patrol should last approximately 10-15 minutes for the water sites. Key Information: Required key for facilities: E6 Key - Opens all gates only at the water sites. If a door, vault or other structure is found unlocked the security firm will notify City personnel and standby until arrival. If a gate is found open the firm shall lock the gate and place incident in the weekly report. If damage is found firm will contact City personnel. Patrols units will be issued an E6 Key for the water sites. The number of keys issued will depend on the Security firms request but will not exceed (4) four keys. All keys issued will be signed out by Security firm and returned upon request or contract end date. If a key is lost the Security firm shall notify the City immediately. Major Security Concerns: Ensure that the main perimeter fence, gate entrance(s), and inner gates are all free from damage, secured, closed and locked. Ensure that all the doors in all buildings and hatches to all the vaults are closed and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. Check that exterior lighting is working. All doors to the buildings and the vaults are alarmed. If a patrol finds a door or vault unlocked and opens it, the alarm will be recorded and City of Kent personnel automatically notified. If doors are found unlocked or open, immediately inform Kent Water personnel using the list below, starting with Sean Bauer, City of Kent Water Superintendent and standby until arrival of City personnel. Please Note: Keep all main gates closed at all times except in the process of entering and exiting facility. While on site, outermost gates at all sites must be closed behind you after entering and exiting. This discourages people from following and eliminates animals (deer) from leaving through the gate into the roadway. Problem Reporting: Any and all unusual circumstances should be reported immediately to Kent personnel and/or police as listed below: Please call 911 for immediate life threating emergencies. After hour's contacts: . ^ ` Water Sites: Sean Bauer (Water Manager) (253) 740-7089 Cell or (253) 347-8143 Jim Reed (Water Division Supervisor) (253) 740-1884 Work Cell (253) 777'5987 Home Shawn Ralph Water Division (253) 850-0331 Home (253) 74O-712O Work Cell If none of the above answers directly, patro�s shall call 911; Dispatch will record information, contact an employee frorn the Water Department and have them return the ca|U. For police response call QtyVfKent dispatch, Valley-Corn, at 911. If 911 is called from out of the Ke.nt.,,City area or on a cefl phone, security personnel will specify they want Valley- ConI or dial their direct number for out of area 253-852-2121. Security personnel will let the d�spatcher know the name and address of the s�te and specify that it is City of Kent property, directly requesting that City of Kent Police be involved. If an intruder is thought to be in the vicinity, a police K-Q unit can also be requested. Normal Reporting: Each exterior building door and at least (2) points aUong perimeter fencing at each location shall have e|ecLron�c means (supV|ied by security firm) Lmrecord a date and time stamp. This will show actual visitation for required weekly reporting. /lsnf now there are approx. (12) doors between the three sites that will be monitored at the water sites. A regular weekly report mfall sites sha|� be ernai|ed each Monday morning in a spreadsheet format detailing: l. S�ibe Location and reporting period 2. Security officer narne(s) 3. Check time at each checkpoint, Note; each check point is required to be identified, Example; East door, main building or S,E 2841+ fence east/west 4. Any addftiona| comments to be added in report, Example; |ight out NE corner ofrna�n building. This report shall be ennui|cd each Monday morning to Jim Reed at for water sites. Below is the current Public Works hours of operation and contact information Monday through Friday, 07:00-16:00 253 856 560,0 Jinn Reed (Water Facilities Supervisor) (253) 856-5667Office (253) 740-1884 [e|| Site Specifics: Clark Springs Watershed 24875 Kent Kangley Road Ravensdale, Washington Directions: Starting from the SR-18 exit or SR-169 (Maple Valley Hwy), turn east on 272"d Street (also known as SR-516 or Kent Kangley Road). Drive east until you reach Summit Landsburg Road. At this point, the Clark Springs Watershed fence begins on the right or south side of the road. The site is identified as belonging to the City of Kent and both sides of the street are City of Kent property. Procedures: Drive the entire perimeter fence line along Kent Kangley Road looking for anything unusual or any kind of damage. Enter the main gate and visually check the second interior fence. Enter the inner compound and check this fence line, all exterior doors on each structure (7 total) to ensure that they are closed and locked. Ensure the two vault-access hatches are closed and locked. Check the exterior lights for proper operation. Check for any evidence of tampering, forced entry, vandalism, or other damage. Kent Springs Watershed 28600 216th Ave SE Kent, Washington Directions: Starting from