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HomeMy WebLinkAboutCAG2019-183 - Original - JayRay Ads & PR, Inc. - VisitKent.com and PR - 03/29/2019 NT Records Management [document was MNa*as CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: JayRay 34024 Vendor Number (JDE): Contract Number (City Clerk): (,IP,h7-019 — 1'33 Category: Contract Agreement Sub-Category (if applicable): None VisitKent.com and PR Project Name: upon execution 12/31/2019 Contract Execution Date: Termination Date: Contract Manager: Michelle WilmotDepartment: ECD Contract Amount: $96500 Budgeted: ❑� Grant? Part of NEW Budget: Local: State: Federal: El Related to a New Position: Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: Director ❑✓ Mayor ❑✓ City Council Other Details: CONSULTANT SERVICES AGREEMENT between the City of Kent and JAYRAY ADS & PR, INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JayRay Ads & PR, Inc. organized under the laws of the State of Washington, located and doing business at 535 Dock Street, Suite 205, Tacoma, WA 98402, 253-627-9128 (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: Statement of Work incorporated as Exhibit A Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above on January 1, 2019. Consultant shall complete the work described in Section I by December 31, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Ninety-Six Thousand Five Hundred and 00/100 Dollars ($96,500.00), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement: The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. Consultant Services Agreement- 1 JayRay VisitKent Website B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Consultant Services Agreement- 2 Ja yRa y VisitKent Website In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. 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. 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 Consultant Services Agreement- 3 Ja yRa y VisitKent Website 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. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. L. Standard Terms and Conditions. The City of Kent agrees to JayRay's standard terms and conditions, as outlined in Exhibit A. (Remainder of page left blank intentionally) Consultant Services Agreement- 4 JayRay VisitKent Website IN WITNESS, the parties below execute this Agreement, which shall become effective on JANUARY 1, 2019. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. RECIPIENT: JAYRAY CITY OF KENT: ByW: af�D-- (signature) (signa ure) Print Name: Bridget Baeth Print Name: Dana Ralph Its Principal Its Mayqr Date: Date: 'ot NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: RECIPIENT: CITY OF KENT: Bridget Baeth Michelle Wilmot, Economic Development JayRay Ads & PR, Inc. Manager 535 Dock Street, Suite 205 City of Kent Tacoma, WA 98042 220 Fourth Avenue South Kent, WA 98032 253-722-2690 (telephone) 253-856-5709 (telephone) APPR ED TO FORM: aw Department ATTESUVA Kent bty Clerk Consultant Services Agreement- 5 JayRay VisitKent Website 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. By: -A{� For: Title: Y-11 1('A(` �1' I�1' 1 ey- Date: ;— 1 EEO Compliance Documents - 1 JayRay VisitKent Website 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 JayRay VisitKent Website 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 .1 O I J Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as V\;;,A- that was entered into on the M(_CL�1 Ci 1.DI`'1 (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: cc Date: 3—;� �°l EEO Compliance Documents - 3 JayRay VisitKent Website EXHIBIT A Scone of Work Exhibit A- 1 V`ibie � � JAYRAY A PLACE TO THINK e.enril..g�Adv<,ddng I Srremglc Cenmunlmriem Kent, Visit Kent , .<o ' TOURISM PROGRAM a'o.°2r.pW4 u,anoD^oa January-December 2019 December 17,2018 VISITKENT.COM • • • • • Website(ContenL Hostirg&Maintenance Plan) Budget March June Sept. Dec. Write Kent travel blog and post to website(I food blog/monds;2.3 repurposed blogs/month) x x x x Refresh website content including events calendar and listings,seasonal hero banners,seasonal homepage map icons and incorporate new focta on food tourism x x x x Annual maintenance including software/plug-in costs,website hosting and technical support plan(weekly theme and plugin updates,daily cloud backups,2417 uptime monitoring and website restored when down within an hour) x x x x SOCIAL MEDIA SUBTOTAL $19,429 • • • • Oct.. Dec.Social Media Deliverables Budget March June Write and produce social content for Twitter,Insagram and Facebook,following approved social media plan and content Sept. calendar x x x X Develop and lead four foodie Inte gram takeovers,collaborating with local businesses to share their