HomeMy WebLinkAboutCity Council Committees - Operations - 06/02/2015 (3) Operations Committee Agenda
Councilmembers: Bill Boyce - Dana Ralph - Les Thomas, Chair
June 2, 2015
4 p.m.
Item Description Action Speaker Time Page
1. Call to order Chair Thomas 1
2. Roll Call Chair Thomas 1
3. Changes to the Agenda Chair Thomas 1
4. Approval of Check Summary Report dated YES Chair Thomas 2
5/1/2015thru 5/15/2015
5. Approval of Minutes dated May 19, 2015 YES Chair Thomas 2 1
6. April Monthly Reports NO Aaron BeMiller 5 5
7. RFA Summary Analysis for Kent and Auburn NO Aaron BeMiller 5 17
8. Hyas Group Consultant Services Agreement Becky Fowler 5 19
Renewal
Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third
Tuesday of each month in Kent City Hall, Council Chambers East, 220 4ch Ave S, Kent, 98032.
For additional information please contact Jennifer Hays at 253-856-5705.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call Washington
Telecommunications Relay Service at 1-800-833-6388.
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OPERATIONS COMMITTEE MINUTES
May 19, 2015
Committee Members Present: Dana Ralph and Bill Boyce; Chair Les Thomas was
absent.
The meeting was called to order by Dana Ralph at 4:02 p.m.
1. ROLL CALL
2. CHANGE TO AGENDA.
There were no changes to the agenda.
3. APPROVAL OF THE CHECK SUMMARY REPORT DATED 4/16/2015 THROUGH
4/30/2015
B. Boyce moved to approve the check summary report dated 4/16/2015 through
4/30/2015. D. Ralph seconded the motion, which passed 2-0.
4. APPROVAL OF MINUTES DATED MAY 5, 2015.
B. Boyce moved to approve the Operations Committee minutes dated May 5, 2015. D.
Ralph seconded the motion, which passed 2-0.
S. SUPPORTED EMPLOYMENT PROGRAM - UPDATE.
Human Resource Director Lorraine Patterson and Community Outreach Analyst Johnetta
Rowsey updated the Committee on the Council approved Supported Employment Program
managed by the Human Resources Department (HR). This project remains a high priority
for the Council and the City. As of this date, HR has made considerable effort towards
establishing a best practices approach to a replicable program that can be supported
throughout the City.
To help get the program off the ground, King County Developmental Disabilities Division
(KCDDD) provided technical assistance to the City free of charge. At the recommendation
of KCDDD, HR contacted GoWise, a non-profit consultant, to understand how they can
support the City's efforts. One of the most important contributions of the consultant is
creating job descriptions that will allow the City to select candidates that will be a good fit
with the work environment. GoWise provides skill at clarifying expectations for the hiring
supervisor and the job-development agency to ensure that the City will have the best fit
possible and will also assist in creating positions that encourage growth over time. In
addition to the task of defining and sourcing the employees, HR is working with city
unions to create contract language that meets their needs, as the work identified to date
is covered by existing collective bargaining agreements.
In the next week, HR is in the position to submit two part-time, temporary job openings
to job-development agencies that KCDDD works with. These positions will be paid a
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Operations Committee Minutes
May 19, 2015
Page: 2
minimum of $10 an hour with all candidates sharing a 40 hour work week. These positions
should be filled by June 2015.
6. ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT REORGANIZATION.
Economic and Community Development Director Ben Wolters explained this is legislation
in the form of three motions to formally adopt the proposed reorganization.
Having been in operation for over six years, and with staffing changes recently affecting
key personnel, it is appropriate to clarify the authority of the position of the Economic and
Community Development (ECD) director as well as the department's role within the
overall city organization in a manner that is consistent with the Council's practice with
other city departments.
The planning director position, which was carried over in 2009 when the planning
department became part of the larger ECD department, should be eliminated, and
consistent with other city departments, the ECD director should be authorized to
establish, fill, and organize, subject to appropriate authorization, a deputy director as well
as departmental subdivision managers, and other positions.
With this authorization and the proposed changes, Mr. Wolters plans to consolidate some
of the management responsibilities within ECD while recognizing the internal management
talents. This reorganization plan would rely on the department's existing funding to
recognize and properly compensate the internal managers who are stepping up to take on
additional management responsibilities. Not filling two vacancies at their formal
management level would also enable ECD to increase line level staff to accomplish more
of the daily workload within the department. ECD is currently authorized for three new
positions to be funded and filled in 2016. This plan would seek to use existing budget to
enable the department to accelerate the filling of these positions in 2015. Accelerating the
creation of these three positions is proposed under a separate motion to amend the
budget. The three positions are Planner, Administrative Secretary I, and an Office Tech
III.
Committee members recognized and gave kudos that the reorganization layout has a
budget neutral impact to the remainder of 2015-2016 biennial budgets.
B. Boyce moved to recommend Council adopt an Ordinance amending Chapter 2.30 of the
Kent City Code, entitled "Economic and Community Development Department" by
clarifying the structure of the Economic and Community Development Department,
including the authority of the department's director, to conform with the authorization
and structure established by council for other city departments. D. Ralph seconded the
motion, which passed 2-0.
B. Boyce moved to recommend council establish the positions of Deputy Economic and
Community Development Director, Building Services Manager, and Current Planning
Manager, as described in the job descriptions created for those positions, to authorize
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Operations Committee Minutes
May 19, 2015
Page: 3
the salary ranges recommended for those positions, and to adjust the budget
accordingly. D. Ralph seconded the motion, which passed 2-0.
B. Boyce moved to Recommend council authorize to fill as soon as possible in the 2015
calendar year the positions of Planner, Administrative Secretary 1, and Office Tech 3, all
of which were authorized to be filled in 2016 under the city's biennial budget, using
existing 2015 budget year savings incurred from department reorganization and from
savings incurred by other unfilled or under filled positions. D. Ralph seconded the
motion, which passed 2-0.
7. PUBLIC RECORDS POLICY
Assistant City Attorney Tammy White made a request to have the current ordinance be
converted back to policy in order to be updated more frequently. The Public Records Act,
currently codified at Chapter 42.56 of the Revised Code of Washington requires local
governments to adopt reasonable rules and regulations to carry out its provisions in a
manner that provides for the fullest assistance to requestors and the most timely possible
action on requests, while contemporaneously protecting public records from damage or
disorganization and preventing excessive interference with other essential governmental
functions. The City's code provisions regarding public records requests are currently
codified in Chapter 1.05 of the Kent City Code and were last amended in 2006.
Prior to 2002, the provisions regulating staff's processing and response to public records
requests were maintained within the City's Policy Manual. In 2002, the Council adopted
Ordinance No. 3588, which converted these provisions to code under the belief that
codification would result in the procedures being more accessible to the public. An
unintended consequence of that action was that the procedures were not regularly
updated in response to the rapid evolution of the law regarding public records. Therefore,
it is staff's belief that reverting these provisions back to policy format and publishing them
on the City's website will allow them to be readily available to the public while still giving
staff the flexibility needed to update them in response to frequent changes in the law.
Ms. White further explained should Council adopt the proposed Ordinance, the Mayor
would then establish a public records policy similar in form to the draft included with this
agenda item. This draft policy includes no drastic changes; it merely memorializes the
existing process and addresses those matters required by state law, such as a list of the
possible exemptions that may be applied to a public record before it is produced. This
draft will be further revised in the near future to address the retention of text messages
sent and received by City employees and substantively related to City business.
B. Boyce moved to recommend Council adopt the proposed Ordinance that amends
Chapter 1.05 of the Kent City Code regarding submittal and response to requests for
public records and converts those provisions from code to policy to allow for more timely
revision in response to changes in the law. D. Ralph seconded the motion, which passed
2-0.
The meeting was adjourned at 4:36 p.m. by D. Ralph.
4
Operations Committee Minutes
May 19, 2015
Page: 4
Jennifer Hays
Operations Committee Secretary
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fIGeneral Fund Overview
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Revenues 85,243,018 31,580,441 85,862,000 619,000 2.0%
Expenditures 86,111,127 23,017,081 85,978,000 (133,000) -0.6%
Net Revenues Less Expenditures (868,109) 8,563,360 (116,000) 486,000
Beginning Fund Balance 11,312,140 11,312,140 11,312,140
Ending Fund Balance 10,444,031 19,875,499 11,196,140
Ending Fund Balance Detail:
General Fund Reserves 7,308,899 8,009,450
8.5% 9.3%
Contingency for Unanticipated Costs 1,500,000 1,500,000
Strategic Opportunities Fund 424,012 424,012
Restricted for Annexation 1,211,120 1,262,678
Analysis through April show both revenues and expenditures ending the year favorable compared to budget,
resulting in an overall favorable variance amount of nearly $486k. The current estimated ending fund balance for
2015 calculates to 9.3% of estimated expenses. However, as the year progresses and Finance is better able to
estimate ending expense and revenue amounts, Finance feels comfortable, at this time, that the General Fund will
achieve the 10% fund balance level per policy.
Revenue Overview
Revenues are trending to end the year $619,000, or 2.0%, higher than budgeted. Most of the City's major revenue
sources sources show favorable variances compared to budget, including sales tax ($496k) and property tax ($192k).
Expenditures Overview
Most departments are experiencing favorable variances as a result of vacancies or underspending other line
items. The departments with the largest favorable variances, in terms of dollars, include Finance, Human
Resources, Public Works and Parks.
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General Fund Overview - Revenues
Taxes:
Property 21,807,268 9,742,293 22,000,000 193,000 2.0
Sales Tax 21,853,978 7,321,982 22,350,000 496,000 6.8
Utility 19,452,335 7,389,338 19,500,000 48,000 0.6%
Business and Occupation Tax 5,472,190 1,662,716 5,500,000 28,000 1.7%
Other 1,083,014 254,086 1,080,000 (3,000) -1.2%
Licenses and Permits 3,894,278 1,431,657 3,895,000 1,000 0.1%
Intergovernmental Revenue 2,564,869 720,108 2,565,000
Charges for Services 5,342,632 2,024,435 5,200,000 (143,000) -7.1%
Fines and Forfeitures 1,565,961 543,857 1,566,000
Miscellaneous Revenue 1,285,374 489,969 1,285,000
Transfers In 921,119 921,000
Total Revenues 85,243,018 31,580,441 85,862,000 620,000 2.0%
Variance analysis for revenues is provided for line items in which the estimated actual amount differs from
the budgeted amount by at least 10% and at least a minimum of $100,000.
Variance Notes
None- No line items meet the criteria outlined above.
