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HomeMy WebLinkAboutCAG2019-091 - Original - Visit Kent Annual Tourism and Marketing 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: Barokas Communications Vendor Number (JDE): New Vendor, no number yet Contract Number (City Clerk): (_11 1-0� Category: _Contract Agreement Sub-Category (if applicable): None Project Name: Visit Kent Annual Tourism & Marketing when Mayor sign-1PI 07 1 Year 1)20/20 Contract Execution Date: Termination Date: Contract Manager: Michelle WilmotDepartment: ECD Contract Amount: $1 WON Budgeted: ❑ Grant? Part of NEW Budget: Local: 7 State: 7 Federal: Related to a New Position: ❑ Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: El Director � Mayor � City Council Other Details: Contract drafted by Tanva Kosen CONSULTANT SERVICES AGREEMENT between the City of Kent and Barokas Public Relations LLC d/b/a Barokas Communications THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Barokas Public Relations LLC organized under the laws of the State of Washington, located and doing business at 1012 151 Ave, Floor 6, Seattle, WA 98104, 206-264-8220 (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 detailed in Exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I within 1 year (365 days) after signing of this contract. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thousand Dollars and 00/100 ($100,000), 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. Barokas Communication - 1 Kent/Aerospace PR Campaign B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Barokas Communication - 2 Kent/Aerospace PR Campaign 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. Recvclabile Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing taw. 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 Barokas Communication - 3 Kent/Aerospace PR Campaign award provided by law; prrgvided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreerent. 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. Comoliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. City of Kent Business License attached as Exhibit C. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Remainder of page left blank intentionally) Barokas Communication - 4 Kent/Aerospace PR Campaign 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: ED." s1pedby: :BY: By: (signature) (slgrrature Print Name: Karli Barokas Print Name: Dana Ralph Its C.E.O. Its Mayor ( t � IDate: ZP�i3���19 Date; a _. NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Karli Barokas Michelle Wilmot Barokas Communications City of Kent 1012 lst Ave, FI 6 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 206-264-8220 (telephone) (253) 856-5709 (telephone) APPROV A FORM: 7r Ike t Ita epartment ATTES Aa ft , Kent City Clerk Barokas Communication - 1 Kent/Aerospace PR Campaign DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3, During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. oo"SIgnam by: By: �aro�as d1OfV tlC1[la571,144kj.. For: aarokas communications CEO Title: 2/13/2019 Date: Barokas Communication EEO Compliance Documents - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Barokas Communication EEO Compliance Documents - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the....__ (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ._..__..........._. ..,........ ...........,_,........... For: Title: Date: Barokas Communication EEO Compliance Documents - 3 EXHIBIT A ftgqpg of Work Barokas Communication Exhibit A - 1 W cm 0 R C J 3 m 6 9 i N N oa R CL c E d LLI o E : o c > a c19i o ' m > J y o5 m G ' d e y° r E E a N � N � > m s A a m w r ut .0a SN N _E y 01 O 7 !' N r N M @ N Q 6 O. P w w V. G d > > M Cl C O. c M N ; Q CJ O Nv' J r O E � r r Z U @ � a ° Y E c N O ° > N O O Q C @ O O N d O C O U v ON O @ @ U W y N N O E O L U a1 l6 m O oL U ° a 0 _ C @ V� C U C C O O L L N d N C C E E @ � O O O ._ @ N E =p C LU O — C @ C U L > > @ d @ @ a a) @ C �O U O> O E C O o oTi c o 0 0 3 c g 20 w O m U N @ O tO0/} ° c 0 mrn o n n 0 ur O U O r U 3 a a a, C U Q N N @ 'D N L V / 0 0 O C a) a > E E @_ N o m D o '2 m m @ @ Z m U C O C a O a a) C rn @ -O N O m 4 S� C 'co 00 o .� Em c .. h E � @ an ms !EIL E o m O C L_ @ O U 3 T@ C� > O 0@ w C @ a O@ C L N@ la a) oc 3a o m m a) 0 x G ❑ .E 2P E o O� U) > 00 O@ -N m E a) m F c Z L w N f W Z 2 U O Q = Q m T_ N W O J W W Z L = LU O W 2 J W — 1% L Q a aul W J W 0 v W w EXHIBIT B INSURANCE REQUIREMENT5 FOR CONSULTANT 5ERVICES AGREEMENTS 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 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 Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability _insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 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 Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII, Barokas Communication Exhibit B - 1 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. Barokas Communication Exhibit 5 - 2 A4 R CERTIFICATE OF LIABILITY INSURANCE DATEIMMIooYYYYI""""' 01/31/2019 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _............. .. .._...,.