HomeMy WebLinkAboutEC18-435 - Original - Sound Law Center, LLC - Hearing Examiner Services - 01/01/2019 �, T
Records Management Document
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 Clerks Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
Z Pink Sheet Attached
Vendor Name: Sound Law Center, LLC
Vendor Number (JDE): 348496
Contract Number (City Clerk): New 'Ec t�s -4-39;
Category: Contract Agreement
Sub-Category (if applicable),-, Choose cm ih.np.
Project Name: Hearing Examiner Services
Contract Execution Date: 1/1/2019 Termination Date: 12/31/2019
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Contract Manager: Kurt Hanson Department: ECD
Contract Amount: $175/hour
Approval Authority: E] Director Z Mayor F-1 City Council
Other Details: Prepared by Tanya Koser, 5461
.... ...... .. ...
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
SOUND LAW CENTER, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Sound Law Center, LLC organized under the laws of the State of Washington,
located and doing business at 4500 Ninth Ave NE, Suite 323; Seattle, WA 98105 (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:
Hearing Examiner Services as outlined in Exhibit A attached
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 on January 1, 2019. Consultant shall complete the work described in Section I by
December 31, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$175.00 an hour for services described in this agreement and further listed in Exhibit A.
This is the maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization of the
City in the form of a negotiated and executed amendment to this agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for
herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the
effective date of this Agreement.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement The City shall
provide payment within forty-five (45) days of receipt of an Invoice, If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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..
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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.
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.
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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.
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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. Recyglable 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 dispute,—ai Goyernino bow. 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
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award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
j 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. 6ssi ngme_nt. 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. rmpliance 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: Clty Business License Reguired. 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. A copy of the Consultants business license is attached as Exhibit C.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
(Remainder of page left blank intentionally)
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IN WITNESS, the parties below execute this Agreement, which shall become effective on
January 1, 2019. 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: CITY OF KENT:
By'- eY
(signature) (signature)
Print Name: ALe keon,'-'S Print Name; Dana Ralnh
Its Ee.r ,_.✓ '...) .r Its Mayor r
Date: k' tit%)Ii Date.. //�/�? ✓
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Contact: d a ,.y &P-ve-5 Kurt Hanson
Sound Law Center, LLC City of Kent
4500 Ninth Avenue NE, Ste. 300 220 Fourth Avenue South
Seattle, WA 98105 Kent, WA 98032
(206) 682-0700 (telephone) (253) 856-5454 (telephone)
206 829-2401 facsimile)
APPROV f? A / „i FORM
Kedt La t epartment
ATTEST:
Kent City Clerk
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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.
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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.
\\ 1
v d
Title: �/ tlticr
Date:
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 „ .,.....,....
_.
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
State Ment of Worrk
I. DESCRIPTION OF WORK
Contractor shall perform the following Hearing Examiner services for the City pursuant to the Kent City
Code:
A. As Contractor's primary responsibility, conduct hearings and make recommendations and/or decisions
on land use applications such as conditional use permits, variances, preliminary plats, and rezones;
B. When requested by the City, conduct hearings and make decisions on code enforcement matters; and
C. When requested by the City, review and hear other matters as provided for in the Kent City Code.
Contractor represents that the services furnished under the Agreement will be performed in accordance
with generally accepted professional practices within the Puget Sound region, and invoiced each month at
the rate of$175 per hour.
Attorneys Andrew Reeves and Lee Raaen are both available to hold hearings. The Planning Director or
designee may provide consent to a deputy hearing examiner from Sound Law Center to hold hearings if,
for good cause, neither Mr. Reeves nor Mr. Raaen are available due to exigent circumstances.
EXHIBIT A - 1
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EXHIBIT B
UNSURANCE REQUIREMENTS
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.
Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. A tam bile 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 and
shall cover liability arising from premises, operations, Independent contractors, products-
completed operations, personal injury and advertising injury, and liability assumed under an
insured contract. The City shall be named as an 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.
4. Professional Liability insurance appropriate to the Consultant's profession.
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Aut2n1al�le Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations
aggregate limit.
3. Professional LlabBllty insurance shall be written with limits no less than $1,000,000 per claim
and $1,000,000 policy aggregate limit.
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.
EXHIBIT B - 1
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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 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 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 Contractor 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.
EXHIBIT B - 2
CNA SB-1(Ed. 06E20
(Ed. 06/11)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Policy.