stories on Visit Kenes account(one per quarter) x x x x Community management and engagement(schedule and post content on Twitter.Instagram and Facebook,find photos from followers to post and grow followers), x X x x Update Visit Kent social media strategy to include food tourism promotion to leisure audience and travel media x Boosted post allowance(FB/IG)to increase engagement and grow website traffic x x x x Monthly report of engagement metrics x x x x SUBTOTALI $31,000 MARKETING • • • •. Oct.. Marketing Deliverables Budget March June Sept. Dec. Events and giveaway allowance:$3,00(ex:Apollo Anniversary celebration;Job Fair) x x Develop one shoulder season marketing campaign(focused on food/hotels)with sweepstakes to drive hotel stays x Annual advertising allowance(drive traffic to VisitKentcom) x x Creative(ad design and development of campaign landing page)(one round of revisions) x SUBTOTAL $19,000 MEDIA RELATIONS •Media Relations• Dec. Cision media database subscription(media lists,coverage monitoring) x x x x Provide monthly report and track earned media x x x x Media itinerary development and hosting allowance(for leisure/foodie writers) x x x x Develop 4 foodie tourism media pitches for leisure audience(one per quarter);distribute pitch and follow up x x x x PR Newswire(distribute one foodie tourism release(400 words max,3 basic photos)to US I Travel Newsline x x Micro-influencer campaign(invite 3 foodie influencers/bloggers to explore Kenes food scene(3 solo trips).Find influencers, develop itinerary and agreement form and create UBER business account to utilize for city transportation Includes hosting x X costs. PRSA Travel&Tourism Conference/Foodie Travel Writer Media Leads X SUSTOTALI $20,000 PROJECT MANAGEMENT • I Jart. • April. • I •. Oct.- Project Management Budget arch June Sept. Dec. I Develop project budgets and work plans,track goals and provide monthly report LX x X x Project status calls(4)with client(one per quarter) x x x x Strategy meetings(2)with client in-person x x SUBTOTAL $7,000 TOTAL 2019 BUDGET: $96,429 Approval I give JayRay my approval to proceed with this project/services based on this budget subject to Jaylkays Standard Terms and Conditions. Additional work outside of this scope will be billed separately at$185/hour.and agreed to by Visit Kent in advance. Signed by City of Kent Date JAYRAY A PLACE TO THINK �ti ndinq i A ivdralsinto j 3trategjc Communications 535 DOCK STREET SUITE 205 TACOMA,WA 98402 233.627.9126 fax 253.627.6548 STANDARD TERMS AND CONDITIONS Confidentiality The agency will keep confidential information that has not been made public and is designated as confidential by the client. Project Budgets The client and agency will agree on a budget for each project. Budgets will be based on a defined level of effort and expense. Acceptance of the budget by the client confirms that JayRay has been contracted by the client for the project as described. Project Changes Changes in project requirements, specifications or schedule may require a change in budget. JayRay will provide to the client a budget that reflects the changed level of effort and expense. Project Approvals JayRay will provide the client with proofs to assure accuracy of materials created on its behalf. JayRay will exercise reasonable care to avoid errors. The client retains final responsibility for the decision to print, produce or disseminate materials. Postponement or Cancellation If the project is cancelled or postponed prior to completion, the client agrees to pay JayRay for unbilled work done to date, including items ordered on client's behalf, commissions or markup as applies. Ownership The client owns all original artwork created by JayRay on its behalf, upon payment in full of the project invoice.Jaylkay's subcontractors (such as photographers and illustrators) retain ownership and possession of all original work they have created unless otherwise negotiated. Materials owned by the client and archived by JayRay may be destroyed after three years.JayRay retains the right to use work created for the client for its own self-promotion purposes.JayRay retains ownership of all concepts not selected for production by the client. Markups and Commissions The agency will add a 20 percent markup to all out-of-pocket costs such as printing, photography, broadcast production and research, incurred on behalf of the client. The agency will retain all commissions granted to recognized agencies and will mark up non-commissionable media billed through the agency equivalent to the standard 15 percent agency commission. Miscellaneous Charges Expenses such as photocopying, facsimile, postage, delivery, telephone and travel will