7
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General Fund Revenues ($ in Thousands)
All Revenues Sources
$90,000
$80,000 January 4,806 4,548 5,234
February 4,872 4,993 4,537
$60,000 0,000$ / .. March 6,226 6,785 6,375
- - -
$40,000 jl/ / / /
April 11,990 13,754 15,434
$40,000 / May 7,286 7,064 0
June 5,755 5,857 0
$20,000 p j September 4,375 4,292 0
$20,000 � � � � � August 4,375 4,292 0
$10,0$0 j October 13,369 14,225 0
$0 i t � .� �L..... I V V I I V i
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 4,800 6,098 0
'.. December 6,824 6,749 0
V111111,14 Bud --A--14Act --4--15Act Total 80,911 85,243 31r580
Property
January 1 0 0
Fir,. r i
$20,000 February 153 162 167
March 872 607 718
$15,000 April 7,185 8,143 8,857
May 2,408 2,142 0
2
$10,000 � j... ......... ...... June 109 0
61 44
July 61 44 0
$5,000 August 70 92 0
0 1 F///, F////, AM j September 429 421 0
$0 +- October 8,124 8,083 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 978 1,823 0
December 217 181 0
O/®14Bud -A-14Act -i-15Act Total 20,696 21,807 9,742
Sales Tax (includes SST Mitigation)
January 1,273 1,233 1,435
$20,000 .. February 1,666 1,631 1,817
._ March ,49 ,458 ,
662
$15,000 April 1,191
1 1
,154 ,408408
May 1,449 1,372 0
$10,000 ... / / June 1,449 1,330 0
,.,,,
/ / / / / July 1,615 1,442 0
$5,000 j j j j August 1,615 1,442 0
Setem
$0 V - /�%m V. % -1 V ..111 Octoberber 1,474 1,419 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 1,648 1,547 0
December 3,081 3,050 0
O/®14Bud --*-14Aet --4--15Aet Total 22,734 21,854 7,322
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General Fund Revenues ($ in Thousands)
Utility Tax
January 2,078 2,059 2,343
$15,000 February 1,709 1,648 1,578.. 1,608 1,595 1,560
March
./ April 1,934 1,954 1,909
$10,000 O j ..... May 1, 64 1,486 0
Jun
June 1,264 1,406 0
j.... j...../ July 1, 1, 0
$5,000 August 1,371 371 1,350350 0
September 1,292 1,560 0
$0
j -V V .. +- -I October 1,779 1,596 0
� I j.....1 j .I
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov November 1,326 1,403 0
December 1,585 1,620 0
'O/®14Bud --Ar^^14Act -4--15Act
Total 19,237 19,452 7,389
Other Taxes
5,000 January 2 85 11
.......
$4,000 / / / � / February 20 0 18
/ March 66 555 103
784
$3,000 April 455 1,470 1,784
j May 55 470 0
$2,000 / / j/ j f/ June 36 791 791 0
July 133 0
$1,000 ... 1M...... August 58 343 0
""� •_. September 26 182 0
$0 / y.- - . I -I V .,;. .-I October 120 703 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 53 357 0
December 379 1,701 0
'O/®14Bud --*-14Act --4--15Act
Total 1,410 6,555 1,917
Other Revenues
(Intergovernmental, Licenses & Permits,Charges for service, Fines & Forfeits, and Misc Revenues)
January 1,452 1,258 1,444
$15,000
February 1,210 928 957
March 1,302 1,208 1,332
April 1, 18 1, 1,47
$10,000 - May 1,91 1,561 0
561 0
June 1,610 1,561 0
10111
� / / JuIY 1,261 1,165 0
$5,000 -
/ M August 1,253 1,212 0
/ / 1 / September 1,872 1,574 0
$0 V I V I I V 1 October 1,872 1,574 0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec November 795 863 0
December 1,562 1,818 0
'O/®14 Bud --fie-14 Act -0--15 Act
Total 16,832 15,574 5,210
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General Fund Overview - Expenditures
City Council 353,001 102,380 346,000 7,000 6.8%
Mayor's Office/City Clerk 2,318,617 719,974 2,319,000
Economic &Community Dev 5,872,056 1,757,407 5,868,000 4,000 0.2% 1
Finance 2,638,487 682,784 2,605,000 33,000 4.8%
Fire Contracted Services 3,454,298 1,027,453 3,454,000
Human Resources 1,606,838 363,987 1,575,000 32,000 8.8
Information Technology 467,705 121,422 458,000 10,000 8.2%
Law 1,262,302 418,715 1,262,000
Municipal Court 3,020,623 965,665 3,020,000 1,000 0.1%
Parks, Recreation & Comm Svc 16,207,254 4,865,007 16,187,000 20,000 0.4%
Police 33,104,095 10,524,078 33,104,000
Public Works 5,526,170 1,386,927 5,500,000 26,000 1.9%
Non-Departmental 10,279,681 81,282 10,280,000
Total Expenditures 86,111,127 23,017,081 85,978,000 133,000 0.6
Variance analysis for expenditures is provided for all departments in which the estimated actual amount differs
from the budgeted amount by at least 10% and at least a minimum of $100,000.
Variance Notes
None- No line items meet the criteria outlined above.
10
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General Fund
MENEEMEN
e e e e e
Beginning Fund Balance 4,129,976 7,471,860 * 11,312,140 11,312,140 11,312,140
Revenues
Taxes:
Property 20,125,761 20,696,272 21,807,268 9,742,293 22,000,000
Sales Tax 20,687,615 22,734,400 21,853,978 7,321,982 22,350,000
Utility 19,119,138 19,237,242 19,452,335 7,389,338 19,500,000
Business and Occupation Tax 299,907 303,600 5,472,190 1,662,716 5,500,000
Other 1,101,844 1,106,821 1,083,014 254,086 1,080,000
Licenses and Permits 3,688,807 4,357,060 3,894,278 1,431,657 3,895,000
Intergovernmental Revenue 2,562,646 2,543,120 2,564,869 720,108 2,565,000
Charges for Services 5,125,968 6,182,649 5,342,632 2,024,435 5,200,000
Fines and Forfeitures 1,493,381 1,284,798 1,565,961 543,857 1,566,000
Miscellaneous Revenue 1,300,392 1,533,392 1,285,374 489,969 1,285,000
Transfers In 1,036,877 931,217 921,119 921,000
Total Revenues 76,542,336 80,910,572 85,243,018 31,580,441 85,862,000
Expenditures
City Council 290,156 293,125 353,001 102,380 346,000
Mayor's Office/City Clerk 2,252,478 1,927,073 2,318,617 719,974 2,319,000
Economic &Community Dev 5,132,560 5,251,662 5,872,056 1,757,407 5,868,000
Finance 2,066,623 2,363,613 2,638,487 682,784 2,605,000
Fire Contracted Services 3,365,890 3,422,675 3,454,298 1,027,453 3,454,000
Human Resources 1,063,471 1,167,331 1,606,838 363,987 1,575,000
Information Technology 253,021 349,002 467,705 121,422 458,000
Law 935,778 1,003,202 1,262,302 418,715 1,262,000
Municipal Court 2,781,005 2,849,954 3,020,623 965,665 3,020,000
Parks, Recreation &Comm Svcs 14,168,549 14,854,585 16,207,254 4,865,007 16,187,000
Police 30,353,335 31,263,200 33,104,095 10,524,078 33,104,000
Public Works 4,753,472 4,929,327 5,526,170 1,386,927 5,500,000
Non-Departmental 3,758,009 7,395,544 10,279,681 81,282 10,280,000
Total Expenditures 71,174,348 77,070,292 86,111,127 23,017,081 85,978,000
Net Revenues less Expenditures 5,367,988 3,840,280 (868,109) 8,563,360 (116,000)
Ending Fund Balance 9,497,964 11,312,140 10,444,031 19,875,499 11,196,140
Endina Fund Balance Detail:
General Fund Reserves 6,145,735 7,735,956 7,308,899 8,009,450
8.6% 10.0% 8.5% 9.3%
Contingency for Unanticipated CostE 1,500,000 1,500,000 1,500,000 1,500,000
Strategic Opportunities Fund 424,012 424,012 424,012
Restricted for Annexation 1,852,229 1,652,172 1,211,120 1,262,678
* 2014 beginning fund balance reduced by $2,026,000 to reflect the prior period adjustment required to properly
record the repayment owed to the Utility Funds.
11
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General Fund
Year-to-Year Month Comparison
Revenues
Taxes:
Property 8,519,772 8,210,828 9,742,293 1,531,464 18.7%
Sales Tax 6,295,530 6,621,347 7,321,982 700,635 10.6%
Utility 6,912,472 7,330,075 7,389,338 59,263 0.8%
Business and Occupation Tax 623,685 300,000 1,662,716 1,362,716 454.2%
Other 288,235 249,569 254,086 4,517 1.8%
Licenses and Permits 1,329,377 1,424,400 1,431,657 7,257 0.5%
Intergovernmental Revenue 597,557 712,201 720,108 7,907 1.1%
Charges for Services 1,777,902 2,220,181 2,024,435 (195,746) -8.8%
Fines and Forfeitures 484,302 404,280 543,857 139,577 34.5%
Miscellaneous Revenue 521,508 421,968 489,969 68,001 16.1%
Transfers In
Total Revenues 27,350,340 27,894,849 31,580,441 3,685,591 13.2%
Expenditures
City Council 98,056 95,460 102,380 6,919 7.2%
Mayor's Office/City Clerk 642,487 704,574 719,974 15,400 2.2%
Economic & Community Dev 1,616,352 1,689,486 1,757,407 67,921 4.0%
Finance 582,502 691,784 682,784 (8,999) -1.3%
Fire Contracted Services 1,034,512 1,081,064 1,027,453 (53,611) -5.0%
Human Resources 323,414 440,922 363,987 (76,935) -17.4%
Information Technology 39,283 115,416 121,422 6,006 5.2%
Law 319,649 290,840 418,715 127,875 44.0
Municipal Court 881,450 896,227 965,665 69,439 7.7%
Parks, Recreation & Comm Svcs 4,233,511 4,528,114 4,865,007 336,893 7.4%
Police 9,360,951 10,166,510 10,524,078 357,568 3.5%
Public Works 1,482,326 1,133,080 1,386,927 253,847 22.4%
Non-Departmental 92,038 125,576 81,282 (44,294) -35.3%
Total Expenditures 20,706,532 21,959,052 23,017,081 1,058,029 4.8%
The large 2014-15 variance in Business & Occupation Tax revenues is due to an accounting change.
All B&O revenues will be booked into the General Fund and then transferred to cover expenditures per
ordinance, which will simplify overall B&O reporting.