____. AhEE' BGI AGENCY NETWORK INC ' -� '(AIC.No.Extl:fOSSIGG1-3939 tMGA Np):��STTj BT2-T9G-0 10829 NE 68TH ST STE 202 €r'Tnli"-^—"""--"� n-----------'-'----'-'----'-'-' -- KIRKLAND,WA 98033 ALL ooREGS•servlce.centeml®traveierssom u (888)661-3938 INSURER(S)AFFORDING COVERAGE NAIC if . ---� ..... ......... ........ INSURER A.THE TRAVELERS INDEMNITY COMPANY INSURED INSURER B',THE TRAVELERS INDEMNITY COMPANY OF AMERICA BAROKAS PUBLIC RELATIONS LLC . .......- ---- 1012 1ST AVE INSURERC: ............__ ___-............................................. .... ........... - FL 6 INSURER D SEATTLE,WA 98104 INSURERS __ ..... ............. ............ INSURER F, COVERAGES CERTIFICATE NUMBER. 449382927330130 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD wvD POLICYNUMBER I""PDPY 11 (MM/DD/YYVY)... LIMITS ..... ..._.... ............. ...... .. .......... .. B X COMMERCIAL GENERAL LIABILITY X 680-6491 H158-18 10/06/2018 10/06/2019 EACH OCCURRENCE $2 000 000 CLAIMS-MADE �XJ OCCUR PRFMICFC E Uef s300 000 X HIREUAUTO MFD FXP(A- ,HI $5 000 X NON OYVNEO AUTO PFRSONAI SADV IN IIIRV $2;000 OOD GEN'L AGGREGATE LIMIT APPLIES PER. r•FNFAAI ACGPPr•ATF $4 000�000 _X PRO OTHER ___--. R l., JECT �LOC PnnlIrTS F.QMPmPArr. $4.000000 OTHER. R_.'.`.,'... -_ -.. $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (E $ Ea accident) ANY AUTO BODILY INJURY(Per person) $ . _. OWNED SCHEDULED AUTOS ONLY a---- AUTOS BODILY INJURY(Per acnCent) $ HIRED III`. IJI NON-OWNED ._ ... AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) $ A X UMBRELLALIAB X_ OCCUR CUP-31-1602214-18 10/06/2018 10/06/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAR CLAWS MADE AGGREGATE $1 000,000 DEOIKRETENTION$5,000 A WORKERS COMPENSATION NIA UB-IJ560009-18 06/24/2018 06/24/2019 X �TnnITF lol<H. AND EMPLOYERS'LIABILITY RI YIN -- - ANY PROPRIETOPARTNERIEXECUTI VE 1L_..J E L EACH ACCIDENT $1.00D.000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1.000.000 f yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 B EMPLOYERS OVERHEAD LIABILITY(STOP 680-6491 H158-18 10/06/2018 10/06/2019 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES(ACORD 191,Additional Remarks Schedule,may be akachetl If more space is raquiratl) AS RESPECTS TO GENERAL LIABILITY,CERTIFICATE HOLDER IS ADDITIONAL INSURED-OWNERS/LESSEES/CONTR CG D1 05 BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. ......... .-.......__......_....._.,_ _......_._.._ - CERTIFICATE.HOLDER CANCELLATION THE CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4TH AVE.S, KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE --- ....,..........._, / __ _ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO. VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke,water J. Aircraft Chartered with Crew • Limit increased to $300.000 K. Non-Owned Watercraft—Increased from 25 feet to 50 feet C. Blanket Waiver of Subrogation L. Increased Supplementary Payments D. Blanket Additional Insured— Managers or Lessors of Premises • Cost for bail bonds increased to $2,500 E. Blanket Additional Insured— Lessor of • Loss of earnings increased to$500 per day Leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage— Bodily Injury O. Reasonable Force— Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declare- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following. other than a partnership or joint venture, over Exclusions c. thorough n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- a. Fire, riod that you no longer maintain ownership of, or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per- ANCE (Section III). son or organization for which coverage is ex- 2. This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D7 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by, PROPERTY DAMAGE LIABILITY (Section I — a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented e. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract 3. Part 6. of LIMITS OF INSURANCE (Section with that person or organization; "your work"; or "your products". We waive this right where you III) is deleted and replaced by the following: have agreed to do se as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of"property damage" to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section II) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these, afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever Is a. $300,000; or less. b. The amount shown on the Declarations 2. The insurance afforded to the additional in- for Damage To Premises Rented To You sured does not apply to: Limit. a. Any "occur,ence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises; a, of the definition of "insured contract" is b. Any premiss for which coverage is ex- amended so that it does not include that per- cluded by endorsement, or lion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of s.:-h additional insured. or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to S. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 200' CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which ro remuneration is demanded cuted prior to loss, to name as an additional in- or receivedt sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurue, licensed practical nurse, sured, subject to the fallowing provisions, emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while actin, within the scope of their em- ts shown on the Declarations, whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting will the scope of their employ- sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following a clusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. - BODILY INJURY AND F;ROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY (Section I- Coverages): ing out of the sole negligence of such ad- ditional insured. (This insurance does not apply to:) Liability arising out of tie willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceutical- by or with the knowledge or insurance available to such additional in- consent of the insured sured, unless you have agreed in a written contract for this insurance to apply on a pri- 6. For the purposes of determining the applica- mary or contributory basis, ble limits of insurance, any act or omission, F. INCIDENTAL MEDICAL MALPRACTICE together with al! related acts or omissions in the furnishing f the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. alcove to any one person, will be TIONS (Section V) is amended to include "In- considered one;"occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply I if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services de<_^ribed in paragraph 2, above. "Incidental medical malpractice injury" means 7. The insurance 'provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether prima!'. excess, contingent or on ing out of the rendering of, or failure to ren- any other basis;, except for insurance pur- der, the following services: chased specifllylly by you to be excess of a. Medical, surgical, dental, laboratory, x-ray this policy. or nursing service or treatment, advice or G. PERSONAL INJUt'Y - ASSUMED BY CON- instruction, or the related furnishing of TRACT food or beverages; 1. The Contractu'l Liability Exclusion in Part I The furnishing or dispensing of drugs or 2., Exclusionf of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND Al�VERTISING INJURY LIABIL- appliances; or ITY (Section I Coverages) is deleted and c. First aid. replaced by the following: d. "Good Samaritan services". As used in (This insurance does not apply to:) this Provision F., "Goad Samaritan ser- Contractual Lir,bility vices" are those medical services ren- "Advertising injury" for which the Insured has dered or provided in an emergency and assumed liabilit!J in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2007 Page 3 of 5 t. ti COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs, 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO I,�AN INSURED (Section II) do 2. Subparagraph f. of the definition of "insured not apply to "bcdily injury"for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1.or 2. above. leted and replaced by the following: J. AIRCRAFT CHAR-ERED WITH CREW f. That part of any other contract or agree- 1. The following IF added to the exceptions con- ment pertaining to your business (includ- tained in the hireraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in P&,t 2., Exclusions of COVER- connection with work performed for a AGE A, BODILY INJURY AND PROPERTY municipality) under which you assume the DAMAGE LIAB'LITY(Section I—Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or "per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tort liability means a liability that 2• This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is,)wned by any insured. of any contract or agreement, 3. The insurance orovided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excese over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether prima.v, excess, contingent or on ment, any other bas' except for insurance pur- chased specifically by you to be excess of this policy. JURY