1. ADDITIONAL INSURED— BLANKET VENDORS h. "Bodily injury" or "property damage" arising
WHO IS AN INSURED is amended to include as an out of the sole negligence of the vendor for
additional insured any person or organization its own acts or omissions or those its
(referred to below as vendor) with whom you employees anyone else acting its
agreed, because of a written contract or agreement behalf. However, this exclusion doess n not
to provide insurance, but only with respect to "bodily apply to:
injury" or "property damage" arising out of "your (1) The exceptions contained in
products" which are distributed or sold in the regular Subparagraphs d. or f.; or
course of the vendor's business, subject to the
following additional exclusions: (2) Such inspections, adjustments, tests or
servicing as the vendor has agreed to
1. The insurance afforded the vendor does not make or normally undertakes to make
apply to: in the usual course of business, in
a. "Bodily injury" or "property damage" for connection with the distribution or sale
which the vendor is obligated to pay of the products.
damages by reason of the assumption of 2. This insurance does not apply to any insured
liability in a contract or agreement. This person or organization, from whom you have
exclusion does not apply to liability for acquired such products, or any ingredient, part
damages that the vendor would have in the or container, entering into, accompanying or
absence of the contract or agreement; containing such products.
b. Any express warranty unauthorized by you; 3. This provision 2. does not apply to any vendor
c. Any physical or chemical change in the included as an insured by an endorsement
product made intentionally by the vendor; issued by us and made a part of this Policy.
d. Repackaging, except when unpacked solely 4. This provision 2. does not apply if "bodily injury"
or "property damage" included within the
for the purpose ofinspection,edsolely
demonstration, testing, or the substitution of "products-completed operations hazard" is
parts under tang, r theions from the excluded either by the provisions of the Policy or
by endorsement.
manufacturer, and then repackaged in the
original container, 2. MISCELLANEOUS ADDITIONAL INSUREDS
e. Any failure to make such inspections, WHO IS AN INSURED is amended to include as an
adjustments, tests or servicing as the insured any person or organization (called additional
vendor has agreed to make or normally insured) described in paragraphs 2.a. through 2.h.
undertakes to make in the usual course of below whom you are required to add as an
business, in connection with the distribution additional insured on this policy under a written
or sale of the products; contract or agreement but the written contract or
f. Demonstration, installation, servicing or agreement must be:
repair operations, except such operations 1. Currently in effect or becoming effective during
performed at the vendor's premises in the term of this policy; and
connection with the sale of the product; 2. Executed prior to the "bodily injury," "property
g. Products which, after distribution or sale by damage" or "personal and advertising injury,"
you, have been labeled or relabeled or used but
as a container, part or ingredient of any Only the following persons or organizations are
other thing or substance by or for the additional insureds under this endorsement and
vendor; or coverage provided to such additional insureds is
limited as provided herein:
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a. Additional Insured—Your Work (b) The construction, erection, or
That person or organization for whom you removal of elevators; or
do work is an additional insured solely for (2) This insurance applies only with respect
liability due to your negligence specifically to operations performed by you or on
resulting from your work for the additional your behalf for which the state or
insured which is the subject of the written political subdivision has issued a permit.
contract or written agreement. No coverage This insurance does not apply to "bodily
applies to liability resulting from the sole
negligence of the additional insured. injury," "property damage' or "personal and
advertising injury" arising out of operations
The insurance provided to the additional performed for the state or municipality.
insured is limited as follows:
c. Controlling Interest
(1) The Limits of Insurance applicable to the additional insured are those Any persons or organizations with a
specified in the written contract or controlling interest in you but only with
written agreement or in the Declarations respect to their liability arising out of:
of this policy, whichever is less. These (1) Their financial control of you; or
Limits of Insurance are inclusive of, and
not in addition to, the Limits of (2) Premises they own, maintain or control
Insurance shown in the Declarations. while you lease or occupy these
premises.
(2) The coverage provided to the additional
insured by this endorsement and This insurance does not apply to structural
paragraph i of the definition of alterations, new construction and demolition
"insured contract" under Liability and operations performed by or for such
Medical Expenses Definitions do not additional insured.
apply to "bodily injury" or "property d. Managers or Lessors of Premises
damage" arising out of the "products-
completed operations hazard" unless A manager or lessor of premises but only
required by the written contract or with respect to liability arising out of the
written agreement. ownership, maintenance or use of that
specific part of the premises leased to you
(3) The insurance provided to the additional and subject to the following additional
insured does not apply to "bodily injury," exclusions:
"property damage," or "personal and
advertising injury" arising out of the This insurance does not apply to:
rendering or failure to render any (1) Any "occurrence" which takes place
professional services. after you cease to be a tenant in that
b. State or Political Subdivisions premises; or
A state or political subdivision subject to the (2) Structural alterations, new construction
following provisions: or demolition operations performed by
or on behalf of such additional insured.
