HomeMy WebLinkAboutCAG2019-066 - Original - 2019 Goals to Strengthen & Develop Downtown Kent �10T 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 Clerk's Office at 253-856-5725.
Vendor Name: Kent Downtown Partnership
34231
Vendor Number (]DE):
Contract Number (City Clerk): L (7{"I ✓ou(
Category: Contract Agreement
Sub-Category (if applicable): None
Project Name: Kent PR
01/01/2019 12/31/2019
Contract Execution Date: Termination Date:
Contract Manager: Michelle Wilmot Department: ECD
Contract Amount: 33600.00
Budgeted: 1-1 Grant?
Part of NEW Budget: a El Local: IJ State: ❑ Federal:
Related to a New Position: Notice required prior to public disclosure?
Basis for Selection of Contractor? Other
Approval Authority: ❑ Director Z Mayor City Council
Other Details:
Contract drafted by T Kosen
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
KENT DOWNTOWN PARTNERSHIP
THIS AGREEMENT Is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Kent Downtown Partnership, a charity organized under the laws of the State
of Washington, located and doing business at 202 West Gowe Street, Suite A Kent, WA 98032, 253-813-
6976 (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:
Scope of Work attached to this contract 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 on January 1, 2019. Consultant shall complete the work described in Section I by
December 31, 2019.
II. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Thirty-Three Thousand Six Hundred and 00/10D Dollars ($33,600.00), for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement
for the work described in Section I above, and shall not be exceeded without the prior
written authorization of the City in the form of a negotiated and executed amendment to
this agreement. The Consultant agrees that the hourly or flat rate charged by it for its
services contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement.
B. The Consultant shall submit monthly payment Invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
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.
DOWNTOWN KENT PROMOTION - 1
Kent Downtown Partnership
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.
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
DOWNTOWN KENT PROMOTION - 2
Kent Downtown Partnership
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 Mat rlals,. 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. ResolWtJ!2l2 gf DISDutes and Ggvgrn6no 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; providgd, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement.
DOWNTOWN KENT PROMOTION - 3
Kent Downtown Partnership
D. Wri n_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.
F. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public c d A t. 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.
1. City 6uslness License Rgguti:d. 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. The business license is attached as Exhibit C.
K. Counteroarts Signatures by Fax_9LJEmpil. 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)
DOWNTOWN KENT PROMOTION - 4
Kent Downtown Partnership
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: �G��
—_
(s�gnat� (signature)
Print Name: Barbara Smith Print Name: Dana Ralph
Its Executive Director Its, Mayor } q
Date: Date:
�L tom.....
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Barbara Smith Michelle Wilmot
Kent Downtown Partnership City of Kent
202 W Gowe St, Suite A 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
253-813-6976 (telephone) 253-856-5709 (telephone)
APPRO'MAE AS FORM:
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Ke La apartment
ATTrE/SSTT:
Cam'
Ke t Clt4 Clerk —�._._.. .
DOWNTOWN KENT PROMOTION - 5
Kent Downtown Partnership
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,
sull5eaTracto`r..&""supp it 66 this specific Agreement to adtfere td:... An afflrmative response Is required on
all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor
or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a
breach of contract and it will be at the City's sole determination regarding suspension or termination for all
or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race,
color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
By;
- � (?
For:
Date:
c
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTIIATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
StiSJE�fi: ---MINORr AND-WOMEN--- .. ..sUPERSEDE'S: Aprll 1, 199fi
CONTRACTORS APPROVED BY Jim White, Mayor
POLCSY;
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, polcles and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
i
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies. �.
The fotlowtng 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.
By: � �--' 'nr
For:
Title: m
Date:
EEO COMPLIANCE DOCUMENTS - 1
i
EXHIBIT A
l
Exhibit A - 1
KI;N,I.
DOWNTOWN
PARTNERSHIP
EXHIBIT A
Kent Downtown Partnership 2019 Goals; Subdivided by Program
Two Guiding Strategies
I. Positioning downtown Kent as a Cultural District; attract people and businesses through
celebration of Kent's uniquely wide array of cultural communities.
H. Bolstering the historic area of downtown Kent as a place where everything you need is
within walking distance in our active, clean, and safe downtown. Spaces are filled with
businesses that attract customers all hours of the day, and KDP activities are geared toward
downtown restaurants.
ORGANIZATIONAL GOALS: The Kent Downtown Partnership serves as a partner between businesses,
property owners, residents, non-profit organizations and the City of Kent to strengthen and develop a
vibrant downtown Kent through its organization, design, promotion and economic development.
Actions: $10,000
1. Oversee that more activities and events are created for our diverse culture to participate in.
2. Continue to create a sense of community in downtown through our newly designated
"neighborhood association" status.
3. Continue to work with Mayor Ralph, the City Administrative Officer and city departments to
ensure that the downtown becomes a more dynamic place to live, work and play.
4. Work closely with the City's Economic & Community Development Department to insure that
the downtown is considered in any changes or improvements that would affect the downtown.
5. Assist the city in continuing ways to gain exposure and fundraise for the replica of the Lunar
Rover to be built.
6. Build new partnerships on behalf of the historic downtown, including activities intended to grow
organizational membership.
DESIGN COMMITTEE GOALS: The goal is to create an environment in historical downtown of vibrancy, a
safe and friendly place to shop and bring the family.
Actions: $2,600
1. Continue our work to bring more art into downtown, such as the mural that was created and
hung in downtown 12018.
2. Continue with our monthly "Third Thursday Art Nights", bringing new artists into downtown and
their followers.