12
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Other Funds Overview (Revenues and Expenditures)
e e e e e
Operating revenues and expenditures only, capital is excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Street Operations
Revenues 9,593,607 9,678,827 7,447,034 2,553,574 7,560,700
Expenditures 9,163,761 9,451,094 7,356,734 683,047 7,122,100
Net Revenues Less Expenditures 429,846 227,732 90,300 1,870,527 438,600
2015: added 10.6% solid waste utility tax (+ $2.5m); consolidated B&O in General Fund (- $4.7m)
LEOFF 1 Retiree Benefits
Revenues 945,258 1,055,840 1,085,460 154,350 1,102,560
Expenditures 782,543 887,036 1,085,460 431,480 1,049,310
Net Revenues Less Expenditures 162,715 168,803 (277,129) 53,250
Lodging Tax
Revenues 217,703 249,581 208,145 58,590 233,100
Expenditures 119,436 71,441 188,500 13,195 158,500
Net Revenues Less Expenditures 98,266 178,140 19,645 45,395 74,600
Youth/Teen Programs
Revenues 894,305 888,250 907,028 342,358 929,500
Expenditures 823,426 898,524 932,000 932,000
Net Revenues Less Expenditures 70,879 (10,274) (24,972) 342,358 (2,500)
Capital Improvement
Revenues 14,223,132 16,082,908 13,599,231 3,789,259 13,947,411
Expenditures 10,567,405 11,955,720 10,682,484 4,400 10,682,484
Net Revenues Less Expenditures 3,655,727 4,127,188 2,916,747 3,784,859 3,264,927
Criminal Justice
Revenues 2,270,987 2,384,593 2,317,405 819,112 2,359,800
Expenditures 1,863,620 2,458,933 2,600,826 732,827 2,548,480
Net Revenues Less Expenditures 407,367 (74,340) (283,421) 86,286 (188,680)
ShoWare Operating
Revenues 751,405 3,456,124 759,325 81,282 500,000
Expenditures 471,684 980,046 528,003 21,811 491,110
Net Revenues Less Expenditures 279,721 2,476,077 231,322 59,471 8,890
2015: Estimated actual revenues include $260k of admissions tax and $240k subsidy from the General Fund
to cover estimated expenditures. The budgeted subsidy is $500,000.
Water Utility
Revenues 19,332,623 20,948,199 18,827,192 5,118,753 18,879,900
Expenditures 17,018,210 15,890,786 18,932,058 3,661,386 17,557,930
Net Revenues Less Expenditures 2,314,413 5,057,413 (104,866) 1,457,367 1,321,970
Sewer/Drainage Utility
Revenues 44,310,390 46,608,123 45,479,299 15,471,771 46,415,350
Expenditures 45,704,519 43,535,541 48,982,885 11,705,403 48,805,010
Net Revenues Less Expenditures (1,394,129) 3,072,581 (3,503,586) 3,766,368 (2,389,660)
13
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IIIII III III (IIIIIIII IIIIIIII Vuuu a�m�f. uuu i uMlu iiiu u�u m m�u uuoi uu uu a u�u r hmuuu uu �� IIIIIIII IIIIIIII III
Other Funds Overview (Revenues and Expenditures)
e e e e e
Operating revenues and expenditures only, capital is excluded.
In instances where expenditures exceed revenues, fund balance is being utilized.
Goff Complex
Revenues 2,409,232 2,453,544 2,673,936 643,437 2,450,000
Expenditures 2,668,103 2,657,222 3,044,022 779,901 2,790,000
Net Revenues Less Expenditures (258,871) (203,678) (370,086) (136,464) (340,000)
Fleet Services
Revenues 3,973,663 4,446,115 4,448,514 1,522,257 4,566,770
Expenditures 3,395,723 3,955,111 5,107,202 766,955 4,736,000
Net Revenues Less Expenditures 577,940 491,003 (658,688) 755,303 (169,230)
Central Services
Revenues 422,740 356,338 422,324 117,693 373,280
Expenditures 341,578 336,633 401,744 130,277 367,730
Net Revenues Less Expenditures 81,162 19,704 20,580 (12,584) 5,550
Information Technology
Revenues 6,337,175 6,878,827 6,752,085 2,310,748 6,932,240
Expenditures 5,792,205 6,130,328 7,138,996 2,194,139 6,931,630
Net Revenues Less Expenditures 544,970 748,499 (386,911) 116,608 610
Facilities
Revenues 4,905,684 5,096,650 5,170,397 1,765,179 5,189,600
Expenditures 4,586,962 4,673,883 5,745,439 1,343,999 5,619,100
Net Revenues Less Expenditures 318,722 422,768 (575,042) 421,180 (429,500)
Unemployment
Revenues 378,487 380,356 402,724 131,847 385,780
Expenditures 186,813 112,106 401,396 32,992 123,970
Net Revenues Less Expenditures 191,674 268,250 1,328 98,856 261,810
Workers Compensation
Revenues 1,508,564 1,506,197 1,023,800 361,015 1,083,000
Expenditures 821,107 726,688 1,494,351 287,305 1,011,900
Net Revenues Less Expenditures 687,457 779,509 (470,551) 73,711 71,100
2015: Revenues reflect 2015-16 rate reduction, with GF savings go to the CIP Fund to reduce the deficit.
Employee Health & Wellness
Revenues 10,950,327 9,626,446 10,279,224 3,462,439 10,387,300
Expenditures 9,796,568 9,809,909 11,453,024 3,559,104 11,177,310
Net Revenues Less Expenditures 1,153,759 (183,463) (1,173,800) (96,664) (790,010)
Liability Insurance
Revenues 2,346,418 543,969 1,136,000 377,988 1,133,960
Expenditures 1,030,374 1,543,321 1,888,265 925,932 1,748,450
Net Revenues Less Expenditures 1,316,043 (999,353) (752,265) (547,944) (614,490)
2014: Revenues reflect a one-time adjustment to reduce cash reserves.
2015: Revenues reflect 2015-16 rate reduction, with GF savings go to the CIP Fund to reduce the deficit.
Property Insurance
Revenues 562,508 568,107 582,900 194,310 582,930
Expenditures 526,864 508,423 577,729 248,147 566,280
Net Revenues Less Expenditures 35,644 59,684 5,171 (53,838) 16,650
14
EMMININNO
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Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
Operating revenues and expenditures only, capital is excluded.
Street Operations
Revenues 1,668,470 2,759,099 2,553,574 (205,525) -7.4
Expenditures 654,950 694,395 683,047 (11,348) -1.6%
Net Revenues Less Expenditures 1,013,520 2,064,705 1,870,527
LEOFF I Retiree Benefits
Revenues 257,037 400,510 154,350 (246,160) -61.5
Expenditures 257,699 279,062 431,480 152,418 54.6%
Net Revenues Less Expenditures (662) 121,448 (277,129)
Revenues: March/April contributions pending ($130k)
Expenditures: Claims $138k higher through April
Lodging Tax
Revenues 48,975 53,733 58,590 4,857 9.0%
Expenditures 44,250 9,904 13,195 3,291 33.2%
Net Revenues Less Expenditures 4,725 43,829 45,395
Youth/Teen Programs
Revenues 325,744 343,755 342,358 (1,397) -0.4%
Expenditures
Net Revenues Less Expenditures 325,744 343,755 342,358
Capital Improvement
Revenues 3,144,559 2,744,571 3,789,259 1,044,688 38.1%
Expenditures 564 8,705 4,400 (4,305) -49.5%
Net Revenues Less Expenditures 3,143,994 2,735,865 3,784,859
Revenues: REET $828k higher than 2014; Sales Tax $223k higher than 2014
Criminal Justice
Revenues 746,550 804,765 819,112 14,347 1.8%
Expenditures 605,028 672,268 732,827 60,559 9.0%
Net Revenues Less Expenditures 141,522 132,497 86,286
Sho Ware Operating
Revenues 92,038 105,576 81,282 (24,294) -23.0%
Expenditures 158,166 188,771 21,811 (166,960) -88.4%
Net Revenues Less Expenditures (66,129) (83,195) 59,471
Water Utility
Revenues 5,043,178 5,297,607 5,118,753 (178,854) -3.4
Expenditures 4,842,922 5,440,703 3,661,386 (1,779,317) -32.7%
Net Revenues Less Expenditures 200,256 (143,096) 1,457,367
Sewer/Drainage Utility
Revenues 14,204,229 14,798,457 15,471,771 673,314 4.5
Expenditures 13,601,981 11,785,395 11,705,403 (79,992) -0.7%
Net Revenues Less Expenditures 602,249 3,013,062 3,766,368
15
EMMININNO
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Other Funds Overview (Revenues and Expenditures)
Year-to-Year Month Comparison
Operating revenues and expenditures only, capital is excluded.
Golf Complex
Revenues 578,034 562,389 643,437 81,048 14.4%
Expenditures 814,853 762,665 779,901 17,236 2.3%
Net Revenues Less Expenditures (236,819) (200,275) (136,464)
Fleet Services
Revenues 1,346,656 1,467,054 1,522,257 55,204 3.8%
Expenditures 1,037,635 1,179,343 766,955 (412,389) -35.0%
Net Revenues Less Expenditures 309,021 287,710 755,303
Central Services
Revenues 86,340 107,408 117,693 10,285 9.6%
Expenditures 128,296 93,671 130,277 36,606 39.1%
Net Revenues Less Expenditures (41,956) 13,736 (12,584)
Information Technology
Revenues 1,875,068 2,257,036 2,310,748 53,711 2.4%
Expenditures 2,003,506 1,861,204 2,194,139 332,935 17.9%
Net Revenues Less Expenditures (128,438) 395,832 116,608
Facilities
Revenues 1,634,950 1,698,829 1,765,179 66,350 3.9%
Expenditures 1,232,193 1,288,416 1,343,999 55,584 4.3%
Net Revenues Less Expenditures 402,757 410,413 421,180
Unemployment
Revenues 127,141 125,435 131,847 6,412 5.1%
Expenditures 62,086 7,810 32,992 25,181 322.4%
Net Revenues Less Expenditures 65,055 117,624 98,856
Workers Compensation
Revenues 490,689 474,774 361,015 (113,758) -24.0%
Expenditures 21,534 259,229 287,305 28,075 10.8%
Net Revenues Less Expenditures 469,156 215,544 73,711
Employee Health & Wellness
Revenues 3,691,418 3,293,411 3,462,439 169,028 5.1%
Expenditures 3,260,107 3,249,638 3,559,104 309,466 9.5%
Net Revenues Less Expenditures 431,311 43,773 (96,664)
Liability Insurance
Revenues 782,051 664,677 377,988 (286,690) -43.1%
Expenditures 803,843 860,462 925,932 65,470 7.6%
Net Revenues Less Expenditures (21,792) (195,784) (547,944)
Property Insurance
Revenues 187,487 189,364 194,310 4,946 2.6%
Expenditures 261,010 266,857 248,147 (18,710) -7.0%
Net Revenues Less Expenditures (73,523) (77,493) (53,838)
16
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17
*�'�� rw� � FINANCE
Aaron BeMiller, Director
Phone: 253-856-5260
Fax 253-856-6255
Address: 220 Fourth Avenue S.
Kent,WA. 98032-5895
DATE: June 2, 2015
TO: Kent City Council Operations Committee
FROM: Aaron BeMiller, Finance Director
SUBJECT: RFA Summary Analysis for Kent and Auburn
MOTION: NO MOTION REQUIRED; INFORMATION ONLY.