K. NON-OWNED WA-,ERCRAFT The definition of "bodily injury" (DEFINITIONS — Sectlon V) is deleted and replaced by the follow- 1. The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- y injury" means bodily injury, mental - sion in Part 2., �ixclusions of COVERAGE A. "Bodily an Bodil mental injury, shock, fright, disability, an- BODILY INJUR.l AND PROPERTY DAMAGE guish, LIABILITY (Section I — Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time (2) A watercraf,you do not own that is. I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not bz`ng used to carry persons or 1. Your "employees" are insureds with respect propert for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision I;. applies to any person who, course of the cc-"employee's" employment by with your expressed or Implied consent, either you, or to your"volunteer workers" while per- uses or is resp cable for the use of a water- forming duties related to the conduct of your craft business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess, over any other valid and col- the scope of their employment by you or while lectible insurar-a available to the insured, performing duties unrelated to the conduct of whether primay, excess, contingent or on your business. any other bas`i, except for insurance pur- l. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy. worker" while performing duties related to the L. INCREASED SUPF=,'_EMENTARY PAYMENTS conduct of your business, or to your"employ- ees" in the course of the "employee's" em- Parts b. and J. :f SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS — COVEW''GES A AND B (Section I — for your "volunteer workers" does not apply Coverages) are am<_nded as follows: while performing duties unrelated to the con- 1. In Part It. the a;aount we will pay for the cost duct of your business, of bail bonds is increased to$2500, Page 4 of 5 Copyright, The Travelers Indemnity Company, 200> CIS D1 86 11 03 h v I COMMERCIAL GENERAL LIABILITY i 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to $500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily Jnjury" or "property damage" 1. The following is added to COMMERCIAL which may otherwise be covered under this Policy. GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- N. UNINTENTIONAL OMISSION currence, Offense, Claim or Suit): The following is aided to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur- paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your righ�s under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator) designated by you to give such notice, applicable state insurance laws, codes or regula- Knowledge by other "err loyee(s)" of an "oc- tions. currence" or of an offense does not imply that 0. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section II —Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- Expected or Intended Injury or Damage trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. However, this Provision M. does not apply as "property damage" resulting from the use of rea- respects the specific number of days within sonable force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 EXHIBIT C Cry of Kent Business License Barokas Communication Exhibit C - 1 City of Kent Business License BAROKAS COMMUNICATIONS ' I012 IST AVE FL6 SEAT TLC, WA 95014 Please tear at perforation -------- - ------ - - ---------------------------- --- BUSINESS LICENSE lIct RM R2,1 lacal5alcs iwd uoe fax,muet be trodcd LICENSE MUST BE PAID ANNUALLY BY No. 17 5 d>r III gIIHIJ1e11 JANUARY Ist TO AVOID PENALTY Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws ry 'PHIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE.NOT TRANSFERABLE OR ASSIGNABLE 2 019 NAME.AND ADDRESS OF BUSINESS BLOC-2I90247 BAROKAS COMMUNICATIONS MAYOR 1012 1 ST AVE FL 6 The Cityof Kent SEATTLE, WA 98104 Tax Registration EDCIOfSI?fD@f1I ni upnni nvm ao IC GIJ I,WAS'HI;V(ligPl 9R0J2 i Request forMayor's Signature WT w., .o,o. Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director J4 --- ` Originator:Tanya Kosen Phone (Originator):5461 Date Sent:02/20/1 9 Date Required:asap Returned Signed Document to:Ta nya M Contract Coversheet Attached Has this Document been Specifically Authorized Vendor Name: Barokas in the Budget? Yes 0 No ❑ Date of Council Approval:02/1 9/1 9 Account Number: Pease See below Brief Explanation of Document: 25% 10004115.64190.6311 Rally in the Valley 75% 13001315.64190.6311 LTAC Grant Contract for Communications, approved by LTAC and City Council Date Received by City Attorney: Comments: EC E I VED Date Routed to the Mayor's Office: FEB 2 0 ?.019 Date Routed to the City Clerk: 'j�v�-..f,� �.�}{�/ 4 na;City of Kent s. .. �, Date Returned to Originator: ad(M9756�4__13