Kent Kangley/SR-516 turn south on 206th Ave SE. Crossing a set of railroad tracks and the fence begins on the left or east side of the road. This is the "lower" section. Continue south to SE 288th St and turn left. This is the "upper" section. (Alternatively, this area can also be reached by turning onto SE 288th St from SR-169/Maple Valley Black Diamond Hwy and the patrol can be run in either direction. This also makes a good route to and from Clark Springs.) Procedures: Drive entire perimeter fence along 216th Ave SE and SE 288th St looking for anything unusual or any kind of damage. At Kent Springs "Upper" or"Plateau" (SE 2881h St entrance) - Two buildings are near each other on the north side of the compound with another separate on the south side. There is one vault near the two buildings and another in the northeast corner of the compound. The larger of the two buildings together has a ladder that leads to the top of the building. Be sure to check this ladder. The smaller building at this side of the property has only one door, ensure it is closed and locked. There is one gate and one vault hatch associated with these two buildings. The building on the south side has one gate and one door that need to be checked. The vault on the northeast has one gate and one vault lid. Overall, look for anything suspicious, especially signs of building entry or damage to the fences and gates. At Kent Springs "Lower" (2161h Ave SE entrance) - This area has one entrance on 216th Ave Se and a secondary inner fence and gate. The main structure has four doors. Check that all four are closed and locked. Visually inspect surrounding vaults and other structures and ensure they are secure and locked. Check for any evidence of tampering, forced entry, vandalism, or other damage. At GRNRA check the nursery building for any tampering, forced entry, vandalism oor other damage. Armstrong Springs Watershed 17975 SE 2750 Place Kent, WA Directions: Starting from Kent Kangley/SR-516 and Wax Rd. drive approx. 1/4 mile east on Kent Kangley. Pass over Jenkins creek and take first right. City property starts within 20 feet. Site is marked with a large wooden sign. Procedure: Starting from Kent Kangley Hwy enter compound and begin checking fence on either side of access road. Enter locked gate(s) and visually inspect the continuation of fencing. You will see a building on your right as you enter the compound which is surrounded by a fence. Enter the small fenced compound; check both building doors and lighting. Continue down to the end of road way 1/4 mile and you will see an identical building. Check this building gate, door and lighting as well. Other Properties: The City requires a 24/7 contact number to reach the security company to include holidays. In case of various issues that may arise, power outages, or other unusual problems, the City reserves the right to call at any time and request additional patrols at other sites. This may be negotiated on a "per visit" or other basis as determined by the agreement between the City and the security patrol company. Additional sites may include various properties east of the Clark Springs watershed. I"VMqD r r Patrol Proplosal /c City of Kent Watersheds PROPERTY 1 ..wKENT SPRINGS 286O St 216nh Ave WATERSHED Kent, WA PROPERTY2 DLARK SPRINGS 2'4875 Kent Kangl,ey WATERSHED RD, Ravensdale, WA PATROLS MONDAY-FRIDAY 8 m,12am,4am PATROLS SATURDAY AN.D___..__.._ 4pm,6prn,l 1 pm SAJNDAY Vehicle/Foot Patrols A trained uniformed patrol officer with a highly visible patrol vehicle will conduct a. minimum of 3 heavy emphasis patrols per daily shift Monday thru Friday with patrol times to be 8pm, 12am and 4am plus or minus an hour. Saturday and Sunday will have patrol times of 4pm, 6pm and 11 pm plus or minus an hour. The officer will enter both the higher and lower plateau of the Kent Springs Water Shed checking all doors of the structured facilities and visually checking all well hatches to verify they are locked and secured. During the patrols the officer will be looking for any persons not belonging on the property while walking along the fence limes checking for any property damage to the fence. Should an incident of a security nature occur, City of Kent post order procedures will be followed. To help deter/detect theft and vandalism the officer will actively use his vehicle spotligiht to illuminate areas. TPS is available for installation upon client's request. Daily reports will be emailed weekly regarding any incidents or occurrences unless immediate attention is required the report will be emailed that morning or at the end of the shift. $2925.00 /month Additional Services/Materials Provided Tour Patrol System "TPS" Extra Patrols Tour Patrol System "TPS"' A Tour Patrol System is a system for logging the rounds of Security Officers patrolling a property. It helps ensure that the officer makes his or her appointed rounds at the correct intervals and can offer a virtually indisputable record for legal or insurance reasons. Essentially, the system provides a means to record the time when the officer reaches certain important points on their tour (and, of course, the fact that they reached these points at all). Checkpoints are commonly placed at the extreme ends of the tour route and at critical points such as vaults, specimen refrigerators, vital equipment, access points, etc. Some systems are set so that the interval between stations is timed so if the officer fails to reach each point within a set time, other staffs are dispatched to investigate and ensure the employee's well-being. Extra Patrols Client requests for extra patrols are $75.00 per patrol. 