SUMMARY: Earlier this year, Finance was asked to provide an update to the
Operations Committee comparing the City's contract with the Kent Fire Department
RFA and the City of Auburn's contract with the VRFA. The chart below provides a
high level comparison of the two contracts and services provided. However, it does
not take into account the level of service or related costs. Costs will be discussed
during the conversation on this agenda item.
Item Description Kent Auburn
Board of Governance Six (Three each from Nine (Three each from
(RCW 52.26.080 and Kent and Fire District cities of Auburn, Algona
RFA Plan) 37) and Pacific
Fire Benefit Charge? Yes Yes
Current Maximum RFA $1.00 $1.00
Property Tax Levy Rate
City Payment to RFA for Yes No (in-house)
Emergency Management
Services?
City Payment to RFA for Yes No
Fire Prevention
Services?
City Payment to RFA for Yes No
Fire Investigation
Services?
Permit and Plan Review Fees Excludes Fire Im act Fees):
Assessment of fees City Council VRFA Board
Collection of fees Yes - Revenues Yes Non-revenues
Remittance of fees No Yes (Non-expenses)
Fire Impact Fees? N/A Yes
Retains responsibility for Yes — Direct payment to Yes — Reimbursement to
LEOFF I Medical? provider VRFA
City retained ownership Yes (certain exceptions) Yes
of real property at RFA
formation?
18
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19
40 Benefits Division
* Becky Fowler, Manager
Phone: 253-856-5290
Keay " Fax: 253-856-6270
Address: 400 West Gowe
Kent, WA 98032-5895
DATE: June 2, 2015
TO: Operations Committee
FROM: Becky Fowler, Benefits Manager
SUBJECT: Hyas Group Consultant Services Agreement Renewal
MOTION: Recommend Council authorize the three year consultant services agreement
with the Hyas Group subject to approval of final terms and conditions by the City
Attorney.
SUMMARY:
The Hyas Group, LLC provides consultant services for the City's deferred compensation
(457) plan. The Hyas Group agrees to serve as a co-fiduciary, providing investment
performance monitoring, plan administration, education and training and ongoing
support to the City's fiduciary committee. In addition, the Hyas Group will be
performing a Request for Proposal (RFP) for the City's third-party administrator deferred
compensation plan in 2015/16.
BACKGROUND:
The City's fiduciary committee recommends continuing the consultant services
agreement with the Hyas Group. The Hyas Group is an independent investment
consulting firm that provides services largely to institutional investors including defined
contribution and defined benefit retirement plan clients along with endowments and
foundations. The Hyas Group partners have over 45 years of combined experience
serving clients in an institutional investment consulting capacity and the firm has been
providing investment consulting services since its founding.
Exhibit:
Budget Impact: $157,000 ($117,000/three year contract and $40,000/RFP
services)
20
y Ta
`�'
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Hyas Group, LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Hyas Group, LLC organized under the laws of the State of Oregon,
located and doing business at 108 NW gth Avenue, Suite 203, Portland, Oregon (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:
• Investment Performance Monitoring: Contractor will conduct quarterly
performance reviews for the City of Kent 457 Deferred Compensation Plan
• Investment Manager and Plan Administration Provider monitoring and due
diligence: Contractor will monitor key staffing changes, regulatory and legal issues,
the organizational stability and the financial positions of the firms providing
investment management and plan administration services to the 457 Plan.
• Investment Manager Search and Selection: Contractor will perform searches
for investment managers to supplement or replace existing Plan investment
managers as directed by the Committee.
• Investment Policy Statement: Contractor will review and assist with
maintaining the Plan's Investment Policy Statement.
• Education/Communication and Training: Contractor will provide comprehensive
guidance to the Committee and Plan Administrator to assist their administration of
the Plan.
• Co-Fiduciary Role: Contractor agrees to serve as a co-fiduciary to the City's
457 Deferred Compensation Plan
• Ongoing support and response to informational requests assigned by the
City.
• Request for Proposal Project: RFP for third party administration services to
begin 3Q 2015 and conclude 2Q 2016 (See Attachment A for Scope of Services).
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
21
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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I
within each quarter.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, not to exceed
the following amounts per calendar quarter for the services described in Section I of
this Agreement, excluding the RFP for Third Party Administrator Project, which is
addressed in Item C. below:
Term Annual Fee Calendar Quarter Invoice
July 1, 2015 - June 30, $38,000 $9,500
2016
July 1, 2016 - June 30, $39,000 $9,750
2017
July 1, 2017 - June 30, $40,000 $10,000
2018
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 as noted in the above chart.
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.
C. RFP for Third Party Administration Project: The Consultant shall submit
f o u r quarterly payment invoices, not to exceed the amount of $10,000 per
quarter for a total of $40,000, to the City for work performed beginning in 3Q
2015 and concluding 2Q 2016. 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 - 2
(Over$10,000)
22
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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
23
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 liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having 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 #1 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 City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
24
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 Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. 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. Counterparts. 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.
XIV. ADDITIONAL TERMS.
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
25
A. Amendment to Original Consulting Services Agreement. See Attachment B for the
Hyas Group's Additional Terms as required by the Securities and Exchange Commission for
consulting services.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT SERVICES AGREEMENT - 6
(Over$10,000)
26
CONSULTANT: CITY OF KENT:
Gregory T. Settle [Insert Name of City Rep. to Receive Notice]
Hyas Group City of Kent
108 NW 9th Avenue, Suite 203 220 Fourth Avenue South
Portland, OR 97209 Kent, WA 98032
(971)634-1505 (telephone) (253) [Insert Phone Number] (telephone)
(971) 275-1856 (facsimile) (253) [Insert Fax Number] (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field.you may enter the electronic filepeN where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 7
(Over$10,000)
27
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.
Dated this day of 20 .
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
28
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
29
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.
Dated this day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
30
ATTACHMENT A
CITY OF KENT, WASHINGTON DEFERRED COMPENSATION PLAN
Third Party Administrator(TPA)Request for Proposal(RFP)Project Scope of Work
Initial planning and coordination
• Discuss and finalize goals and objectives and establish formal timeline
• Identify roles and responsibilities
Committee training, education and orientation
• Provide training on modern defined contribution plan design, features and services
• Benchmark current Plan to "State of the Art" in DC industry
• Lead RFP goal and design discussion with Committee
Data gathering and RFP document issuance
• Collect data and distill important information for the compilation of the RFP
• Create draft of RFP encompassing data and goals and objectives
• Discuss and finalize RFP document
• Release RFP to TPA Industry
• Respond to interested TPA questions and data requests
Collect and analyze RFP responses
• Collect RFP response and related materials
• Organize information and begin RFP analysis
• Finalize RFP analysis report and send to client
• Meet with Committee to review analysis, make recommendations and select finalists
• Schedule interviews with finalist vendors if necessary
Provider interview sessions (if required)
• Notify finalist vendors of interview requirements and evaluation criteria
• Provide Committee with interview format and evaluation criteria
• Facilitate interview session by tracking time and providing direction to all parties
• Provide recommendations and post interview analysis
• Assist in arriving at final TPA selection decision
Final negotiations and contract preparation
• Contact selected TPA to finalize any interview and/or offer specifics
• Draft and/or review proposed contract language
• Work with TPA and City to finalized contract language
• Prepare investment option evaluation and recommendation report, if needed
• Meet with Committee to finalize the investment menu changes, if needed
Transition planning and assistance
• Work with TPA and City to establish timeline and outline responsibilities
• Coordinate communications between the City,the TPA and other service providers
• Facilitate regular transition discussions
• Review all participant communication materials
• Evaluate investment mapping and investment related materials as needed
• Monitor timeline and task completion
Hyas Group,LLC • 108 NW 9'"Avenue,Suite 203, Portland,Oregon 97209 • ph:971-634-1500&:971-275-1556
31
goll
ATTACHMENT B
AMENDMENT TO ORIGINAL CONSULTING SERVICES AGREEMENT
City of Kent and Hyas Group, LLC
ADDITIONAL TERMS:
8.1 Proxy Voting. We do not exercise proxy voting authority over client securities. The obligation to vote client
proxies at all time rests with you. However, you are not precluded from contacting us for advice or information
about a particular proxy vote. However, we will not be deemed to have proxy voting authority as a result of
providing such advice to you.
Should we inadvertently receive proxy information for a security held in the Plan's account, we will immediately
forward such information to you,but we will not take any further action with respect to the voting of such proxy.
Upon termination of this Agreement, we will make a good faith and reasonable attempt to forward proxy
information inadvertently received by us on your behalf to the forwarding address you provide to us.
8.2 Risk. You recognize that there may be loss or depreciation of the value of any investment due to the fluctuation
of market values. You represent that no party to this Agreement has made any guarantee, either oral or written,that
the Plan's investment objectives will be achieved. We will not be liable for any error in judgment and/or for any
investment losses in the absence of malfeasance,negligence or violation of applicable law.Nothing in this
Agreement will constitute a waiver or limitation of any rights,which you may have under applicable state or federal
law, including without limitation state and federal securities laws.
8.3 Confidentiality. In connection with the performance of our services under this Agreement,we will hold any
confidential information received from you in strict confidence. We will not disclose such information to any third
party,except in compliance with our privacy policy,as necessary to perform our services on your behalf, or as
required by law. You also agree that you will respect the proprietary nature of our work product, and only disclose
our advice,reports and recommendations to others in a manner consistent with the intended purposes of our
engagement.
8.4 No Waiver.No waiver of rights under this Agreement or the Scope of Work hereunder by either party shall
constitute a subsequent waiver of this or any other right under this Agreement.
8.5 Severability.In the event that any of the terms of this Agreement or any Scope of Work hereunder or the
performance of any obligation by either party thereunder becomes or is declared to be illegal by any court of
competent jurisdiction or other governmental body, such term(s) shall be null and void and shall be deemed deleted
from this Agreement or the Scope of Work. All remaining terms of this Agreement shall remain in full force and
effect.
8.6 Acknowledgement of Receipt of Part 2 Form ADV. Client acknowledges that it has received and has had an
opportunity to read Consultant's firm brochure(Form ADV, Part 2A)and applicable brochure supplements(Form
ADV,Part 213)prior to,or at the time of, entering into this Agreement.
8.7 Acknowledgement of Receipt of Privacv Notice. Client acknowledges that it has received and has had an
opportunity to read Consultant's privacy notice prior to,or at the time of, entering into this Agreement.
8.8 408(bb)(2) Service Provider Disclosure. In compliance with the Department of Labor regulations under ERISA
sec. 408(b)(2), concerning service provider fee disclosures,we believe the standard Hyas Group service agreement
complies with said regulation. We are considered a"covered service provider"as we are providing services to the
Plan as a registered investment advisor under the Investment Advisors Act of 1940. Our CRD number 149122 and
our SEC File number is 801-69938.
