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HomeMy WebLinkAboutCAG2019-071 - Original - Nexus Youth & Families - Arcadia House - 02/19/2019 KENT 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: Nexus Youth & Families .... ...... Vendor Number (JDE): Contract Number (City Clerk): Category: Contract Agreement ............. Sub-Category (if applicable): Choose lan item. Project Name: Nexus Arcadia House Contract Execution Date: 1-1-2019 Termination Date: 12-31-2020 Contract Manager: Lori Guilfoyle Department: Parks Contract Amount: $20,000 ($10,000 per year) ............... Budgeted: Z Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: E] Related to a New Position: ❑ Basis for Selection of Contractor? Bid: ❑ RFP: Z Small Works Roster: ❑ Quotes: ❑ Approval Authority: 0 Director ❑ Mayor ❑ City Council Other Details: ................ ........... KEN CONSULTANT RV Mi N between e City Nexus Youth & Families THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Nexus Youth & Families organized under the laws of the State of Washington, located and doing business at 1000 Auburn Way S„ Auburn, WA 98002 and (253) 351-6059 (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: Case management, Drop-in center or street outreach services to homeless youth and young adults. Youth get help meeting their basic needs such as food, showers, laundry, and warmth items; connecting with supportive adults; accessing other resources and getting referrals to needed services. The following exhibits are attached and incorporated by this reference as if fully set forth herein; Exhibit A, Scope and Schedule of Work, Exhibit B, Insurance Exhibit and Exhibit C, Debarment Certification. 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 12/31/2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $20,000 ($10,000 per year), 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 quarterly 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER IN STRJAL CONSULTANT SERVICES AGREEMENT- 2 ($20,000 or Less) 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. Regy rlj�,4Jg, Mlaterl&. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Goven7lno L=. 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 CONSULTANT SERVICES AGREEMENT- 3 ($20,000 or Less) in defending or bringing such claim or lawsuit, including ali appeals, in addition to any other recovery or award provided by law; pr_9v, Al 0, however, nothing in this paragraph shall be construed to limit the Clty'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. ASSioR . 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. Modificatiors. 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. ntCre_AgLeeMgA. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws.. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in Its performance of this Agreement may be subject to public review and disclosure, even if.those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 1. City Business LIceo§g_&ggULr.Cd. 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 d by Fax or Emg . 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. CONSULTANT SERVICES AGREEMENT- 4 ($20,000 or Less) 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: CITY OF KENT: 9 " ..miy. ✓mom Y " A By: ) By: _ r 1 (signature) Print Name: Shelly Pric o Pri ame. Parascocrdola Its: FrPrritiva nirarhnr Its: Parks Durector DATE: it1e)�91 DATE, i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Shelly Pricco Lori Guilfoyle Nexus Youth & Families City of Kent 1000 Auburn Way S. 220 Fourth Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 351-6059 (telephone) 253-856-5061 (telephone) N/A (facsimile) 253-856-6070 facsimile) ATTE : Kent I Clerk. 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. 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 agr to fulfill the five requirements referenced above. By: ! Q For: ._ e Title: f-rr 7Cn 11, 7_[�iJ2 Date: f _ 19 ' ' 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. 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 Fo r: Title: Date: Exhibit rem. gp Scope and Schedule of or PARKS, RECREATION A 2019-2020 Consultant Services Agreement COMMUMW SERVICES .. ......... ....._ ... . A an Nexus Youth &Families 2019 Fundina 10000, Pr ram: Nexus Arcadia House 2020 Funding: 10 000 This funding Case management, Drop-in center or street outreach $20,000 will provide: services to homeless youth and young adults. Youth Total: get help meeting their basic needs such as food, showers, laundry, and warmth items; connecting with supportive adults; accessing other resources ..... and getting referrals to needed services. Annual ram Service Units: Pro ram Outcomes: opal Program Residents 20 Meeting Basic Needs Unduplicated Case Management (in dividual 20 service plans) ................ Contacts 25 Pursuant to Item I. of the Consultant Services Agreement (CSA) executed on lanuary i, 2019, Consultant shall provide the approximate number of City of Kent clients with the following services each year of the CSA: Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Kent clients served 5 5 Case Management 5 5 Contacts 6 6 2nd Unduplicated City of Kent clients served 5 10 Case Management 5 10 Contacts 6 12 3rd Unduplicated City of Kent clients served 5 15 Case Management 5 15 Contacts 6 18 _._............ 