(1) This insurance applies only with respect
to the following hazards for which the e. Mortgagee, Assignee or Receiver
state or political subdivision has issued A mortgagee, assignee or receiver but only
a permit in connection with premises with respect to their liability as mortgagee,
you own, rent, or control and to which assignee, or receiver and arising out of the
this insurance applies: ownership, maintenance, or use of a
(a) The existence, maintenance, repair, premises by you.
construction, erection, or removal of This insurance does not apply to structural
advertising signs, awnings, alterations, new construction or demolition
canopies, cellar entrances, coal operations performed by or for such
holes, driveways, manholes, additional insured.
marquees, hoistaway openings,
sidewalk vaults, street banners, or f. Owners/Other Interests— Land is Leased
decorations and similar exposures; An owner or other interest from whom land
or has been leased by you but only with
respect to liability arising out of the
ownership, maintenance or use of that
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specific part of the land leased to you and a written contract or written agreement
subject to the following additional specifically requires that this insurance
exclusions: be either primary or primary and
This insurance does not apply to: noncontributing.
(1) Any"occurrence" which takes place 4. LEGAL LIABILITY— DAMAGE TO PREMISES
after you cease to lease that land; A. Under B. Exclusions, 1. Applicable to
or Business Liability Coverage, Exclusion k.
(2) Structural alterations, new Damage To Property, is replaced by the
construction or demolition following:
operations performed by or on k. Damage To Property
behalf of such additional insured.
"Property damage" to:
g. Co-owner of Insured Premises
1. Property you own, rent or occupy,
A co-owner of a premises co-owned by you including any costs or expenses
and covered under this insurance but only incurred by you, or any other
with respect to the co-owners liability as co- person, organization or entity, for
owner of such premises. repair, replacement, enhancement,
h. Lessor of Equipment restoration or maintenance of such
property for any reason, including
Any person or organization from whom you prevention of injury to a person or
lease equipment. Such person or damage to another's property;
organization are insureds only with respect
to their liability arising out of the 2. Premises you sell, give away or
maintenance, operation or use by you of abandon, if the "property damage"
equipment leased to you by such person or arises out of any part of those
organization. A person's or organization's premises;
status as an insured under this 3. Property loaned to you;
endorsement ends when their written
contract or agreement with you for such 4. Personal property in the care,
leased equipment ends. custody or control of the insured;
With respect to the insurance afforded 5. That particular part of any real
these additional insureds, the following property on which you or any
additional exclusions apply: contractors or subcontractors
working directly or indirectly in your
This insurance does not apply: behalf are performing operations, if
(1) To any "occurrence" which takes place the "property damage" arises out of
after the equipment lease expires; or those operations; or
(2) To "bodily injury," "property damage" or 6. That particular part of any property
"personal and advertising injury" arising that must be restored, repaired or
out of the sole negligence of such replaced because "your work" was
additional insured. incorrectly performed on it.
Any insurance provided to an additional insured Paragraph 2 of this exclusion does not
designated under paragraphs b. through h. apply if the premises are "your work"
above does not apply to "bodily injury" or and were never occupied, rented or
"property damage" included within the held for rental by you.
.'products-completed operations hazard." Paragraphs 1, 3, and 4, of this
3. The following is added to Paragraph H. of the exclusion do not apply to "property
BUSINESSOWNERS COMMON POLICY damage" (other than damage by fire or
CONDITIONS: explosion) to premises:
H. Other Insurance (1) rented to you:
4. This insurance is excess over any other (2) temporarily occupied by you with
insurance naming the additional insured the permission of the owner, or
as an insured whether primary, excess, (3) to the contents of premises rented
contingent or on any other basis unless to you for a period of 7 or fewer
consecutive days.