32
City„of Kent Hyas Group,LLC
Signature: _ Signature:
Name: _ Name: W. Dale Parker
Title: _ Title: Managing Partner
Date: Date: 5/26/15
s Phone: Phone: (971)634-1502
s Mobile: Mobile: (503) 869-6081
Fax Fax: (971)275-1856
Email: _ Email: dparker@hyasgroup.com
Mailing Address: Mailing Address:
Hyas Group, LLC
108 NW 9 h Avenue, Suite#203
Portland, OR 97209
33
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+, 52
CERTIFICATE OF LIABILITY INSURANCE
7/25/2014
THIS CERTIFICATE IS ISSUED AS A MATI'ER 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 13Y THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and Conditions of the poiley,certain policies may require an endorsement. A statement on this certificate does not Connor rights to the
certificate holder In Ileu of such endorsemenl(s).
PRODUCER CONTACTMichelle Pelletier
NAME;
AIBI dba Pan American Insurance Agency, Inc. ExflPHONE ' , (916)286-5960 PAX ./916)Ea6-3996
CA License (1 OF89850 - 'MgIL
ADDRESS'
PG Pox 13792 INSURERS)AFFORDING COVERAGE NAIC0 '
Sacramento CA 95853 INSURERAMartford Casualty Ins Company Comparry 29424
INSURED INSURERB:AXIS Surplus Insurance Compare
Hyas Group, LLC INSURER c;Se_n_tinel Insurance Company 1100
108 NW 9th Ave INSURER D: _
Ste 203 INSURER E:
Portland OR 97209 INSURRRF:
COVERAGES CERTIFICATE NUMBER:CL1472545657 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 WfIICl1 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 ADD OR POLICYEFF OLICYEXP
LTR TYPE OF INSURANCE POLICY NUMBER MMIODj=w—myl LIMITS
GENERAL LIAaIUTY FACHOCCURRENCE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY TPO REN 300,000
PRFMISF.s fa oc,,un.rn $
A CVilMS-M11AOE ®OGCVR $7SBAOY4351 R/1/2014 8/1/2015 MED EXP(My one peraen) $ 10,000
PERSONAL$ADVINJURY S 2,000,000
GENERALAGGREGATE _ $ 4,000,000
GENT.AGGREGATE.I.IMIT APPLIES PER: PRODUCTS-COMPIOP AGG 3 4,BOB,000
X POLICY PRO- IAC S _
AUTOMOBILE LIABILITY UUMBINhU SINGLE LIMIT
{Ea zccitlenJ_ 2 000 000
A ANYAUTO BODILY INJURY(Per parson) S
ALLOIANE F7 SCHEDULED 73BAUY4351 /1/2014 0/1/2015 EDGILY INJURY(Per accldam) $ '
AUTOS AUTOS
X HIRED AUTOS NON-OX AUTOSWNED R8OPcZDAMAGE S
re
_ 3
UMBRELLA iIgB OCCUR EACH OCCURRENCE S
EXCESS LIAR CLAIMS-MA➢E AGGREGATE $
_ DED I RETENTIONS -$
WORKERS COMPENSATION X VJC BTATD- DTH-
AND EMPLOYERS'LIABILITY
ANY PROPRIETOWARTNER/EXECUTIVE IY'� NIA
57WECZV5493 4/15/2014 4/15/2015 F.7..F,ACHACCIDENT 5 1000 000
C. -OFFICERIMEMBEft EXCLUOED7 �J
(Mot,docryle NHi EL.DISEASE-EA EMPLOYE $ 1,000,000
if Yas, IPUOaUncle/
➢ESCRIPTION OF OPERATIONS helow E,L.DISEASE-POLICY LIMB $ 1,000,000
B Professional Liability SM769867 9/1/2014 e/1/2015 S31000'00o each loss $100,000
Claims Made Form S3;o00,nn7 aDO,aeale Retention
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 10f,Atltlllmnal Remarks Schedule,If more space is familredi
City of Kent is named as additional insured as respects the general liability policy if required by a
written contract per form SS 00 08 04 05 attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of KentACCORDANCE WITH THE POLICY PROVISIONS,
Attn: Becky Fowler AUTHORIZED REPRESENTATIVE
220 Fourth Avenue South
Kent, WA 98032
Steve Martin/MICTIEL
ACORD 25(2010106) 01988-2010 ACORD CORPORATION. All rights reserved.
INS025(2010051.01 The ACORD name and logo are registered marks of ACORD
Hdditional Insuroc) 53
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not
control of, or over which.physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage"
purpose by you, any of your that occwred;or
"employees", "volunteer workers",
any partner or member (if you are (2) 'Personal and advertising injury"
a partnership or joint venture), or arising out of an offense committed
any member (if you are a limited before you acquired or formed the
liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your"employee"or With respect to 'mobile equipment" registered in
"volunteer worker"), or any organization your name under any motor vehicle registration
while acting as your real estate manager. law, any person is an insured while driving such
c. Temporary Custodians Of Your equipment along a public highway with your
Property permission. Any other person or organization
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability
temporary custody of your property if you arising out aLthe operation of the equipment,and
die,but only: only if Jonsuranceof any kind is available
(1) Wifh respect to liability arising out of the to Ihatn r organization for this liability.
maintenance or use of that property;and How verson or organization is an insured
(2) Until your legal representative has wi :
been appointed, dlly Injury" to a co-"employee" of the
d. Legal Representative If You Die ON
arson driving the equipment;or
Your legal representative if you die, but aW. "Properly damage" to property owned by,
only with respect to duties as such. That rented to, in the charge of or occupied by
representative will have all your rights and you or the employer of any person who is
duties under this insurance. an insured under this provision.
o. Unnamed Subsidiary 5. Operator of Nonowned Watercraft
Any subsidiary and subsidiary there o Willi respect to watercraft you do not own that
yours which is a legally Incorpilir y is less than 51 feet long and is not being used
of which you own a finand of to carry persons for a charge,any person is an
more than 50% of the v on the Insured while operating such watercraft with
effective date of this Cov a your permission. Any other person or
The insurance .offer efn for airy organization responsible for the conduct of
subsidiary not ow In a Declarations such person is also an insured, but only with
a named i respect to liability arising out of the operation
as as not apply to
njury or damage lth respect to which an of the watercraft, and only if no other
insured under thi insurance Is also an insurance of any kind is available to that
insured under another policy or would be person or organization for this liability.
an insured undor such policy but for its Howovor, no person or organization is an
termination or upon the exhaustion of its insured with respect to:
limits of insurance. a. "Bodily injury" to a co-"employee" of the
3. Newly Acquired Or Formed Organization person operating the watercraft;or
Any organization you newly acquire or farm, b. 'Property damage" to property owned by,
other than a partnership, joint venture or rented to, in the charge of or occupied by
limited liability company, and over which you you or the employer of any person who is
maintain financial interest of more than 50%of an insured under this provision.
the voting stock, will qualify as a Named 6. Additional Insureds When Required By
Insured if there is no other similar insurance Written Contract, Written Agreement Or
available to that organization. However: Permit
a. Coverage cinder this provision is afforded The person(s) or organization(s) identified in
only until the 180th day after you acquire Paragraphs a. through f. below are additional
or form the organization or the and of the insureds when you have agreed, in a written
policy period,whichever is earlier;and
Form SS 00 08 04 05 Page 11 of 24
Additional Insured; 54
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such
permit issued by a state or political inspections, adjustments, tests or
subdivision, that such person or organization servicing as the vendor has
be added as an additional insured on your agreed to make or normally
policy, provided the injury or damage occurs undertakes to make in the usual
subsequent to the execution of the contract or course of business, in connection
agreement,or the issuance of the permit. with the distribution or sale of the
A person or organization is an additional products;
insured under this provision only for that (t) Demonstration, installation,
period of time required by the contract, servicing or repair operations,
agreement or permit. except such operations performed
at the vendor's premises in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
person or organization is included as an product;
additional insured by an endorsement issued (g) Products which, after distribution
by us and made a part of this Coverage Part, or sale by you, have been labeled
including all persons or organizations added or relabeled or used as a
as additional insureds under the specific ntainer, part or ingredient of any
additional insured coverage grants in Section ter thing or substance by or for
F.—Optional Additional Insured Coverages. ondor;or
a. Vendorsiitocilly injury" or "property
Any person(s) or organization(s) (referred to damage" arising out of the rota
below as vendor), but only with respect to negligence of the vendor for its
'bodilyinjury" or "properly dame e" arising awn acts or emissions or those e
� ry,� g g its employees or anyone else
out of "your products" which are distributed acting on its behalf. However,this
or sold in the regular course of the vendor's exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily Injury" or (i) The exceptions contained in
"property damage" included within th Subparagraphs(d)or(1);or
"products-completed operations hazard". (11) Such inspections, adjustments,
(1) The insurance afforded to th r tests or servicing as the vendor
is subject to the followlnb�it] nal has agreed to make or normally
exclusions: b undertakes to make in the usual
This insurance densIlk , to' course of business, in
connoction with the distribution
(a) "Bodily inj "properly or sate of the products.
damage" to
wh the vendor Is (2) This insurance does not apply to any
obligat y damages by insured
reason a assumption of person organization from
liability in contract or agreement. whom you have acquired
uired such products,
This exclusion does not apply to or any ingredient, part or container,
liability for damages that the entering into, accompanying or
containing such products.
vendor would have in the absence
of the contract or agreement; b. Lessors Of Equipment
(b) Any express warranty (1) Any person or organization from
unauthorized by you; whom you lease equipment; but only
with respect to their liability for "bodily
(c) Any physical or chemical change injury", "properly damage" or
in the product made intentionally "personal and advertising injury"
by the vendor; caused, in whole or in part, by your
(d) Repackaging, except when maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such
inspection, demonstration, testing, person or organization.