3900 E Vaffey RD I Suite 101 1 Renton WA 9BO57 I Office 425.251.G898 Fax 253.479.6527 This document is owned by Washington Patrol Division and any attempt to copy/modify/and or take possession of will result in prosecution to the furthest extent of the law 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. 2. 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. 3. 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 $2,000,000 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. ACORN' CERTIFICATE OF LIABILITY INSURANCE DAT14//00/YYYY) 9/14/2016 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 policypes)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 endorsoment(s). :PRODUCER CONTACT NAME: Hub International Northwest LLC PHONE FAX 12100 NE 195th St. A/C,Na E■t):(425)489-4500 (A/C,Na):(425)485-8489 Suite 200 ADDRESS,now.info@hubinternational.com Bothell,WA 98011 INSURER(S)AFFORDING COVERAGE NAIC 0 i INSURER A,Philadelphia Indemnity Insurance Company 18058 ` INSURED INSURER B: Washington Patrol Division INSURER C: Natalia LaZarte 3900 E.Valley Road#101 INSURER D: Renton,WA 98057 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR_ ice. 1rY° POLICY NUMBER tMMfDD/YYY��MMIDDIYYYY) _ LIMITS A X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE 5 1,000,00 CLAIMS-MADE X OCCUR X X PHPKISS1271 09/21/2016 09/21/2017 DAMAGE TO RENTED 100,00 PREMSES(Ea occurrence) 5 MED EXP(Ary one cersor) S 5,000 PERSONAL a AUV;NJUR� 5 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,00 POLICY JEaO. LOC PRODUCTS-COh1PIOP AGG S 2,000,00 OTHER WA STOP GAP 5 1,000,00 AUTOMOBILE LIABILITY '-" --- - ------- �C.OMBICEDI SINGLE LIMIT S 1,000,00 a:v A X ANY AUTO X X PHPK1551271 09/21/2016 09/21/2017 BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Par acaeen:) S NON-OWNEC S HIREDAUTOS ALTOS �•�r aeetl^�I, 3 X UMBRELLA LIAR X OCCUR ------ - — -- v - - -- ---� . _ S 2,000.0 00 A EXCESS LIAR CLAIMS-MADE X X PHUB556364 09/21/2016 09/21/2017 AGGREGATE $ 2,000,00 DED X RETENTIONS 10,000 _ S WORKERS COMPENSATION PER TH- AND EMPLOYERS'LIABIUTY STATUTE X ER A ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N PHPKISS1271 09/21/2016 09/21/2017 EL EACAACCICENT 5 1,000, OFFICERIMEMBEREXCLUDEW N/A (Mandatory in NH) - - E L DISEASE.EA EMPLOYEE S 1,000, It yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached i1 mom space Is required) Certificate holder Is additional insured per endorsement but only as required by written contract.Umbrella policy follows form. CERTIFICATE BOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. Pl-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY INSURANCE ENDORSEMENT This endorsement mod.iEies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Client(s) : Blanket where required by written contract Type of Service: Any\All Services information required to complete this Scnedule, if not Shown above, will be shown ;.n the Declarations. SECTION IV - COMMERCIAL GENFRAL LIABILITY -ONDIT_ONS, Item 4. other Insurance b. Excess Insurance is duieted as respects: 1. Any ccntcdcL for security or investigative operations; or 2. Operations from the type of service listed for the client shown in the endorsement SCHEDULE. All other terns and conditions of this Policy remain unchanged. 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Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Pan, the word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION 1—COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsectior. 2. Exclusions; b. SECTION III—LIMITS OF INSURANCE, Paragraph 6.:and c. SECTION V—DEFINITIONS, Paragraph 9.a. 2. If damage by fire to premises rented to you is not otherwise excluded frorn this Coverage Part, the words fire insurance are changed to insurance for fire, lightning,explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4.Other Insurance. Paragraph b,Excess Insurance, 3. The Damage To Premises Rented To Yoj Limit section of the Declarations is amended to the greater of a. S1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire, lightning.explosion, smoke,or leaks from automatic fire protective systems or any combination thereof. B. Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions,Paragraph g.Aircraft,Auto Or Watercraft does not apply to security services performed on or aboi,t watercraft. C. Medical Payments—Limit Increased, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III—LIMITS OF INSURANCE to the greater of. a. .320.000 or b. The Medical Expense Limit shown in t^e Declarations of this Coverage Part. 2. Under SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement. Paragraph a . item (b)is amended to read- provided t-iat (b) The expenses are incurred and reported :o is within three years of the date of the accident; and Page 2 of 9 2009 Philadeiphia Indemnity insurance Company I-1cludes copyrighted material of Insurance Sernces Oifi.;e Inc . with its oerrnissior PI-GLD-SG(02109) D. Supplementary Payments In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provision, Items 1.b.and 1.d.are amended as follows: 1. The limit for the cost of bail bonds is changed from $250 to $2,500; and 2. The limit for loss of earnings is changed from $250 a day to$500 a day. 1 E. Employee Indemnification Defense Coverage i In the SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provision, the following is added: We will pay,on your behalf, defense costs incurred by an"employee"in a criminal proceeding. The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$15,000 regardless of(he numbers of"employees,"claims or"suits"brought or persons or organizations making claims or bringing"suits." F. Who is an Insured SECTION II—WHO IS AN INSURED is amended as follows. 1. If coverage for newly acquirec or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a.is changed to read: a. Coverage under this provision is afforded until the end of the policy period; 2. Each of the following is also an insured: a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Managers and Supervisors—If you are an organization other than a partnership or joint venture,your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. c. Managers, Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions. This insurance does not apply to: (1) Any 'occurrence'which lakes place after you cease to be a tenant in that premises, or (2) Structural alterations. new construction or demolition operations performed by or on behalf of that person or organization. Page 3 of 9 Zi 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office. Inc., with its permission. PI-GLO-SG(02)'09. d. Lessors of Leased Equipment-Automatic Status When Required in Lease Agreement With You-Any person or organization from whom you lease equipment when you and such person or organization have agreed in venting in a contract or agreement that such person 0, organization is to be added as an additional insured on your po.icy. Such person or organization is ar Ins.,red only with respect to nobility for"bodily injury.""property damage or"oersonal and advertising injury'caused in whole or in part, ay your rnaiwenance, operation or use of equipment leased to you by such person or organization. A person s or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 'Nitn respect to the Insurance afforded to these additional insurers, this insurance does not apply to any"occurrence"which takes place after the equipment:ease expires. e. Grantors of Permits -A-iy state or political subdivision granting you a permit in connection with your premises subject to;he foliow'ng additional provision. (1) This insurance applies only with respect to the following hazards fcr which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance ap:;lies (a) The exister•ce, maintenance, repair. construction, erection,or removal of advertising signs. awnings, canopies, cellar entrances, coal holes.driveways, manholes, marquees hoist away openings, sidewalk vaults,street banners or decorations and similar exposures: (b) The construction. erection,or rerthoval of elevators;or (c) The ownership, maintenance,or use of any elevators covered by this insurance. f. Blanket Additional Insureds by Contract-Any person or organization for whim you are perform-ng operations .when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury,"";property damage"or 'personal and advertising injury"caused, in whole or in part, by: (1) Your acts or Omissions:or (2) The acts or orrnssions or those acting on your behalf: In the performance of your ongulng cperations for the additional insured. A Person,'s or oruanizatlon's status as an additional insured under this endorserner.t en^s r;hen your operations for that additional insured are completed -Xith respect to the insurance afforded to these add tional insureds, the following additicnal excusions apply- This.risurance toes not arhpiy to (1) 'noddy injury.""property damage"or"personal and advertising injury arising o.,t cf-he ^cering of, or the fall,,re to render, any profassional architectural. engineering or sureeyng services includil•g 'ara 4 f 5 2CC9 Pt Ilad2ip�a indernn ty insurorre Company 1: dkices cop'+ri(;h fJ I?l,?tF,f']I of Insuranc Seri ceS Office. inc with 't i L ?rillti�'Orl PI-GLD-SG(02!09) (a) The preparing,approving.or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications: or (b) Supervisory. inspection, architectural or engineering activities. (2) "Bodily injury"or"property damage"occurring after: (a) 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 (b) That portion of"your work"out of which the 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. G. Limited Rental Lease Agreement Contractual Liability The following is added to SECTION I—COVERAGES,COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b.Contractual