SB-146932-E20 Page 3 of 5
(Ed. 06/11)
CNA SB-1(Ed. 06E20
(Ed. O6l11)
i
A separate limit of insurance applies to 'occurrence," offense, claim or "suit" is
Damage To Premises Rented To You known to:
as described in Section D — Liability and
j Medical Expenses Limits of Insurance. (1) You or any additional insured that is an
individual;
Paragraphs 3, 4, 5, and 6 of this
exclusion do not apply to liability (2) Any partner, if you or an additional
assumed under a sidetrack agreement, insured is a partnership;
Paragraph 6 of this exclusion does not (3) Any manager, if you or an additional
apply to "property damage" included in insured is a limited liability company;
the "products-completed operations (4) Any "executive officer" or insurance
hazard." manager, if you or an additional insured
B. Under B. Exclusions, 1. Applicable to is a corporation;
Business Liability Coverage, the last (5) Any trustee, if you or an additional
paragraph of 2. Exclusions is deleted and insured is a trust; or
replaced by the following:
(6) Any elected or appointed official, if you
Exclusions c, d, e, f, g, h, i, k, I, m, n, and or an additional insured is a political
o, do not apply to damage by fire to subdivision or public entity.
premises while rented to you or temporarily
occupied by you with permission of the This paragraph e. applies separately to you
owner or to the contents of premises rented and any additional insured.
to you for a period of 7 or fewer consecutive 7. Bodily Injury
days. A separate limit of insurance applies
to this coverage as described in Section D. Section F. Liability and Medical Expenses
Liability And Medical Expenses Limits Of Definitions, item 3. "Bodily Injury" is deleted
Insurance. and replaced with the following:
C. The first Paragraph under item 5. Damage "Bodily injury" means bodily injury, sickness or
To Premises Rented To You Limit of disease sustained by a person, including death,
Section D. Liability And Medical humiliation, shock, mental anguish or mental
Expenses Limits Of Insurance is replaced injury by that person at any time which results
by the following: as a consequence of the bodily injury, sickness
or disease.
The most we will pay under Business
Liability for damages because of "property 8. Expanded Personal and Advertising Injury
damage" to any one premises, while Definition
rented to you, or temporarily occupied by a. The following is added to Section F.
you, with the permission of the owner, Liability and Medical Expenses
including contents of such premises rented Definitions, item 14. Personal and
to you for a period of 7 or fewer consecutive Advertising Injury, in the
days, is the Damage to Premises Rented to Businessowners General Liability
You limit shown in the Declaration. Coverage Form:
5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in
We waive any right of recovery we may have injury to the feelings or reputation of a
against: natural person, but only if such
discrimination or humiliation is:
a. Any person or organization with whom you
have a written contract that requires such a 1. Not done intentionally by or at the
waiver. direction of:
6. Broad Knowledge of Occurrence a. The insured; or
The following items are added to E. b. Any "executive officer," director,
Businessowners General Liability stockholder, partner, member or
Conditions in the Businessowners Liability manager (if you are a limited liability
Coverage Form: company) of the insured; and
e. Paragraphs a. and b. apply to you or to any 2. Not directly or indirectly related to the
additional insured only when such employment, prospective employment,
past employment or termination of
SB-146932-E20 Page 4 of 5
(Ed. 06111)
CNA SB-1(Ed. 06E20
(Ed. 06/11)
employment of any person or person by c. This provision (Expanded Personal and
any insured. Advertising Injury) does not apply if
b Personal and Advertising Injury Liability
. The following is added to Exclusions,
Section B.: is excluded either by the provisions of the
Policy or by endorsement.
(15)Discrimination Relating to Room, 9. Personal and Advertising Injury Re-defined
Dwelling or Premises
Caused by discrimination directly or Section F. Liability and Medical Expenses
indirectly related the sale, rental, Definitions, item 14, Personal Advertising Injury,
lease or sub-lease or prospective sale, Paragraph c. is replaced by the following:
rental, lease or sub-lease of any room, c. The wrongful eviction from, wrongful entry
dwelling or premises by or at the into, or invasion of the right of private
direction of any insured. occupancy of a room dwelling or premises
(16)Fines or Penalties that a person or organization occupies
committed by or on behalf of its owner,
Fines or penalties levied or imposed by landlord or lessor.
a governmental entity because of
discrimination.
SB-146932-E20 Page 5 of 5
(Ed. 06/11)
^; CERTIFICATE OF LIABILITY INSURANCE DA12123�2D17
__.
THIS CERTIFICATE 15 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 certificate holder is an ADDITIONAL INSURED,'tklt ppl4cy(ly us) ITau'sf Move AODYTIUNAL INSURED provisions or 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 Hsu of such ondoreement(s).
PRODUCER CONTACT
NAME:
,
CS&SIHUB INTNL NORTHWEST LLC PHONE __. .-,.._ _._., _ Paz
PO BOX 946580 EMAIL
AD
' AGGRESS: ..
