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HomeMy WebLinkAboutCAG2019-217 - Original - The Medium Creative, LLC - Kent Valley Economic Development Website - 04/19/2019 KENT Records Management Document 'NASH.wG Pw 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: The Medium Creative LLC 2011230 Vendor Number (JDE): Contract Number (City Clerk): C-4&A0/c3 -7 Category: -Contract Agreement Sub-Category (if applicable): None Project Name: Kent Valley Economic Development Website Contract Execution Date: Termination Date: 07/31/2019 y..�q.�5 Contract Manager: Michelle WilmotDepartment: ECD Contract Amount: See comments below Budgeted: ❑✓ Grant? Part of NEW Budget: ❑ Local: ❑ State: ❑ Federal: ❑ 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: 30% of the low end of contract amount (range $30 000 - $40 000) with the balance due upon completion. Contract drafted by T. Kosen. 7 4e�,00�. �KKNT W A S n 1 ry c r o w CONSULTANT SERVICES AGREEMENT between the City of Kent and The Medium Creative, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and the Medium Creative, LLC organized under the laws of the State of Washington, located and doing business at 301 W. North Bend Way, Suite 100B, North Bend, WA 98045 (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: The medium will design and develop the new Kent Valley Economic Development website. Please reference Exhibit A Scope of Work for exact process and details of the work to be performed. Please note that copywriting is not included (Barokas will provide) and any stock image costs are the responsibility of the client. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I and Consultant shall complete the work within 4 months (124 days) of the execution of this contract. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $40,000 for the services described in this Agreement. The Consultant shall invoice the City 30% of the low-end of contract amount (range being $30,000 - $40,000) at start of work (payment due at start of project) and the balance will be due upon completion of the project. 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 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. CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. 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 The Medium Creative, LLC - 2 Kent Valley Economic Development Website harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having 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. The Medium Creative, LLC - 3 Kent Valley Economic Development Website 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. 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. The City of Kent Business License is attached under Exhibit C. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. The Medium Creative, LLC - 4 Kent Valley Economic Development Website IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. j CONSULTANT: CITY OF KENT: k BY: By: (signature) (signature) Print Name: Li5a_Tuininga Print Name:_DAna Raloh Its: , ._ Owner I Its Mavor Date• Date: � (title) h�`� --i -1 � 1"� ( NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Lisa Tuininga I Michelle Wilmot, Economic Development Manager The Medium Creative LLC City of Kent North Bend Way Suite B 220 Fourth Avenue South North Bend, WA Kent, WA 98032 i 425 888 1696 or 425 502 2544 (telephone 253-856-5709 (telephone) APPRO D A FORM: K w partment ATTES . Kent ity Clerk (In this field, you may enter the electronic filepath where the contract has been saved] The Medium Creative, LLC- 5 Kent Valley Economic Development 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: For: Title: Date: EEO Compliance Documents - 1 The Medium Creative, LLC Kent Valley Economic Development 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 The Medium Creative, LLC Kent Valley Economic Development 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 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO Compliance Documents - 3 The Medium Creative, LLC Kent Valley Economic Development Website Exhibit A Scope of Work Exhibit A - 1 The Medium Creative, LLC Kent Valley Economic Development Website THE-MEDIUM.NET 301 W. North Bend Way 425.888.1696 North Bend, WA 98045 IA heIIo<,�the-medium.nc,t THE < E .. ; f4 Contract The Kent Va l l ey Economic Development Website PREPARED FOR: Michelle Wilmot City of Kent DATE: March 7, 2019 4 5.888.1696 heilo@the-medium.net T H,E' IN0171UM,N T Project Summary The Kent Valley has become a major center of commerce and development for the growing Aerospace Industry. With both established and new companies, and a significant number of Space Industry experts in residence, Kent Valley seeks a new Economic Development Website to share the exciting opportuni- ties (employement, real estate, etc.) within the city and neighboring communities. This new site should be visually compelling, easily accessible, and offer a wealth of information for potential companies, investors, and employees. The Medium would like to partner with your city to design and develop this new online business hUb. Read below for phases and costs. As we begin to work on this new website, we will engage in a discovery process so DISCOWEVY PHASE 1: that we enter the design phase with a clear understanding of all front and backend requirements. This phase includes: • Examination and discussion of other relevant Economic Development sites, as well as effective sites outside of your realm. • Discussion of your desired pages, sitemap, and navigation, allowing us to make recommendations for navigation hierarchy and intuitive'usability. • Identification of your content strategy and copy needs, in order to guide information placement on homepage. (Closely based on PR campaign by Barokas) • Exploration of stock imagery as well as your own image library to identify