Liability: (3) Based or. the named insured's request at the time of claim,we agree to indernnify the named insured for their liability assumed in a contract or agreement regarding the rental cr lease of a premises on behalf of their client,up to$50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter's liability insurance of the client. H. Transfer of Rights of Recovery Against Others To Us As a clarification, the following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8.Transfer of Rights of Recovery Against Others To Us: Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss. provided the waiver is made in a written contract. I. Duties in the Event of Occurrence,Offense,Claim or Suit 1. When you report an"occurrence"(coverage for which is provided by tt is policy)to your compensation insurance carrier,and this"occurrence"later develops into a liability claim, failure to report such"occurrence"to us at the time of such"occurrence"shall not be deemed in violation of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. Duties in the Event of Occurrence,Offense, Claim or Suit. This is upon the distinct understanding and agreement however, that you, the insured,as soon as made aware that this --articular "occurrence"is a Lability case, rather than a compensation case -shall give us notification immediately. 2. The requirement in Condition 2.a.of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS that yo.,must see to it that we are notified as soon as practicable of an occurrence"or an offense, applies only when the"occurrence' or offense is known to. Page 5 01 9 2009 Philadeiphia Indemn ly Insurance Company Includes copyiiq i(ed material jf Insurance Services Office. Inc . ,vith its perm,ssioo PI-GLD-SG(02l09) a. You, 4 you are an individual: b. A :)artr,er if you are a partnership; or c. An"executive officer"or insurance manager if you are a corporation 3. Tne requirement in Condition 2.b,of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS that you must see to it that we receive notice of a claim or"suit" as soon as practicable will not be considered beached unless the breach occurs after such claim or"suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership, or c. An"executive officer"or insurance manager, if you are a corporation. J. Unintentional Failure To Disclose Hazards It is agreed that, based on our reliance upon your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. K. Liberalization If we revise this endorsement to provide more coverage without additional premiurn charge,we will automatically provide the additional coverage to all endorsement herders as of the day the revision is effective in your state. L. Bodily Injury-Mental Anguish SECTION V- DEFINITIONS, Paragraph 3, is changed to read: Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these: and b. Except for mental anguish, includes death resulting from the foregoing(Item a. above)at any time. M. Assault and Battery with Extended Property Damage SECTION I -COVERAGES. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury Bodi y injury"or 'property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to. Page b of G 2009 Philadelphia Indemnity Ins-rance Company Includes cepyrigl-t,d rraterial of Insurance Services Office Inc . ,vitn its .)ermi zs oc PI-GLD-SG(02/09) (1) "Bodily injury"or"property damage"resulting from the use of physical force to protect persons or property.or (2) Allegations of vicarious liability on the part of a Named Insured arising solely from the acts of your"employees." However, acts of your"employees" shall not include theft. N. Errors and Omissions Coverage 1. SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following: ERRORS AND OMISSIONS This insurance applies to negligent acts, errors or omissions committed by you relating to your services described in the Declarations. 2. SECTION I—COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following: ERRORS AND OMISSIONS The insurance that applies to"personal injury" includes negligent acts,errors or omissions committed by you relating to your services described in the Declarations. 3. SECTION I—COVERAGES is amended by adding the following: COVERAGE D—ERRORS AND OMISSIONS LIABILITY a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of errors or omissions committed by you relating to your services described in the Declarations_ However,we will have no duty to defend the insured agairst any"suit" seeking damages for errors or omissions committed by the insured to which the insurance does not apply. We will have the right and duty to defend any"suit'seeking those damages. We may, at our discretion, investigate any claim or"suit"that may result. But: (a) The amount we will pay for damages is limited as described in SECTION III—LIMITS OF INSURANCE: and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A, B, or D, or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS—COVERAGES A, B, AND D. (2) This insurance applies only if the error or ornission occurs during the policy period b. Exclusions This insurance does not apply to: Page 7 of 9 2009 