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the,
original container;
Page 12 of 24 Form SS 00 08 04 05
55
1�dditioual Insuxed<
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the Insurance afforded e. Permits Issued By State Or Political
to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but
"occurrence" which takes place after only with respect to operations
you cease to lease that equipment. performed by you or on your behalf for
c. Lessors Of Land Or Premises which the state or political subdivision
(1) Any person of organization from has issued a permit.
whom you lease land or premises, but (2) With respect to the insurance afforded
only with respect to liability arising out to these additional insureds, this
of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage"
leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations
to these additional insureds, this performed for the state or
insurance does not apply to: municipality;or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property darnago"
place after you cease to lease that included within the "products-
land or be a tenant in that pieted operations hazard".
premises;or f. AnOn1ot
er arty
(b) Structural alterations, new ( other person or organization who
construction or demolition an Insured under Paragraphs a,
operations performed by or on through e above, but only with
behalf of such person or V respect to liability for "bodily injury",
organization. "property damage" or "personal and
d. Architects,Engirfeers Or Surveyors advertising injury" caused, in whole or
(1) Any architect, engineer, or surveyor,but in part, by your acts or omissions or
only with respect to liability for "bodily the acts or omissions of those acting
injury", "property damage" or "persona., on your behalf:
and advertising Injury" caused,in w (a) In the performance of your
or in part, by your acts or omfs ' o ongoing operations;
the acts or omissions of those�cii (b) In connection with your premises
yourbehalf: ors owned by or rented to you;or
(a) In connection wf emises; (c) In connection with"your work"and
or Included within the "products-
(b) In the pe a of your cornploted operations hazard", but
ongoinge s performed by only if
you or c ehaff, (1) The written contract or written
(2) With respect t the insurance afforded agreement requires you to
to these additional insureds, the provide such coverage to
following additional exclusion applies: such additional insured;and
This insurance does not apply to (11) This Coverage fart provides
"bodily injury", "property damage" or coverage for "bodily injury" or
"personal and advertising injury" "property damage" included
arising cut of the rendering of or the within the ..products-
failure to render any professional completed operations hazard".
services by or for you,including; (2) With respect to the insurance afforded
(a) The preparing, approving, or . to these additional insureds, this
failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", 'property damage" or
reports, surveys, field orders, "personal arid advertising injury"
change orders, designs or arising out of the rendering of, or tho
drawings and specifications;or failure to render, any professional
(b) Supervisory, inspection, architectural, engineering or surveying
architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
l 56
Additional Insured
i BUSINESS LIABILITY COVERAGE FORM
I (a) The preparing, approving, or This General Aggregate limit does not
failure to prepare or approve, apply to "properly damage" to premises
maps, shop drawings, opinions, while rented to you or temporarily
reports, surveys, field orders, occupied by you with permission of the
change orders, designs or owner, arising out of fire, lightning or
drawings and specifications;or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.s. or 2.b above, whichever
I activities. applies,the most we will pay for the sum of all
The limits of insurance that apply to additional damages because of all "bodily injury",
insureds are described in Section D. — Limits "property damage" and medical expenses
Of Insurance. arising out of any one "occurrence" is the
How this insurance applies when other Liability and Medical Expenses Limit shown in
insurance is available to an additional Insured the Declarations.
is described in the Other Insurance Condition The most we will pay for all medical expenses
in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any
General Conditions. one person is the Medical Expenses Limit
No person or organization is an insured with shown in thikDeclarallons.
respect to the conduct of any current or past 4. Personal n dvertising Injury Limit
partnership, joint venture or limited liability Sut)j above, the most we will pay for
company that Is not shown as a Named Insured in th t all damages because of all
the Declarations. e I and advertising injury" sustained by
D. LIABILITY AND MEDICAL EXPENSES a person or organization is the Personal
LIMITS OF INSURANCE Advertising Injury Limit shown in the
eclarations.
1. The Most We Will Pay Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You
Declarations and the rules below fix the mos Limit is the most we will pay under Business
we will pay regardless of the number oi: Liability Coverage for damages because of
a. Insureds; "properly damage"to any one promises,while
Is. Claims made or"suits"brought o rented to you,or in the case of damage by fire,
c. Persons or organizations rW ' s or lightning or explosion, while rented to you or
bringing "suits". temporarily occupied by you with permission of
2. Aggregate Limits6 the owner.
The most we will pay for: In the case of damage by fire, lightning or
explosion,the Damage to Premises Rented To
a. Damages beca tidily injury" and You Limit applies to all damage proximately
"property dam Included In the caused by the same event, whether such
"products-complet operations hazard"is damage results from fire,lightning or explosion
the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds
b. Damages because of all other "bodily The most we will pay on behalf of a person or
injury", "property damage" or "personal organization who is an additional insured
and advertising injury", including medical underthis Coverage Pail is the lesser of:
expenses, is the General Aggregate Limit a. The limits of insurance specified in a
shown in the Declarations. written contract, written agreement or
This General Aggregate Limit applies permit issued by a state or political
separately to each of your "locations" subdivision;or
owned by or rented to you. b. The Limits of Insurance shown in the
"Location" means premises involving the Declarations,
some or connecting lots, or promises Such amount shall be a part of and not in
whose connection is interrupted only by a addition to the Limits of Insurance shown in
street, roadway or right-of-way of a the Declarations and described in this Section.
railroad.
Page 14 of 24 Form SS 00 08 04 05
Additional Insured 57
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any
policy and any endorsements attached thereto demands, notices, summonses or
applies to any claim or"suit", the most we will pay legal papers received in connection
under this policy and the endorsements is the with the claim or"suit';
single highest limit of liability of all coverages (2) Authorize us to obtain records and
applicable to such claim or "suit". However, this other information;
paragraph duos not apply to the Medical Expenses
limit set forth in Paragraph 3.above. (3) Cooperate with us in the investigation,
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the"suit"and
separately to each consecutive annual period and to (4) Assist us, upon our request, in the
any remaining period of less than 12 months,starting enforcement of any right against any
with the beginning of the policy period shown in the person or organization that may be
Declarations, unless the policy period is extended able to the insured because of injury
after issuance fa an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be may also apply.
deemed part of the last preceding period for purposes
of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost
E. LIABILITY AND MEDICAL EXPENSES No ins ed will, except at that insured's own
GENERAL CONDITIONS cost, vo tardy make a payment, assume
any o a n, or incur any expense, other
1. Bankruptcy th aid,without our consent.
Bankruptcy or Insolvency of the Insured or of o. d ti nal Insured's Other Insurance
the insured's estate will not relieve us of our Q e cover a claim or "suli under this
obligations under this Coverage Part. `overage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an
Offense,Claim Or Suit additional insured, such additional insured
a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the
You or any additional insured must see t other insurer for defense and Indemnity.
it that we are notified as soon However, this provision does not apply to
practicable of an "occurrence" o the extent that you have agreed in a
offense which may result in a cl ' o written contract, written agreement or
the extent possible, notice sho6 of e: permit that this insurance is primary and
non�contrlbutery with the additional
(1) How,when and wher rrence" Insured's own insurance.
or offense to place;
(2) The names an r es of any f. Knowledge 0#An Occurrence, Offense,
Claim Or Suit
injured pors ns d ' nesses;and
Paragraphs a, and b, apply to you or to
(3) The nature n tion of any injury any additional insured only when such
or damage arising out of the "occurrence", offense, claim or "suit" is
"occurrence"o offense. known to:
b. Notice Of Claim
(1) You or any additional insured that is
If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional
insured must: insured is a partnership;
(i) Immediately record the specifies of the (3) Any manager, if you or an additional
claim or "suit" and the date received; insured is a limited liability company;
and
(4) Any "executive officer" or insurance
(2) Notify us as soon as practicable, manager, if you or an additional
You or any additional insured must see to insured is a corporatlon;
it that we receive a written notice of the (5) Any trustee, if you or an additional
claim or"suit"as soon as practicable. insured is a trust;or
c. Assistance And Cooperation Of The (6) Any elected or appointed official,if you
Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
58
'Additi.onal Insured
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in rolianco
you and any additional insured. upon your representations.
3, Financial Responsibility Laws b. Unintentional Failure To Disclose
a. When this policy is certified as proof of Hazards
financial responsibility for the future under if unintentionally you should fail to disclose
the provisions of any motor vehicle all hazards rolating to the conduct of your
financial responsibility law, the insurance business at the inception date of this
provided by the policy for "bodily injury" Coverage Part, we shall not deny any
liability and "property damage" liability will coverage under this Coverage Part
comply with the provisions of the law to because of such failure,
the extent of the coverage and limits of 7. Other Insurance
insurance required by that law.
b. With respect to "mobile equipment" to a other valid and collectible insurance is
which this insurance applies, we will available fora loss we cover under this
provide any liability, uninsured motorists, Coverage Part, our obligations are limited as
underinsured motorists, no-fault or other follows:
coverage required by any motor vehicle a. Primary Insurance
law. We will provide the required limits for This in ranee is primary except when b.
those coverages. below, p '.s. if other insurance is also
4. Legal Action Against Us pri, will.share with all that other
No person or organization has a right under I e by the method described in c.
this Coverage Form: o
a. To join us as a party or otherwise bring us access Insurance
into a "suit' asking for damages from an his insurance is excess over any of the
insured;or other insurance, whether primary, excess,
b. To sue us on this Coverage Form unloss contingent or on any other basis:
all of its terms have been fully complied (1) Your Work
with. That is Fire, Extended Coverage,
A person or organization may sue us to roe Builder's Risk, Installation Risk or
on an agreed settlement or on a final ju n similar coverage for"your work";
against an insured; but we will note ab r (2) Premises Rented To You
damages that are not payable u s of
That is fire, lightning or explosion
this insurance or that are of the
Insurance for premises rented to you
settlement means a settle
applicable limit of tittle n a release
agreedelease of or temporarily occupied by you with
liability signed by us, a sured and the permission of the owner;
claimant or the claim opresentativa. (3) Tenant Liability
5. Separation Of inuu a That Is Insurance purchased by you to
Except with respect to the Limits of Insurance, cover your liability as a tenant for
and any rights or duties specifically assigned "property damage"to premises rented
in this policy to the first Named Insured, this to you or temporarily occupied by you
insurance applies: with permission of the owner;
a, As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft
Named Insured;and If the loss arises out of the maintenance
b. Separately to each insured against whom or use of aircraft,"autos"or watercraft to
a claim is made or"suit'is brought. the extent not subject to Exclusion g.of
6. Representations SectionA.—Coverages.
a t This Polio (5) Property Damage To Borrowed
. When You Accept y Equipment Or Use Of Elevators
By accepting this policy, you agree: If the loss arises out of "property
(1) The statements in the Declarations damage" to borrowed equipment or
are accurate and comploto; the use of elevators to the extent not
(2) Those statements are based upon subject to Exclusion k.of Section A.—
representations you made to us;and Coverages.
Page 16 of 24 Form SS 00 08 04 05
59
Additional Insured;
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other
Additional Insured To Other insurance, we will pay only our share of
Insurance the amount of the loss, if any, that
That Is other insurance available to exceeds the sum of:
you covering liability for damages (1) The total amount that all such other
arising out of the premises or insurance would pay for the loss in the
operations, or products and completed absence of this insurance;and
operations, for which you have been (2) The total of all deductible and self-
added as an additional insured by that insured amounts under all that other
insurance;or insurance.
