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HomeMy WebLinkAboutEC18-021 - Original - JayRay Ads & PR, Inc. - Economic & Community Development Website Update - 01/16/18 ,,�+` ► RecordsKENT WASHINGTON Document % 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: JayRay PR, Inc, Vendor Number: 34024 JD Edwards Number Contract Number: �G f g_ 02I This is assigned by City Clerk's Office Project Name: Lodging Tax Website Develo ment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment IN Contract ❑ Other: Contract Effective Date: when signed Termination Date: 3 31 18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Michelle Wilmot Department: Econ & Comm Development Contract Amount: $17,611.00 Approval Authority: ® Director [] Mayor ❑ City Council N/A Meeting Date T. CONSULTANT SERVICES AGREEMENT between the City of Kent and ]ayRay Ads & PR, Inc, THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JayRay Ads & PR, Inc. organized under the laws of the State of Washington , located and doing business at 535 Dock Street, #205, Tacoma, WA 98402, (253) 627-9128 (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: Economic Development Website update, Building a web presence to attract investments Phase 1 Concepting & Discovery Phase 2 Content Developemnt Phase 3 Web Implementation As detailed and described in Consultant's Scope of Work attached and incorportated as exhibit A. 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 March 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $17,611.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 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. CONSULTANT SERVICES AGREEMENT - 2 ($20,000 or Less) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit 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-W iv r 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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. Comsliance 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 Si ng atures b F x 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. CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) ....... .... _ ... -- CONSULTANT: CITY OF KENT: By: t Iv _.� By: (slgnatute) signature) Print Name'_ ,� Print Name: Ben Wolters, Director Its: 'RA ` - } Its: Eco amic & Community Development (title) DATE: turAtiHa� -c Vcd✓ DATE: r U -- ......_.._.................._ _. -- .... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Bridget R. Baeth, Principle, Sr. Advisor Michelle Wilmot JayRay Ads & PR Inc. City of Kent 535 Dock Street #205 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 627-6548 (telephone) (253) 856-5709 (telephone) CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 agree to fulfill the five requirements referenced above. For: Title: &aer 4Ln-sd,. Date: )dan,L4A1U ° EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract 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 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: �Y* For; lhpcuA Title: L �e Date, az� n_a� c71 EEO COMPLIANCE DOCUMENTS - 3 E�h,�oI f JAT'RAY A PLACE TQ 1UH'i11p'IIC %mnding I Acwnrti:.ing 19raY�gi,:Cammunimtinna December 5, 2017 City of Kent Economic Development Building a Web Presence to Attract Investments I Kick off meeting and initial information gathering with staff 2 Review platform capabilities 3 Analyze existing collateral and messaging (strategic plans, work goals) 5 Build content and design plan 6 Project management Subtotal $4,935 7 Develop messaging platform, one round of revisions 8 Craft initial success story to showcase as template 9 Draft web copy 10 Review existing photography and select images I I Project management Subtotal $5,300 - m ro m 12 Work within templates to layout information 13 User Experience testing 14 ADA Optimization 15 Content loading + QA, interconnect with VisitKent.com 16 Custom, short URL 17 Project management Subtotal $5,775 TOTAL $16,010 Contingency of 10% $1,601 GRAND TOTAL $17,611 Approval I give Jay Ray my approval to proceed with this work, subject to JayRay's Standard Terms and Conditions. Signed 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 Llabll±y 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 farm providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. m r I I-I-qgft insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. C merclAl GeneraN Liability insurance shall be written with limits no less than $1,000,006 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 a ifi e of In an 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 AWII. E. Verification of Coverage Consultant shall furnish the City with origiinal' 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. CERTIFICATE OF LIABILITY INSURANCE OATS/2U(MMIDO/YV1'V) 5P2517 '.... 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 NAMEv Servco Pacific Insurance 'PHONE __-- ---- FA xi MAIL nDo"IE: ,sa. .ttt . ,5.er✓cnpcifatL INSURER(SI AFFORDING COVERAGE HAICN INSURER A Charter Oak Fire Insurance Company SH15 INSURED JAYRADS-01 INSURER a Traveiers Indemnitv('omnnnv of Amer SfiRR JayRay Ads&PR Inc. INSURER C Atlantic Sneci2 tv Insurance C'Omnan 7154 JayRay INSURER O. 535 Dock Street, ste 205 -- - Tacoma WA 98402 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1487331455 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 INDICATE❑. 