3. Continue to show support to Nancy Simpson's efforts of placing additional historical plaques on
buildings in downtown.
SAFETY &SECURITY COMMITTEE GOALS: To create an environment that downtown is a safe place to
live, shop and bring the family.
Actions $3,000
1. Host monthly meetings with Kent Police Department at our regional library, inviting businesses
and residents, including our churches, Kent Station to attend (supporting City outreach efforts).
2. Work with the City in hosting the annual TeamUp2CleanUp events; now have grown to two
annually.
ART COMMITTEE GOALS: To oversee the monthly Third Thursday Art Nights which include multiple
artists, located in several different businesses in downtown as well as a new musician each month.
Actions $3,000
1. Art Night creates opportunities for artists to exhibit their work on a permanent basis and
potentially want their own studio in downtown
2. Connect downtown to Kent Station with creation of art displays around downtown; metal
sculptures, dragonflies on the light poles, etc.
3. Cross promote cultural events that already happen in downtown, or create or recruit additional
events.
ECONOMIC DEVELOPMENT COMMITTEE GOALS: To sustain and grow the businesses we have and bring
new businesses into downtown. They are to work with the city and developers to build residential
housing downtown, provide affordable education opportunities for our businesses and continue
enhancing our communications with property and business owners.
Actions $3,000
1. Identify and/or recruit new businesses that will bring people downtown; retail and restaurants.
2. Provide or support educational program for businesses to help them grow their business.
3. Set-up a meeting with Sound Transit and Light Rail with our neighborhood association
organization and businesses to attend for them to learn about the projects and ask questions.
PROMOTIONS & MARKETING COMMITTEE GOALS: Market Downtown Kent and all its businesses and
neighborhoods and develop new strategies that education more people ab out reasons they should
come into downtown. Provide multiple reasons for people to come into our historic downtown.
Actions $12,000
1. Secure more volunteers on behalf of beautifying, enriching, or improving quality experiences in
Kent's historic downtown Solicit participation or recruit additional service groups, non-profits,
and organizations to cross promote activities and events occurring in downtown Kent.
2. Create new events to welcome our diverse cultures into downtown; such as, hosting an Art in
the Park where we personally invite and showcase our community's diverse array of cultures.
3. Create a new event where we invite youth to showcase their art by hosting another Art in the
Park; these two events would be on the weekend when people are better able to attend.
4. Do a survey to find out what the 35 and younger population that live within five minutes of
downtown, want and what time of day, day of the week could they participate? We would work
with our neighborhood association to make this happen.
i
AMIN
DOWNTOWN
PARTPIRRSHIP November 26,2018
City of Kent
Mr.Kurt Hanson,Director
Economic&Community Development
220 Fourth Avenue,South
Kent,WA 98032
Dear Mr. Hanson:
The Kent Downtown Partnership would like to thank the Cky of Kent,the Mayor,Kent City Council and
the Economic&Community Development Department for their continued support of our efforts to
revitalize historical downtown Kent.
This past year has been another amazing year based on all the things that have happened to improve
the look and feel of Downtown Kent. The partnerships we have with the City of Kent and all its
departments are why this has happened. It is obvious that we all want the same thing for our
downtown and are working"together"to achieve this. We thoroughly enjoy our working relationship
with other organizations throughout downtown,including our service dubs,museum,etc.
Kent Downtown Partnership is aware of the importance of the financial support shown us by the City of
Kent.
I have submitted the new contract for the 2019 year. Should you have any questions,please do not
hesitate to ask. You can reach me at 253-913-6976.
Thank you for your continued support. We are excited about what we will all be able to accomplish in
2019 by working together. The downtown continues to become more-and-more vibrant and alive with
activity.
Respectfully,
Barbara Smith,Executive Director
=westGowe str"L Sulte A.KeM',w/l 9eo3z
253-613-W6 w .downla kwrwmm
EXHIBIT B
INSURANCE REQUIREMENTS FOFI
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.
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.
Qgmmercial General Liabiiity insurance shall be written on ISO occurrence form
CG 00 01, The City shall be named as an Additional Insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City using ISO additional insured endorsement CG 20 10
11 85 or a substitute endorsement providing equivalent coverage.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Luablliky 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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liabllity 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
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 ail of the same insurance requirements as stated herein for the Consultant.
Exhibit B - 2
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POLICY NUMBER:6011382612 COMMERCIAL GENERAL LIABILITY
CG 20 26 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
Thus-endersemefnt-+1»"ftsinautenee-provded-underthe-fo4Gwin9; -------- _
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s)or Organization(s):
City of Kent
220 Fourth Avenue South
Kent,WA 98032
Information required to Complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following is added to
organization(s) shown in the Schedule, but only Section III—Limits Of Insurance:
with respect to liability for "bodily injury", "property If coverage provided to the additional insured is
damage" or "personal and advertising injury" required by a contract or agreement, the most we
caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the
omissions or the acts or omissions of those acting amount of insurance:
on your behalf:
1. In the performance of your ongoing operations; 1. Required by the contract or agreement;or
or 2. Available under the applicable Limits of
2. In connection with your premises owned by or Insurance shown in the Declarations;
rented to you. whichever is less.
However: This endorsement shall not increase the applicable
1. The insurance afforded to such additional Limits of Insurance shown in the Declarations.
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
CG 20 26 0413 C Insurance Services Office, Inc., 2012 Page 1 of 1
EXHIBIT C
City of Kent Business License
Exhibit C - 1
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