not be marked up. They will be billed as estimated or billed at cost. Terms JayRay will invoice the client monthly electronically via email for work done in the previous calendar month, unless other arrangements are mutually agreed upon. The client agrees to pay agency invoices within 30 days of receipt unless otherwise agreed. A service charge of 1-1/2 percent per month will be added to all past due invoices. All work will be discontinued and media schedules cancelled when payment is 45 days in arrears. jurisdiction This agreement is governed by the laws of the State of Washington, and the client consents to the jurisdiction of the courts of Pierce County for any legal action related to this agreement. The client also agrees to pay all reasonable collection expenses, attorney fees, and court costs arising out of such disputes, whether or not a lawsuit is filed or served. Client/Agency Agreement Effective immediately,JayRay Ads & PR, Inc., is authorized by City of Kent to act as an advertising/public relations agent on our behalf. This agreement authorizes JayRay Ads & PR to develop and purchase printed materials, photography, media advertising, and other goods and services as necessary to carry out authorized and approved advertising/public relations programs on our behalf. When making approved purchases on our behalf,JayRay is acting only as our agent, and liability for payment for these goods and/or services remains ours. The agency will pay all vendors and media within 14 days of receipt of payment from the client. For City of Kent: Signed -' ''r Date Send invoices to Name: Email address: Phone number: Revised 3/28/19 EXHIBIT B INSURANCE REQUIREMENTS FOR LTAC GRANT AGREEMENT Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Exhibit B - 1 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B - 2 JAYRADS-01 LMIGUEL CERTIFICATE OF LIABILITY INSURANCE DATE1'Y) 05/11/20YY11/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jessica Unckles NAME: Servco Pacific Insurance I PHONE FAX 800 Fifth Ave.,Suite 2400 _(Aic,.No.nnq: 206)216-4125 _ (Arc,No):(206)260-2803 Seattle,WA 96104 I noD""assJessicau@servcopacific.com _ INSURER(8J AFFORDING COVERAGE NAIC A_ INSURERA:Travelers Indemni _Company of America 25666 INSURED INSURERe:Atiantic Specialtv Insurance CcII. 27154 JayRay Ads&PR Inc. JNSl1RERc_____�___ 535 Dock Street,Ste 205 INSURERD: Tacoma,WA 98402 ---- ____----- --^-------__ .__�--_----- INSURER E-_ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR1 - TADOLSUBR ------. _..._—rPOLICY�—POLICYEXP - --.- - ._. ----- LTR TYPE OF INSURANCE POLICY NUMBER LalITB A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE i X I OCCUR 680-1 D925560-18-42 05/19/2018 i 05119/2019 DAMAGES(RENTED 300,000 PREMISES R ceturrente). 5 _MED EXP(Any one person) S_ 5,000 PERSONAL&ADVINJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: j GENERAL AGGREGATE S___.__2,000,066 X .POLICY L]JECT D LOC i PRODUCTS-COMPIOPA60_ 5 2,000,000 X OTHER:WA Stop Gap WA Stop Gap 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 -(Eaaoeidenq__-__- _ L{ANY AUTO 680-1 D925560-18-42 05/1912018 06Y19/2018 _(_—) s BODILY INJURY Per OWNED SCHEDULED AUTOS ONLY h�--1 gUTOS BODILY INJURY(Pergeodem) S X HIRED NUN6S fl) I PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY ,(Peraccidert) .8 is _X UMBRELLA LIAB OCCUR EACH OCCURRENCE 1,000,000 EXCESSIA RETENTIONS CLAIMS-MADE UP-SF34278A-18-42 05/19/2018 05/14/2019 1,000,000 _.DED AGGREGATE _. !S J _. 51000 5 WORKERS COMPENSATION I PER OTH- ',ANDEMPLOYERS'LIABILITY YIN (_LSTATUTE ER ANY PROPRIETORJPARTNER/EXECUTIVE EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? I J N/A -- - ----- fyes(Mandatory in NH) F-L DISEASE-EA EMPLOYEE S If yes,describe under - ------ --- - DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT 5 B Professional Liab MEP-19711-18 1 05/1912018 05/19/2019 ILimit 1,000,000 B Professional Liab MEP-19711-18 1 05/19/2018 05/19/2019(Aggregate 1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is Additional Insured as respects the General Liability policy per the attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE NOTI City of Kent ACCORDANCE WITH THE POLICY P OTION DATE VISIONSCE WILL BE DELIVERED IN 220 Fourth Avenue S Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard". a) Only with respect to liability for"bodily injury", d) The insurance provided to the additional in- "property damage"or"personal injury";and sured does not apply to "bodily injury" or b) If, and only to the extent that, the injury or "property damage" that occurs, or "personal damage is caused by acts or omissions of injury" arising out of an offense committed, you or your subcontractor in the performance while any separate liability insurance that you of "your work" to which the "written contract have procured for that person or organization requiring insurance" applies. The person or is in effect, regardless of whether the scope organization does not qualify as an additional or limits of insurance in this Coverage Part insured with respect to the independent acts exceed those of that separate liability insur- or omissions of such person or organization. ance or whether that separate liability insur- ance is valid and collectible. 