4th Unduplicated City of Kent clients served 5 20 Case Management 5 20 Contacts 7 25 The above services shall be provided by December 31, 2019 for year one of the two-year agreement and December 31, 2020 for year two of the agreement. Contract Administration - The Consultant shall notify the City, in writing, within ten (10) days of any changes in program personnel or board membership. - The Consultant shall provide the City with a current list of its board of directors, general or limited partners, as applicable. - All records related to the CSA must be retained for three (3) years plus the current year. Exhibit A (continued) @ Scope and Schedule of Work w. K NT 2019-2020 Consultant Services Agreement PARKS, RECREATION a CQMMVNIT 9ERVICES Aaencv: Nexus Youth & Families _ __ 2019 Fundino: $10,000 Proaram: Nexus Arcadia House 2020 Fundiri $10,000 This funding Case management, Drop-in center or street outreach $20,000 will provide: services to homeless youth and young adults. Youth Total: get help meeting their basic needs such as food, showers, laundry, and warmth items; connecting with supportive adults; accessing other resources and getting referrals to needed services. Reporting Requirements and Timeline All data and required forms shall be submitted electronically. Service Unit Report - Data from this form will be used to track each program's progress toward meeting the goals stipulated in the Scope of Work. It shall be submitted quarterly, no later than the 15th of the month following the end of the quarter (i.e. April 15, July 15, Oct 15, Jan 15), along with the Reimbursement Request. Reimbursement Request-This form will be filled out electronically and serve as the invoicing mechanism for payment to your agency/program. It shall be submitted quarterly, no later than the 15th of the month following the end of the quarter(i.e. April 15, July 15, Oct 15, Jan 8), unless otherwise specified. Demographic Data Report- The agency shall collect and retain the data requested on this form from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually (by January 15). Annual Outcome Data Report - Outcome data shall be submitted no later than the 15th fallowing the end of the second quarter (i.e. July 15). Data should demonstrate the program's progress toward Outcomes specified in the Scope of Work. Reaort Due Date Service Unit Report and Reimbursement i5�N day following each quarter Request Final Reimbursement_Request (4`h Qtr) January 811, 2020/January 81h 2021 Demographic Data Report January 1511, 2020/January 151h, 2021 Annual Outcome Data Report -January, 1519' 2020/January 1Sth 2021 Signature Please sign below to in cote acceptance of the Year 2019 and Year 2020 Performance Measures listed above, OAL Shel y P loco, E utive Director, Nexus Youth & Families Date Merl a Ha so man Services Manager Date - All records related to this CSA must be retained for three (3) years plus the current year. EXHIBIT R cot T uT INSURANCE REQUIREMENTS FOR REEIA+1 T' Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. nmerclal General Liablllty 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. rk<ers' Comoen i n_coverage as required by the Industrial Insurance laws of the State of Washington, B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT n i u 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 Certifi01q of Insurance, The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. `4 CERTIFICATE OF LIABILITY INSURANCE ° 0/20 8 — _ B/10/2018 __ �_.w, _._........ ___. ._ .. ,._.._.. ___ _ 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 ORDERINSUR R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an A0DITIONAL INSURED, the ---- --•---' polieyQlea) must be endowed. IF SUBROGATpON 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 PRb certificate NAME; Rebecca Christian HET - Leavitt Group Northwest 'PRONE (253)833-5140 FAX (AIC,Na,e'w INC,N-I. 20S Auburn Way auroRIESS,rebecca-christian@lsavitt.com N Suite C INSURER(S)AFFORDING COVERAGE MgICp Auburn WA 98002 INSURER A:Philadelphia Indemnity Insurance 10058 INSURED INSURER R'.: Nexus Youth and Families (INSURER.C: 1000 Auburn Way S �INsuRSR D: INSURER E: Auburn WA 98002 COVERAGES CERTIFICATE NU MBER'CL1BB921052 ....._..... �_....,..._._,_..,..____.,,,_.. REVISION NUMBER. __ ...... ....—_..._... W_ ..._ ......._.,,... ._._.,.T S IS TO CERTIFY THAT THE POLICIES UI INSURANCE LIS FEE BELOW NAVE BEEN ISSUED TO THE INSU REO NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NMAY BE ISSUE NG 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. NSA Ar5 rI.SUBR LTHI TYPE OPINSU RANEE RtP.SXd..1YYlk......._ POLfCY NUMaER p041Ctl, V„ POiICp YP LJMITS _OMME ....G_____L LIABILITY ............... .___.__.,.,... ......1.M5±/t1P_'�_=._'L..I.MAL.Qp2.w..Y1.®. X % I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE la 11000,000 A CLAIMS-MADE X� OCCUR DAMACE JO RENYEO PREMISE51Ea rx:ralronce; 8 100,000 % PHPK106345"! 8/10/2018 8/10/2019 MED EX?(Arty one persorq $ 51000 PERSONAL a ADV INJURY' S 1,0001OD0 GEN L AGGREGATE LIMI I APPLIES PER: OCNERAI..AGGRaEGAR S 2,000,.000 X POI ICY„ PRO. � LOC ( PRODUCTS CCMPADPAGG $ 2,000,000 OBhIF.R: '� ....,-.._._.,...OSI-E__._______....