(7) When You Add Others As An We will share the remaining loss,if any,with
Additional Insured To This any other insurance that is not described in
Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the
additional insured. Limits of Insurance shown in the
However, the following provisions Declarations of this Coverage Part.
apply to other insurance available to C. Matho Of Sharing
any person or organization who is an If all other insurance permits
additional insured under this Coverage con ' io y equal shares,we will follow
Part: tl i od also. Under this approach,
(a) Primary Insurance When c " surer contributes equal amounts
Required By Contract it has paid its applicable limit of
This insurance Is primary If you + surance or none of the loss remains,
have agreed in a written contract, whichaver comes first
written agreement or permit that if any of the other insurance(foes not permit
this insurance be primary. If other contribution by equal shares, we will
insurance is also primary, we will contribute by limits. Under this method,each
share with all that other Insuranc insurer's share is based on the ratio of its
by the method described it applicable limit of insurance to the total
below, applicable limits of insurance of all Insurers-
(b) Primary And Non-Con b 8. Transfer Of Rights Of recovery Against
To Other Inswa on Others To Us
required By Co r a. Transfer Of Rights Of Recovery
If you have g e a written If the insured has rights to recover all or
contract, wr' reement or part of any payment, including
permit at th Insurance Is Supplementary Payments, we have made
primary -contributory with under this Coverage Part, those rights are
the ad tonal insured's own transferred to us. The insured must do
insurance, this Insurance is nothing after loss to impair them. At our
primary and we will not seek request, the insured will bring "suit" or
contribution from that other transfer those rights to us and help us
insurance. enforce them. This condition does not
Paragraphs(a)and (b)do not apply to apply to Medical Expenses Coverage,
other insurance to which the additional b. Waiver Of Rights Of recovery (Waiver
insured has boon added as an Of Subrogation)
additional insured.
W If the insured has waived any rights or
When this insurance is excess, we will
e Part to recovery against any person or
have no duty under this Coverage organization for all or part of any payment,
defend the insured against any"suit"if any including Supplementary Payments, we
other insurer has a duty to defend the have made under this Coverage Part, we
insured against that "suit". If no other also waive that right, provided the insured
insurer defends, we will undertake to do waived their rights of recovery against
so, but we will be entitled to the insured's such person or organization in a contract,
rights against all those of insurers. agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
Additional Insured 60
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional insured-Grantor Of Franchise
COVERAGES WHO IS AN INSURED under Section C, is
It listed or shown as applicable in the Declarations, amonded to include as an additional insured
one or more of the following Optional Additional the person(s) or organization(s) shown in the
Insured Coverages also apply. When any of these Declarations as an Additional Insured -
Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to
Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you.
by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased
of Section C., Who Is An Insured,does not apply Equipment
to the person or organization shown in the a. WHO IS AN INSURED under Section C.is
Declarations. These coverages are subject to the amended to Include as an additional
terms and conditions applicable to Business insured the person(s) or organization(s)
Liability Coverage in this policy, except as shown in the Declarations as an Additional
provided below: Insured — Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for"bodily
Organization injury", "property damage" or "personal
WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or
amended to include as an additional Insured in part, your maintenance, operation or
the person(s) or organlzation(s) shown in the use of ec ment leased to you by such
Declarations, but only with respect to liability pe organization(s).
for "bodily injury", 'property damage" or b. i pact to the insurance afforded to
"personal and advertising Injury" caused, in a additional insureds, this insurance
whole or in part, by your acts or omissions or es not apply to any "occurrence" which
the acts or omissions of those acting on your akes place after you cease fo lease that
behalf: equipment.
a. In the performance of your ongoing Additional Insured - Owners Or Other
operations;or Interests From Whom Land Has Been
b. In connection with your premises owne Leased
by or rented to you. ' a. WHO IS AN INSURED under Section C.is
2. Additional Insured - Managers Or S amended to include as an additional
Of Premises 0 insured the person(s) or organization(s)
a. WHO IS AN INSURED under is shown in the Declarations Additional
Insured—Owners Or Otherr Interests From
amended to include as an t Insured
the person(s)or orga ' a n own in the Whom Land Has Been Leased, but only
Declarations as an at Insured - with respect liability arising out of the
Designated Po O r izatlon;but only ownership,maintenance a use of that part
of the land leased to you and shown in the
with respect to arising out of the
Declarations.
ownership,mainte nce or use of that part of
the premises lease to you and shown in the b. With respect to the insurance afforded to
Declarations. these additional insureds, the following
additional exclusions apply:
b. With respect to the insurance afforded to This insurance does not apply to:
these additional insureds, the following
additional exclusions apply: (I) Any "occurrence" that takes place
This insurance does not apply to: after you cease to lease that land;or
(1) Any "occurrence" which fakes place (2) Structural alterations, new
after you cease to be a tenant in that construction or demolition operations
premises;or performed by or on behalf of such
(2) Structural alterations, new person or organization.
construction or demolition operations 6. Additional Insured - State Or Political
performed by or on behalf of such Subdivision—Permits
person or organization. a. WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24 Form SS 00 08 04 05
61
Additional Insured' -
BUSINESS LIABILITY COVERAGE FORM
Insured — State Or Political Subdivision - (e) Any failure to make such
Permits, but only with respect to inspections, adjustments, tests or
operations performed by you or on your servicing as the.vendor has agreed
behalf for which the state or political to make or normally undertakes to
subdivision has issued a permit. make in the usual course of
b. With respect to the insurance afforded to business, in connection with the
these additional insureds, the following distribution or sale of the products;
additional exclusions apply: (f) Demonstration, installation,
This insurance does not apply to: servicing or repair operations,
(1) "Bodily injury", "property damage" or except such operations performed
"personal and advertising injury" at the vendor's premises in
connection with the sale of the
arising out of operations performed for
the state or municipality;of product;
(2) "Bodily injury" or "property damage" (g) Products which, after distribution
included in the 'product-completed or sale you,have been labeled
operations"hazard. or relabeled or used of a
container, part or ingredient of any
7. Additional Insured—Vendors 5dily
r thing or substance by or for
a. WHO IS AN INSURED under Section C.is endor;or
amended to Include as an additional injury" or "property
insured the person(s). or organization(s) damage" arising out of the solo
(referred to below as vendor) shown In the negligence of the vendor for its
Declarations as an Additional Insured - own acts or omissions or those of
Vendor, but only with respect to "bodily its employees or anyone else
injury" or"properly damage" arising out of acting on its behalf. However,this
"your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (1) The exceptions contained in
business and only If this Coverage Part Subparagraphs(d)or(f);or
provides coverage for "bodily injury" o
"properly damage" included within (li) Suchinspections,
"products-completed operations haza ". adjustments, tests orrservicing
serrvviccinging
as the vendor has agreed to
b. The insurance afforded to the n< s make or normally undertakes
subject to the following addlfr ns:
to make in the usual course of
(1) This insurance does do: business, in connection with
(a) "Bodily inj "property the distribution or sale of the
damage" for a vendor is products.
obligat o damages by (2) This insurance does not apply to any
reason a assumption of insured person or organization from
liability in contract or agreement. whom you have acquired such
This exclusion does not apply to products, or any ingredient, part or
liability for damages that the container, entering into,
vendor would have in the absence accompanying or containing such
of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured--Controlling Interest
unauthorized by you; WHO IS AN INSURED under Section C. is
(e) Any physical or chemical change amended to include as an additional insured
in the product made intentionally the person(s) or organization(s) shown in the
by the vendor; Declarations as an Additional Insured —
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to
solely for the purpose of inspection, their liability arising out of:
demonstration, testing, or the a. Their financial control of you;or
substitution of pans under b. Premises they own, maintain or control
instructions from the manufacturer, while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
t
i Additional Tnsi.ired 62
I
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply Co structural The limits of insurance that apply to additional
alterations, new construction and demolition Insureds aro described in Section D. - Limits Of
operations performed by or for that person or Insurance.
organization. How this insurance applies when other insurance
9. Additional Insured — Owners, Lessees Or is available to an additional insured Is described in
Contractors — Scheduled Person Or the Other Insurance Condition in Section E. —
Organization I-lability And Medical Expenses General
a. WHO IS AN INSURED under Section C. is Conditions.
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
Insured—Owner, Lessees Or Contractors, 1• "Advertisement" means the widespread public
but only with respect to liability for "bodily dissemination of information or images that
Injury", "property damage" or "personal has the purpose of inducing the sale of goods,
and advertising injury" caused, in whole or products or services through:
in part, by your acts or omissions or the a. (1) Radio;
acts or omissions of those acting on your (2) Television;
behalf:
Bill to
(1) In the performance of your ongoing 1(3) ;
(4) M az e;
operations for the additional
insured(s);or {5 spaper,
(2) In connection with "your work" b• ernet, but only that part of a web
performed for that additional insured that is about goods, products or
and included within the "products- ervices for the purposes of inducing the
completed operations hazard", but sale of goods,products or services;or
only if this Coverage Part provides c. Any other publication that is given
coverage for "bodily Injury" or widespread public distribution.
"property damage" included within the However,"advertisement"does not include:
"products-completed operation
hazard" a. The design, printed material, information
or images contained in, on or upon the
b. With respect to the insurance aff o packaging or labeling of any goods or
these additional insureds, this' i ur ce products;or
dons not apply to "bodily faJ arty
damage" or "personal edising b. An interactive conversation between or
injury" arising out of h r ing of, or among persons through a computer network.
the failure to rend professional 2. "Advertising Idea" means any idea for an
architectural, in ri or surveying "advertisement",
services,includi S. "Asbestos hazard" means an exposure or
(1) The preparin approving, or failure to threat of exposure to the actual or alleged
prepare or approve, maps, shop properlies of asbestos and includes the mere
drawings, opinions, reports, surveys, presence of asbestos in any form.
field orders, change orders,designs or 4. "Auto" means a land motor vehicle, trailer or
drawings and specifications;or semi-trailer designed for travel on public
(2) Supervisory, inspection, architectural roads, including any attached machinery or
or engineering activities. equipment. But "auto" does not include
10. Additional Insured — Co-Owner Of Insured "mobile equipment".
Premises 5. "Bodily injury"means physical:
WHO IS AN INSURED under Section C. is a. Injury;
amended to include as an additional insured b. Sickness;or
the person(s) or Organization(s) shown in the c. Disease
Declarations as an Additional Insured — Co-
Owner Of Insured Premises, but only with sustained by a person and, if arising out of the
respect to their liability as co-ownor of the above,mental anguish or death at any time.
premises shown in the Declarations. 6. "Coverage territory"means:
Page 20 of 24 form SS 00 08 04 05
63
Addi.t.i.onal Tnsured
BU.SINESS LIABILITY COVERAGE FORM
a. The United States of America (including its b. You have failed to fulfill the terms of a
territories and possessions), Puerto Rico contract or agreement;
and Canada; if such property can be restored to use by:
b. International waters or airspace, but only if a. The repair, replacement, adjustment or
the injury or damage occurs in the course removal of "your product" or "your work";
of travel or transportation between any or
places included in a.above; b. Your fulfilling the terms of the contract or
c. All other parts of the world if the injury or agreement.
damage arises out of:
12. "Insured contract"means:
(1) Goods or products made or sold by you a. A contract for a lease of premises.
in the territory described in a,above; However, that portion of the contract for a
(2) The activities of a person whose home lease of premises that indemnifies any
is in the territory described in a. person or organization for damage by tire,
above, but is away for a short time on lightning or explosion to premises while
your business;or rented .to you or temporarily occupied by
(3) "Personal and advertising injury" you with permission of the owner is
offenses that take place through the subject to the Damage To Promises
Internet or similar electronic moans of Rents You limit described in Section
communication 6,— if and Medical Expenses Limits
provided the insured's responsibility to pay r nee.
damages is determined in the United States of b. 4 rack agreement
America (including Its territories and y easement or license agreement,
possessions), Puerto Rico or Canada, in a ncluding an easement or license
"suit" on the merits according to the agreement in connection with construction
substantive law In such territory, or In a or demolition operations on or within 50
settlement we agree to. feet of a railroad;
7, "Electronic data" means Information, facts or d. Any obligation, as required by ordinance,
programs: to indemnify a municipality, except in
a. Stored as or on; connection with work for a municipality;
b. Created or used on;or a. An elevator maintenance agreement;or
c. Transmitted to or from f. That part of any other contract or
computer software, includi 1 s and agreement pertaining to your business
applications software, h rd py disks, (including an indemnification of a
CD-ROMS, tapes, d ells, data municipality in connection with work
processing devices r a er media which performed for a municipality) tinder which
are used with cally controlled you assume the tort liability of another
equipment. party to pay for "bodily injury" or"property
B. "Employee" includes a 'leased worker". damage"to a third person or organization,
provided the "bodily injury" or "property
"Employee" does not include a "temporary damage" is caused, in whole or in part, by
worker". you or by those acting on your behalf.