2. The insurance provided to the additional insured by this endorsement is limited as follows: 3. The insurance provided to the additional insured by this endorsement is excess over any valid and a) In the event that the Limits of Insurance of collectible "other insurance", whether primary, this Coverage Part shown in the Declarations excess, contingent or on any other basis, that is exceed the limits of liability required by the available to the additional insured for a loss we "written contract requiring insurance", the in- cover under this endorsement. surance provided to the additional insured 4. As a condition of coverage provided to the shall be limited to the limits of liability re- quired by that "written contract requiring in— surance". This endorsement shall not in- a) The additional insured must give us written crease the limits of insurance described in notice as soon as practicable of an "occur- Section III—Limits Of Insurance. rence" or an offense which may result in a b) The insurance provided to the additional in- claim. To the extent possible, such notice sured does not apply to "bodily injury', "prop- should include: erty damage" or "personal injury" arising out i. How, when and where the "occurrence" of the rendering of, or failure to render, any or offense took place; professional architectural, engineering or sur- ii. The names and addresses of any injured veying services, including: persons and witnesses;and I. The preparing, approving, or failing to ill. The nature and location of any injury or prepare or approve, maps, shop draw- damage arising out of the"occurrence"or ings, opinions, reports, surveys, field or- offense. ders or change orders, or the preparing, approving, or failing to prepare or ap- b) If a claim is made or"suit" is brought against prove,drawings and specifications;and the additional insured, the additional insured ii. Supervisory, inspection, architectural or must: engineering activities. I. Immediately record the specifics of the claim or"suit"and the date received;and CG D2 52 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY H. Notify us as soon as practicable. 5. The following definition is added to SECTION V The additional insured must see to it that we —DEFINITIONS: receive written notice of the claim or"suit" as "Written contract requiring insurance" means soon as practicable. that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or"suit', cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "suit", and curs and the"personal injury" is caused by an otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or "suit" to contract or agreement by you; any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect;and cover under this endorsement. c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 52 08 05 EXHIBIT C City of Kent Business License Exhibit C- 1 City of Kent Business License JAYRAY ADS&PR INC 535N DOCK STREETS SUITE 205 TACOMA,WA 98402 Please tear at perforation ------------------------------------------------ Per RCW 82. 1 sales BUSINESS LICENSE and use tax mustust be be coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 2019 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2161226 CA' fll�' JAYRAY ADS&PR INC MAYOR 535 DOCK STREET SUITE 205 Tax Registration The City of Kent TAC:OMA,WA 98402 Endorsement M2204THAVF.SO KEW.WASHINC;TON 9N032 Request for Mayor's Signature KENT WASHINGTON Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director ---- --- Originator:Tanya KOSen Phone (Originator):5461 Date Sent: Date Required:asap Returned Signed Document to:Tanya KOSen 8 Contract Coversheet Attached JayRay Ads & PR as this Document been Specifically Authorized Vendor Name: Inc.. in the Budget? Yes ❑No Date of Council Approval: NA Account Number: 13001315.64190.1270 Brief Explanation of Document: LTAC Grant Agreement with JayRay Ads & PR, Inc for VisitKent Website and other PR RECEIVED MAR 2 0 2019 KENT LAW p EPT Date Received by City Attorney: Comments: HEGEIVED Date Routed to the Mayor's Office: MAR 2 9 2019 City of Kent Date Routed to the City Clerk: 3(a�( Office of the Mayor Date Returned to Originator: adccW19756_4_18