___............. y AUTOMOBILE LIABILITY A % A 'Ea a ,dvvd; $ 1,000,000 ALL O%MNE BODILY INJURY(Per person) $ AUTOSRNFo SCHEDULED UTDy AUTOS PHPK18fi3451 Ei 10/2018 8/10/2019 SOON Y INJURY!Peramidan0 $ X HIREDAUTO8 X NON-OWNED AUTOS PROPERTY VAMAOF P.w,7ddm) & .................._ ...._._„...._..__W._ S X UMBRELIA LIAS X OCCUR EXCESS LIAB 1 EACH OCCURRENCE $ 2,000,000 R CLAIMS MADE AGGREGATE S 2,OOU,000 DEB X RE➢ENTIONS 1n 000 PaUH64233, 6/10/2018 P/10/2019 WORKERS COMPENRAFF)- ........,.r...._... .....-_._�......... .... ._..._, m......�_...... ...___..,...,... g ANO EMPLOYERS LIABILITY YIN SFi4�UT ER ANY PHVPWIFITCN&PAF➢dAVEf➢(E%C'04Ju�VE ._... UFFICERATN(RER EXCIUDFDA � M1VA EL EACH ACCIDENT 5 1,000,000 A (Mandatarym NH) - PHPKIS63457 9/10/2018 8/10/2019 EL OISu SE,EA EMPLOYEE $ 1,000,000 If yes � snipe new9av _ r/EfiCNIPiION OP OWENA➢II}yS k0ldw E L 013F.A$E POLICY LIMIT S 1 000 ODD A Professional Lich PHSD1391759 8/10/2018 9/40/2019 S1M OCC/SZMAUg DESCRIPTION OF OPERATIONS I LOCATIONS'VEHICLES IACORD 101,Addltlonal Remark,Schodule,Maybe aeacNed iI'more apace le required) Certificate Holder is named as Additional Insured, per attached Endorsement. ...._..._..�. m..._ ...... .. ....-______ _.........�. CE13TtlF1CATE HOLDER EL - ....""--"EL .......... _ .,,,�_..,.....__.__.m.,,...__._..___ .,...._...._.�.,...._.®..,.... mm... _._.__._........__ CANCLATION 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 South ACCORDANCE WITH THE POLICY PROVISIONS, Kent, WA 98032 AZI RIZEO REPRESENTq FIVE ©1988-2014 ACOIR13 ORPOR reerved IN5025(zRrw��) ATION. All rights s ACORD 25(2014f01) The ACORD name and logo are registered marks of ACORD ' PI-GLD-HS (10/11) !HIS 'd QRSEMEI T CMAN_`E s Tf1E F CQLICY..PLEAS „REA D PT�AICEOFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE it rs understood and agreed that the frvlfowing exesnsiohs only apply in the event that"In other specific coverage for the indicated loss exposure is provided under this policy. If such specific average applies the terms, conditions and limits or that coverage are five sole and oxctuswe coverage apr iicabla under this poiiey, unless otherwise notice,on this ondorsemem. 'Tito following Is a summary of the Limits of Insurance and additional coverages provided by this endorsement For complete details on specii coverages,consult the policy contract wording, Coverage Applicable .. Limit of Insurance.... Page # Extended Property Damage " Limited Rental Lease Agreement ConlractualLiabih Included 2ty � $$p,gOp limit 7 Non-owned Watercraft,.. _ - Loss than 58 feet p ' Damageto Property You Own, Rent, or Occupy "" - -- $:30 1 limit 2 Damage to Premises Rented to You $1,000,000 "'. 3 Clarification _, , ,,,,,,,,,,,,, 4 Medical Payments $20,000 _. ,,, 5.. ., Medical Payments-Extended Reporting Period __.. 3 years -.. 5... _.., Athletic Aohmtoas ....... _ Amended ....... ,» 5_, Supplementary Payments-Bad Bonds $6,000 Supplementary Payment-Lass of Earnings..... $1,000 per day 5.. Employee Indemnification Defense Coverage i..... 825 000. .. 5 Key and Lack Replacerriont-JanifonaIl Services Client Coverage $1o,Ob0 limit ... g_. Additional Insured ' Newly Acquired Time Period Amended ' 6 Additional Insured "Medical Directors and Administrators ..+ Included 7.... Additional Insurec -Managers and Supervisof, (ivilJ• Follo/N ..... Included Emp ipyae Coverage) ....__ _ 7 Additional Insured-Broadened Natarod Insured od 7 rna - I , ) Additional Insured-Funding Source 9r 7 Additional Insured-Home Cane Providers Included r Additional Insured-Manage,rs Landlords, or Lessors of Premises Included .....7 1 Additional Insured ­Lessor of Leased Egmpmenf Included 7 Addili net Insured '. r:-u of Pon, _ _ —.. Included Additional Insured--Vendor Included 8 ' Addilional Insured-Franchisor Included - 9 Additiorej Insured When Required by Contract Included g Additional Insured Owners Lessees, or contractors Included I "" ,Additional Insured State or Political Subdivisions 4 Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc„ with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred..by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word "fire"is changed to'fire, lightning, explosion, smoke, or leakage from automatic fire protective systems"where it appears In; a. The last paragraph of SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the fallowing: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. b. SECTION III—LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"properly damage"to any one premises,while rented to you, or in the case of damage by fire„ lightning,explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V—DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the f0lowing: A contract for a lease of premises. However, that portion of the contract for a lease of premises but indemnifies any person or organization for damage by fire, lightning, explosion, smoke,or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning,explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission, ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10tl1) G. Medical