9. "Executive officer" means a person holding Tort liability means a liability that would be
any of the officer positions created by your imposed by law in the absence of any
charter, constitution, by-laws or any other contract or agreement.
similar governing document. Paragraph f. includes.that part of any
10, "Hostile fire" means one which becomes contract or agreement that indemnifies a
uncontrollable or breaks out from where it was railroad for "bodily injury" or "property
intended to be damage" arising out of construction or
11. "Impairod property" means tangible property, demolition operations within 50 feet of any
other than "your product" or "your work", that railroad property and affecting any railroad
cannot be used or is less useful because: bridge or trestle, tracks, road-beds,tunnel,
a. It Incorporates "your product" or"your work" underpass or crossing.
that is known or thought to be defective, However, Paragraph f, does not include
deficient,inadequate or dangerous;or that part of any contract or agreement:
Form SS 00 08 04 05 Page 21 of 24
Additional. InNurec 64
BUSINESS LIABILITY COVERAGE FORM
(1) That indemnifies an architect, (1) Power cranes, shovels, loaders,
engineer or surveyor for injury or diggers or drills;or
damage arising out of: (2) Road construction or resurfacing
(a) Preparing, approving or failing to equipment such as graders, scrapers
prepare or approve maps, shop or rollers;
drawings, opinions, reports, o, Vehicles not described in a., le., c., or d.
surveys, field orders, change above that are not self-propelled and are
orders, designs or drawings and maintained primarily to provide mobility to
j specifications;or permanently attached equipment of the
(b) Giving directions or instructions, following types
or failing to give them, if that is the
primary cause of the injury or ('0 Air compressors, pumps and
damage;or generators, including spraying,
welding, building cleaning,
(2) Under which the insured, if an geophysical exploration, lighting and
architect, engineer or surveyor, wdl servicing equipment;or
assumes liability for an injury or (2) Cherry pickers and similar devices
damage arising out of the insured's us)d to raise or lower workers;
rendering or failure to render
professional services, including those I. Vehict t described in a., b., c., or d,
listed in (1) above and supervisory, abor a' ained primarily for purposes
inspection, architectural or n the transportation of persons or
engineering activities. r
13. "Leased worker" means a person leased to ever, self-propelled vehicles with the
YOU by a labor leasing firm, under an allowing types of permanently attached
agreement between you and the labor leasing equipment are not"mobile equipment" but
firm,to perform duties related to the conduct of will be considered"autos`:
your business. "Leased worker" does not (1) Equipment, of at least 1,000 pounds
include a"temporary worker gross vehicle weight, designed
14. "Loading or unloading" means the handlin c primarily for:
property: (a) Snow removal;
a. After it is moved from the plat&w (b) Road maintenance, but not
accepted for movement int t an construction or resurfacing;or
aircraft,watercraft or"au . (c) Street cleaning;
b. While it is in or on an air Qtercraft or (2) Cherry pickers and similar devices
"auto';or mounted on automobile or truck
c. While it Is bet m ed om an aircraft, chassis and used to raise or lower
watercraft or"a a place where it is workers;and
finally delivered; (3) Air compressors, pumps and
but 'loading or unloading" does not Include the generators, including spraying,
movement of property by means of a mechanical welding, building cleaning,
device, other than a hand truck, that is not geophysical exploration, lighting and
allached to the aircraft,watercraft or"auto". well servicing equipment.
15, "Mobile equipment"means any of the following 16. "Occurrence" means an accident, including
types of land vehicles, including any attached continuous or repeated exposure to substantially
machinery or equipment: the same general harmful conditions.
a. Bulldozers, farm machinery, forklifts and 17. "Personal and advertising injury"means injury,
other vehicles designed for use principally including consequential "bodily injury", arising
off public roads; out of one or more of the following offenses:
b. Vehicles maintained for use solely on or a. False arrest, detention or imprisonment;
next to premises you own or rant; b. Malicious prosecution;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Rage 22 of 24 Form SS 00 08 04 05
65
'Additional Insured
BUSINESS LIABILITY COVERAGE FORM
c. The wrongful eviction from, wrongful entry Work that may need service, maintenance,
into, or Invasion of the right of private correction, repair or replacement, but
occupancy of a room, dwelling or which is otherwise complete, will be
premises that the person occupies, treated as completed,
committed by or on behalf of its owner, The "bodily injury" or "property damage"
landlord or lessor; must occur away from premises you own
d. Oral, written or electronic publication of or rent, unless your business includes the
material that slanders or libels a person or selling, handling or distribution of "your
organization or disparages a person's or product" for consumption on premises you
organization's goods,products or services; own or rent.
e. Oral, written or electronic publication of b. Does not include "bodily injury" or
material that violates a person's right of "property damage"arising out of:
privacy; (1) The transportation of property, unless
f. Copying, in your "advertisement", a the injury or damage arises out of a
person's or organization's "advertising condition in or on a vehicle not owned
idea"or style of"advertisement"; or operated by you, and that condition
g. Infringement of copyright,slogan,or title of was created by the "loading or
any literary or artistic work, In your un ding" of that vehicle by any
"advertisement';or In re -or
h. Discrimination or humiliation that results in (2) istence of tools, uninsFalled
injury to the feelings or reputation of a pment or abandoned or unused
natural person. materials.
18. "Pollutants" means any solid, liquid, gaseous or 2�t�i _ dy damage"means:
thermal irritant or contaminant, Including smoke, `�� Physical injury to tangible property,
vapor,soot,fumes,acids,.alkakis,chemicals and Including all resulting loss of use of that
waste. Waste includes materials to be recycled, property. All such loss of use shall be
reconditioned or reclaimed. deemed to occur at the time of the
19. "Products-completed operations hazard"; physical injury that caused it;or
a. Includes all "bodily Injury" and "pro b. Loss of use of tangible property that is not
damage" occurring away from p, s physically injured. All such loss of use
you own or rent and arising of r shall be deemed to occur at the time of
product"or"your work"excq . "occurrence"that caused it.
(1) Products that are stil hysical As used In this definition, "electronic data" is
possession;or not tangible property.
(2) Work that has n y an completed 21• "Suit" means a civil proceeding in which
or abando ver, "your work" damages because of "bodily Injury", "property
will be deem d e completed at the damage" or "personal and advertising injury"
earliest of the flowing times: to which this Insurance applies are alleged.
(a) When all of the work called for in "Suit"includes:
Your contract has been completed. a. An arbitration proceeding in which such
(b) When all of the work to be done at damages are claimed and to which the
the job site has been completed if insured must submit or does submit with
your contract calls for work at our consent;or
more than one jab site. b. Any other alternative dispute resolution
(e) When that part of the work done at proceeding in which such damages are
claimed and to which the insured submits
a job site has been put to its
with our consent.
intended use by any person or
organization other than another 22. "Temporary worker" means a person who is
contractor or subcontractor furnished to you to substitute for a permanent
working on the same project, "employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker"means a person who:
a. Is not your"employee'
Form SS 00 08 04 05 Page 23 of 24
i
Additi.orial Insured), 66
BUSINESS LIABILITY COVERAGE FORM
b. Donates his or her work; (2) The providing of or failure to provide
o. Acts at the direction of and within the warnings or instructions.
( scope of duties determined by you;and c. floes not include vending machines or
d. Is not paid a fee, salary or other other property rented to or located for the
compensation by you or anyone else for use of others but not sold.
their work performed for you. 25. "Your work
24. "Your product": a. Means:
a. Means: (1) Work or operations performed by you
(1) Any goods or products,other than real or on your behalf;and
property, manufactured,sold, handled, (2) Materials, parts or equipment
distributed or disposed of by: furnished In connection with such work
(a) You; or operations.
(b) Others trading under your name; b. Includes:
or
(1) Warranties or representations made at
(c) A person or organization whose any time with respect to the fitness,
business or assets you have qu Ifty, durability, performance or use
acquired;and " r work";and
(2) Containers (other than vehicles), (2)6of
iding of or failure to provide
materials, parts or equipment gs or instructions,
furnished in connection with such
goods or products.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of"your product';and.
01
S
Page 24 of 24 Form SS 00 08 04 05
67
Is �`
G R 0 1 P
Hyas Group, LLC -
Privacy Notice
We, like other professionals who advise on personal financial matters are required to
inform our clients of our policies regarding the privacy of client information.
In the course of providing our clients with certain advice, we may receive nonpublic or
personal financial information from our clients, their accountants and other
representatives, such as financial statements, tax and income information and other
financial information. All nonpublic or personal information that we receive
regarding our clients or former clients is held in strict confidence in accordance with
our professional obligations, and is not released to people outside the Firm, except
with your consent or as required by law or to explain our actions to professional
organizations that we are members of. We may share certain information with non-
affiliated third parties who assist us in providing our services to you (such as
administrative and client service functions) or marketing services, to advise you of
our services, subject to the obligation of these third parties not to use or disclose
such information for any other purpose.
We retain records relating to professional services that we provide so that we are
better able to assist you with your professional needs and, in some cases to comply
with professional guidelines. In order to guard your nonpublic or personal
information from unauthorized disclosure, we maintain physical, electronic and
procedural safeguards.
Hyas Group,LLC • 108 NW 9th Avenue Suite 203, Portland,Oregon 97209 • ph.971-634-1503 fx 971-2755-1856