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 AN75tl.rSUeR POLICYvEFF' IMM ooVll'rcwvl LIMITS LTR TYPE OF INSURANCE wcR ywn POLICY NUMRPR A GENERAL LIABILITY 680-1D925560-17-42 511 W2017 5/19/2018 EACH OCCURRENCE $1,000,000 IX COMMERCIAL GENERAL UARLITY bWMAGC Tr5RCn7Ytb PREMISES So osturni .. $300000 - CLAIMS MADE „C OCCUR MED EXP(APV one Person) 35,000 PERSONAL&ADVINJURY $1000000 GENERAL AGGREGATE $2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPiOP ASS $2000000 _ POLICY F 8" LOC Employers Liability $1,000,000 A AUTOMOBILE LIABILITY 680-11)925560-17-42 5/19/2017 5119/2018 UUMBIldeni 5I $11000000 ANY AUTO BODI LY INJURY(Per person) $ A O _-- SCHEDULED I AUTOS AUTOS BODILY INJURY(Per ecoldenl) & I X HIREDAUTOS X 'on -ONMED PROPEftfV OAMACxE - $ ,. .., .,., AUTOS (Pan actodrint)__ .. .... ........-.. 13 X UMBRELLA LIAB OCCUR CUP-5F3427BA-17-42 15/19/2017 5/19/2018 EACH OCCURRENCE $1000000 EXCESS LIAB CLAIMSMADE AGGREGATE $1,000,000 LED X RETENTION$5,000 $ A WORKERS COMPENSATION 680-ID925560-17-42 5/19/2017 5/19/2018 WC 5YAYU OTH- AND EMPLOYERS'LIABILITV YIN Ln vF..., ANY PROPRIETORlPARTNERIEXECUTIVE EL EACH ACCIDENT $ OFFIOERTA MEER EXCLUDED? ❑ NIA (Mandatory in NH) EL DISEASE-EA EMPLOYEE. $ fas,describe under -- -- DESCRIPTIONOFOPFRATIONShelnw EL DISEASE POLICY LIMIT $ C Professional Liability MEP1796417 6M 9/2017 5/19/2018 Limit 1.000.000 Aggregate 1,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AHach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate holder is Additional Insured as respects the General Liability policy per the attached endorsement. CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue S ACCORDANCE WITH THE POLICY PROVISIONS. Kent WA 98032 L... AUTHORIZED REPRESENTATIVE f.,.pq+rt'p✓a.Y,uawi..,�- �yrJczy�>, ©1988-2010 ACORD CORPORATION. All rights reserved. L. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ..... .... ..... ........ -........--- ....... ----. --..... .. .... .. ,,.,.,. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard". a) Only with respect to liability for'bodily injury", d) The insurance provided to the additional in- "property damage"or"personal injury"; and sured does not apply to "bodily injury" or b) If, and only to the extent that, the injury or "property damage" that occurs, or "personal damage is caused by acts or omissions of injury" arising out of an offense committed, you or your subcontractor in the performance while any separate liability insurance that you of "your work" to which the 'Written contract have procured for that person or organization requiring insurance" applies. The person or is in effect, regardless of whether the scope organization does not qualify as an additional or limits of insurance in this Coverage Part insured with respect to the independent acts exceed those of that separate liability insur- or omissions of such person or organization. ance or whether that separate liability insur- 2. The insurance provided to the additional 'insured ance is valid and collectible. by this endorsement is limited as follows: 3. The insurance provided to the additional insured by this endorsement is excess over any valid and a) In the event that the Limits of Insurance of collectible "other insurance", whether primary, this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is exceed the limits of liability required by the available to the additional insured for a loss we "written contract requiring insurance", the in- cover under this endorsement. surance provided to the additional insured shall be limited to the limits of liability re- 4• As a condition of coverage provided to the quired by that 'Written contract requiring in- additional insured by this endorsement: surance". This endorsement shall not in- a) The additional insured must give us written crease the limits of insurance described in notice as soon as practicable of an "occur- Section III—Limits Of Insurance. rence" or an offense which may result in a b) The insurance provided to the additional in- claim. To the extent possible, such notice sured does not apply to "bodily injury", "prop- should Include: erty damage" or "personal injury" arising out i. How, when and where the "occurrence" of the rendering of, or failure to render, any or offense took place; professional architectural, engineering or sur- it. The names and addresses of any injured veying services, including: persons and witnesses; and I. The preparing, approving, or failing to Ili. The nature and location of any injury or prepare or approve, maps, shop draw- damage arising out of the "occurrence" or ings, opinions, reports, surveys, field or- offense. ders or change orders, or the preparing, approving, or failing to prepare or ap- b) If a claim is made or "suit" is brought against prove, drawings and specifications; and the additional insured, the additional insured ii. Supervisory, inspection, architectural or must: engineering activities. I. Immediately record the specifics of the claim or"suit" and the date received; and CG D2 52 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY It. Notify us as soon as practicable. 5. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS: receive written notice of the claim or"suit" as "Written contract requiring insurance" means soon as practicable. that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or "suit", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the 'bodily injury" and "property damage" oc- the claim or defense against the "suit" and curs and the "personal injury" is caused by an otherwise comply with all policy condition,s. offense committed: d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or "suit" to contract or agreement by you; any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect; and cover under this endorsement. c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 52 08 05 Pulliam, Julie From: Bethany Doane <bdoane@jayray.com> Sent: Tuesday, December 26, 2017 8:59 AM To: Bridget Baeth; Pulliam, Julie Cc: Wilmot, Michelle Subject: RE: Please update and return Attachments: City of Kent Exp 051918.pdf Good morning Julie and Michelle. I hope you had a nice holiday! Our Kent business license renewal is due (and scheduled to be paid) 1/1. 1 will forward a copy of the license once I received it. Meanwhile, attached is our Certificate of Insurance with Kent named as additional insured, however it doesn't expire until May of 2018 so it should be the same one you already had. Let me know if you need anything else. Bethany Doane dAYRAY A PLACE TO THINK Branding I Advertising I Strategic Communications 535 Dock Street, Suite 205 1 Tacoma, WA 98402 P:253284.25301 www.iavray.com From: Bridget Baeth Sent: Wednesday, December 20, 2017 9:32 AM To: Pulliam,Julie<JPulliam c!kentwa.gov> Cc: Wilmot, Michelle <MWilmot@keritwa.gov Bethany Doane <bdoane "ayray com> Subject: RE: Please update and return Julie, I'm copying Bethany Doane our office manager who can take care of these things/apply again for these documents when she returns on December 26. I know the business license took a while last year... To confirm: we need a new certificate of insurance and a new Kent business license. FYI: I'm out next week December 26-29. Best, Bridget From: Pulliam,Julie [mailto:JPulliam kerrtwa, ov] Sent:Wednesday, December 20, 2017 9:29 AM To: Bridget Baeth<BBaeth@jgyray.com> Subject: RE: Please update and return Bridget, Yes, it has expired. Same with your business license. r Thank you, Julie From: Bridget Baeth [maipto BBaeth@jayray.com] Sent: Tuesday, December 19, 2017 4:42 PM To: Pulliam, Julie Cc: Wilmot, Michelle Subject: RE: Please update and return Julie, Do you mean we need to get a new certificate of liability? Our office manager who handles that is out of the office until December 26... If that's the case,we can just get the economic development contract signed January 3 when Ben returns. I've copied Michelle because 1 was thinking that Michelle had asked us to invoice you before the end of the year. Should we still go ahead and send the invoice with the updated liability certificate(on Dec.26 when our office manager returns and then Be" can sign contract after? Please advise. Best, Bridget From: Pulliam,Julie [mailto:JPuIliam(akentwa.eov] Sent:Tuesday, December 19, 2017 2:14 PM To: Bridget Baeth <BBaeth@iiayraY com> Subject: Please update and return Hi Bridget, Can you update the attached documents for your new agreement on the Economic Development website? If you can get them to me ASAP I will be able to get your contract signed today otherwise Ben will be out of the office till Jan 3re Thank you, Julie 2 r %+ NT 4/T, �� ecor KE {� �� y�nyp y�y j} , W'A5M B WGTdM I / �j Docu ! €en N�„ poi 11 i1i;%�ii/� 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: JayRay Ads & PR, Inc, Vendor Number: JD Edwards Number Contract Number: Amendment to EC18-0 1 (which is misnamed, should! be ECD Website) This is assigned by City Clerk's Office Project Name: ECD Website Description: ❑ Interlocal Agreement ❑ Change Order VI Amendment ❑ Contract 171 Other: Contract Effective Date: 4/1/18 Termination Date:4/30/18 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: hurt Hanson Department: ECD Contract Amount: $ 17,611 M Approval Authority: ® Director [:1 Mayor ❑' City Council Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): Please change the title of the original contract to ECD Website. Thank you. AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: JayRay Ads & PR, Inc., a Washington Corooration CONTRACT NAME & PROJECT NUMBER: Economic & Community Development Website, Contract # EC18-021 ORIGINAL AGREEMENT DATE: January 16, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No additional work added 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $17,611.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $17,611.00 including all previous amendments Current Amendment Sum $17,611.00 Applicable WSST Tax on this $ Amendment Revised Contract Sum $17,611.00 Amendment #1 Page 1 of 3 ^`t Original Time for Completion 3/31/2018 'r (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (t) for this 30 calendar days Amendment Revised Time for Completion 4/30/2018 (insert date) 1(' The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. -' The parties whose names appear below swear under penalty of perjury that they are #; authorized to enter into this Amendment, which is binding on the parties of this contract. { ;r. F� (Remainder of page left intentionally blank) Amendment #1 Page 2 of 3 t IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: ' (signature) (-51 J attire) Print Name: Bridget R. Baeth Print ame: Kurt Hanson _. Its: Principal, Senior Advisor Its: Director Date. (title) mtt. �. i Date: w NOTICES TO BE SENT Tt7:�.�.m..�._..mm.._._._ __._._...___ NOTICE TO BE SENT TO: CONSULTANT CITY OF KENT Bridget R. Baeth, Principle, 'Sr. Advisor Michelle Wilmot JayRay Ads & PR, Inc. City of Kent 535 Dock Street, #205 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (253) 627-6548 (telephone) (253) 856-5709 (telephone) Amendment #I. Page 3 of 3