Payments—Limit Increased to$20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III -LIMITS OF INSURANCE Co the greater of. a. $20,000, or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I—COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3)(b) is deleted In its entirety and replaced by the following. (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I—COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following:, e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to$5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I—COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an "employee"in a criminal proceeding occurring in the course of employment. The most we will pay for any"employee" who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of"'employees,"claims or"suits" brought or persons or organizations making claims or bringing "suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission, ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10l11) Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators—Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors are also insureds,but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees"are also insureds for"'bodily injury to a co- "employee"whole in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a)as it applies to managers of a limited liability company. c. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source—Any person or organization with respect to their liability arising out of: (1) Their financial control of you, or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers—At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or faster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises—Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office, Ina, with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10l11) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) 'Bodily injury"or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf, However,this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs(d) or(f); or (ii) Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of bUSIneSS, in connection with the distribution or sale of the products, (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor—Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage"or"personal and advertising injury"but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement These limits are included within and not in addition to the limits of insurance shown in the Declarations I. Owners, Lessees or Contractors Any person or organization, but only with respect to Viability for 'bodily injury,' "property damage"or"personal and advertising injury" caused, in whale or in part, by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury"or"property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2011 Philadelphia Indemnity Insurance Company PI-GLD-HS (10/11) Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of arty payment we have made under this Coverage Part, those rights arc transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit'or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: It we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. O. BodilyInjury—MentalAnguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14.1b, is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14, is amended by adding the following; Discrimination based on race color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of (1) Any insured;or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employmont, termination of employment, or application for employment of any person or persons by an insured; Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission, ©2011 Philadelphia Indemnity Insurance Company KENT Exhibit C PARKS F XEcx CATION& COM N MOR4 SERVICES City of Kent Certification Regarding Debarment and Suspension Nexus Youth & Families Nexus Arcadia House Agency Name of Program Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals; a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency; b) Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (A) 1. By signing and submitting this proposal,the prospective primary participant is providing the certlf cation set out below. 2. The Inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, You may contact the department or agency to which this proposal Is being submitted for assistance in obtaining a copy of these regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. S. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower Lier covered transaction that It Is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a particpant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10,Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction 11. Knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency may terminate this transaction For cause of default. Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent, the department or agency with which this transaction originated may pursue available remedies including suspension and/or debarment. Executive Directpr (Print) Title Date Sig re of txecutly actor Title-,— Date (3/98) Adopte0 from HUD Form-5991 09/04 EEO COMPLIANCE DOCUMENTS - 1