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office. Inc.,with its permission. PI-GLD-SG(02!09) (1) ''Bodily injury"or 'property damage (2) "Personal and advertising injury": (3) Intentional injury, nor injury arising out of willful violation of a penal statute or ordinance, committed by or with the knowledge or consent of the insured; (4) Any claim seeking relief or redress in any form other than monetary damages; (5) Any claim arising out of any insured's act'vities,or as a fiduciary, under the Employment Retirement Income Security Act of 1974, any amendments or any regulation or order issued thereto; (6) Any claim arising from warranties or guarantees made by any insured; (7) Liability assumed by the insured under any contract or agreement, This exclusion does not apply to Lability for damages. (a) f'hat the insured would have in the absence of the contract or agreement; or (b) Assumed in a contract or agreement that is an insured contract; (8) Liability arising from any fraudulent, dishonest, or criminal act of any insured, (9) Liability arising from a claim made by a parent or subsidiary organization of the insured or another subsidiary organization of such parent or other subsidiary, nor any officer, director or"employee"of any of the above: and (10) Any claim alleging, arising out of, resulting from, based upon or in consequence of directly or indirectly,any employment practices or any discrimination against any person or entity on any basis; additionally,any actual or alleged violation of the Fair Labor Standards Act or any similar law or regulation applicable to the payment of wages or overtime. c. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS-COVERAGES A. B,AND D d. SECTION III -LIMITS OF INSURANCE is amended as follows: (1) Item 2. is replaced by the following 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C: b. Damages unr_er Coverage A except darnages cecause of 'bodily injury' or .property damage" inciudec in tre 'products completed operations hazard c. Damages under Coverage B. and d. Damages under Coverage D (2) Item 5. is replaced by the following: Page 8 of 9 J2�09 PnJadeiphra Indemnity Ins-,rare= Company I-ciudes copyright)d m8ter al of Insurance Servir,is Office Inc., with its oermissinn PI-GLD-SG(02/09) S. Subject to 2. or 3. above,whichever applies, the Each Occurrence Limit is the most Ale will pay for the sum of: a. Damages under Coverage A, and b. Medical expenses under Coverage C, because of all "bodily injury" and "property damage"arising out of any one "occurrence", and j c. Damages under Coverage D. e. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance is amended as follows: (1) The first paragraph is replaced by the following: If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A. B, or D of this Coverage Part,our obligations are limited as follows: (2) Paragraph b.Excess Insurance. Item(2)is replaced by the following When this insurance is excess, we will have no duty under Coverages A, B. or D to defend the insured against any claim or"suit" if any other insurer has a duty to defend the insured aga nst that claim or"suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. O. Incidental Medical Malpractice We will pay for injury arising out of the rendering of or failure to render the following treatment or services by an"employee' for an accident occurring during the policy period: 1. First aid treatment including cardiopulmonary resuscitation(CPR);and 2. Medical, surgical, dental, x-ray.or nursing service or treatment,or the furnisning of food or beverages in connection therewith: and the furnishing or dispensing of drugs, or medical, dental, or surgical Supplies or appliances. However, this coverage does not apply to any insured or to any entity engaged in the business or occupation of providing the services or treatments described in 1. and 2.above Page 9 of 9 ' 2009 Philadelphia Indemnity In;,urance Company Inc'udes copyrighted material of Insurance Services Offire. Inc , .v th its perrniss;un / / / / / / / / r / / / r / / r / / a / / r / / / l / / / / J / / / J / / / / r / / / / l / J / / / / / r / u r / / noun / / , r J / 1 � r / / r // / J / / / / / / i / / / / f / J / /// r ,J / i / r r / / / / / / f / / / / / / / J / / / / / / / / r/ . / / / • KEN T Agenda Item: Consent Calendar - 7K W A S H I NOT ON TO: City Council DATE: June 20, 2017 SUBJECT: Security Patrol Contract for Watersheds - Authorize MOTION: Authorize the Mayor to sign a contract with Washington Patrol Division for security patrol of the City water sheds (Clark Springs, Kent Springs and Armstrong Springs) in an amount not to exceed $35,100 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The security contractor will conduct nightly security patrols, Monday through Friday, a minimum of three (3) patrol visits to each site. On Saturdays, Sundays and City of Kent holidays (10 per year) the contractor will conduct a minimum of three (3) patrols per day. The goal is to provide consistent coverage, particularly at night. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: This agreement will be paid for out of the Water Fund.