Maitland,FL 32794-6580 _ INSURII AFFORDING COVERAGE NAIC#
1-866.816.9592 INSURER A: National Fire Insurance of Hartford 20478
'
INSURED - INSURERS
SOUND LAW CENTER INSURERC:
4500 9TH AVE NE INSURER D
SUITE 300 INSURER E
SEATTLE,WA 98105 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. NOTWITHSTANDINGANY 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.
RSR ®® WOL S5UDR - POUCYEFF --- POLICY EXP
`1.1R TYPE OF INSUI Use, prvD POUCYNUMBER IMMmnnV1 LIMITS
IGrN'LAG(3HgaATELIMJTAPPLIESPEn;
MMEROIALGENERALLIAfiIaFTY Y 5094976328 02/01/18 021/ 1/19 EACHOODURRENOE $ 2000.000
CLAIMS-MADE 1z COCUw. PAMAGAT MINTED 300.000
MED EXP(Any one person) $_..10,000
-' PERSONAL&ADV INJURY $�2.000.000
. ............
GENERAL AGGREGATE' $ 4,000.000
JECT �/ ` PRODUCTS-CONNORAGO $ 4.000.000
ICY /'M NER:.
A 1AUTOMOBILEMINUITY 5094976328 02101/18 02/01/19 COMBINED SINGLE LIMIT
(Ea accldent) $ 1,000,000
ANY AUTO - BODILY INJURY(Per_Oersor6
OWNEDAUTOS SCHEDULED ONLY U
BODILY INJURV(Per pcSRfartl) $
ATOS
HIRED AUTOS x NON-OWNED PROPERTY DAMAGE
ONLY '.. AUTOS ONLY (Per accldent) $
$
UMBRELLA BAR OCCUR m _ _ EACH OCCURRENCE
• EXFES9 UAB QLAIMS•MADE AGGREGATE $'
'RED RETENTION$
WORKERS COMPENSATION�... - H- -.
AND EMPLOYERS'LIABILITY YIN STATUTE ER
ANY PHGPRIETORIPARTNE&FXECIJTIVE ..mm�,�m�T
OFHCEWMEMUER EXCLUDED? N/A E.L.EACH ACCIDENT
(Mandatary In NH)UE.L.DISEASE-EA EMPLOYEE $
as,Uoscdbe Under SCLILTONOFOPERATIONSbel. I E.L.DISEASE-POLICY LIMIT $
OTM-
eTRER STATUTE ES
E.L.EACH ACCIDENT $
' - E,L,DISEASE-EA EMPLOYEE $
E.L.DISEASE-POLICY LIMIT $ "
ssc P190TS O1iERA ! Ds-i c1iYP5'Fr7' Ic A' rd DT,.rNaTitaFaT mar a odern,mayDoollaanadl InproaPaca Areyeieai
Certificate Holder Is added as an additional Insured as provided in the blanket additional insured endorsement as It pertains to work
being performed by the named insured under written contract.
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED P,OLIC4ES BE CANCELLED BEFORE
.. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
220 Fourth Ave.S. -
Kent,WA98031 a'2EDREPPl'
01988-2015 ACORD CORPORATION.All rights reserved,
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORO .
EXHIBIT C
KENT BOOM LICENSE
EXHIBIT C - 1
City of Kent
Business License
T
SOUND LAW CENTER LLC
4500 9TH AVE NE SUITE 300
SEATTLE, WA 98105
lil
Please tear at perforation
--——————-----——------———————---——————---—---——--
0 BUSINESS LICENSE Per RCW 82 t4 local sales
No
uw tax rivast be cadd
LICENSE MUST,HE PAID ANNUALLY BY No. i7l5forallqualilicii
salea within�h.city of
JANUARY I St TO AVOID PENALTY
Kent;
EN T issuance of License Due,Not Imply Licensee'&
i n o,u I COmPliance with State anal Local Laws
61I&,IAdNSE NIMI'RE POSTFI)IN A.CONSPICKJOUS
PALACE.NOT TRANSFERABLE OR ASSIGNABLE 2018
j (NAME AND ADDRFS'S'OF 0119INUSS
BLoc-2170101 CL,
�SCAJND LAW CENTER LLC MAYOR
4500 9TH AVE NE surrv. 30o
Tax Registration The City of Kent
SEATTLE, WA 98105 Endorsement A,oja4 VIJ AV F,,e0
K�,NT.WaRrl[Not(Oc OA012
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