potential design assets. • Discussion of the Business Directory user experience components. With the information gathered, we will create a homepage wireframe for our designers, and a full si'temap draft for your review and feedback. Once we have your approval, we are ready to move into the design phase. PHASE 2: We will begin our design phase by presenting three new design concepts for DESIGN ( the homepage. Each option will include several layout variations and design treatments, as well as exploration of several simple, type-based logo options for the new site, which will be called `Kent Valley.' We may utilize the existing Kent brand colors to ensure consistency across various materials, but our designs will introduce a more modern and exciting aesthetic. After discussion and feedback, we will complete up to three rounds of revisions to finalize the new homepage design and logo treatment. Logo files can be delivered as multiple file formats and dimensions for social media, Public Relations, and internal usage. Once the horepage has been approved; we will continue design for additional page templates. This will likely include several abouUfact pages, the business 425.888.1696 hello the mediurn.r�et THE-MEa1UMAET directory and interactive map, online forms where relevant, resources (PDFs, links), a press/news section, and an events section. (Exact templates needed TBD.) We will then complete revisions (2 rounds) for each page until design approval. WEBSITE After the homepage and inside page templates (approx 10 total designs) are DEVELOPMENT approved, we will begin developing the site on a testing server. This will include responsive HTML/CSS development on the custorn WordPress platform, and inputting or migrating your initial content/images for all pages. We build with scalability in mind, knowing that future updates and add-ons will likely be required and can be easily added when needed. In addition, we will complete debugging/ browser testing during this phase (for desktop, tablet, mobile sizes). We will provide training needed on the WordPress CMS, specifically focused on news and events (those items are likely to change frequently.) The Real Estate Directory (using your subscription GIS Webtech) will be configured for a user experience that feels embedded within the site/brand of The Kent Valley website. Where possible, we will leverage Google Analytics to track clicks to this portion of the new site. The Business Directory will be configured to populate based on an uploaded Excel Spreadsheet (pulled from city business license data.) In some cases additional population within WordPress may be needed to complete the business profile information, photos, or links. If that is the case we will work together on a plan for The Medium to assist with population. (Additional hourly cost may apply.) NOTE: If it appears this portion cannot meet the June launch date we may roll this development into July. Once the beta site has been populated and approved we will launch the site at a mutually agreed date. THE DEVELOPMENT PHASE INCLUDES: • Site development on the WordPress platform with documentation & phone tutorials or in-person meeting as needed • Responsive layouts for optimal viewing on desktop, tablet, or mobile devices • Integration of contact forms, social media, or photo galleries where needed • Fully optimized, cross-browser and OS tested code (W3C ADA compliant) • Search Engine Optimization plugin and initial setup with Barokas specified keywords (page title setup, metatags, etc.) • Hosting at our developer's server, or with a web host of your choice (control panel access and database needed.) • Google analytics installation to track visitor behavior (please note, client responsible for paying any photography or stock image costs. Barokas and client will provide all written copy.) ZA425.888.1696 hello,�the-mediuin.net THE-MEDIUM.NET WEBSITE Once design and development of the site is complete, we will continue to provide ONGOING web support post-launch. Our team members are all local to Washington State SUPPOR-T- and will be available for any support needed for the new Kent Valley website. Includes: • Launching any new designs/templates or updating existing content • Troubleshooting errors • Adding new functionality • Platform plug-in selection/recommendation and implementation support • Quarterly WordPress updates and maintenance (recommended.) Ongoing support is billed at the rate of$.125/hour on your preferred schedule. Estimate for ongoing maintenance: 6-10 hours per quarter($750 - $1250) pTIMATED WEBSITE COMPLETIONDATE: ESTIMATED DESIGN, DISCOVERY, SITEMAP, PM: $13,000 - $16,000 WEBSITE COST CUSTOM WORDPRESS DEVELOPMENT: $10,000 - $12,000 GIS EMBED AND BUSINESS DIRECTORY: $9,000 - $12,000 TOTAL ESTIMATED COST `3�2.000 - $40,0KJU "' 30% DEPOSIT: � ;600 Ptc..4;,�'reC a oiO tF,, np, alto' _olidin'c s. To in 'f rnent the c t/ gin'' u, t1i C' 16,j. , ot'lci cUSto 1i t.t)Yltz" emits and PopulcbO 1 be hIt i%l'loLif i y 3<uh`E'd y EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. 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 $2,000,000 each occurrence, $4,000,000 general aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Exhibit B - 1 The Medium Creative, LLC Kent Valley Economic Development Website E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Exhibit B - 2 The Medium Creative, LLC Kent Valley Economic Development Website CERTIFICATE OF LIABILITY INSURANCE DAT OIYYYY) 03114111412019 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($), 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 Ileu of such endorsements. NTACT Jeff Warren PRODUCER NAME: FAx 425-396-1065 PHONE i 1AIC No): $�tI°fBfTTI Jeff Warren,State Farm Agency . 425-396-1055 PO Box 1902 E-MAIL jeff.warren.mgmsQstatefarrn.com WWI. 8429 Falls Ave SE INSURERS AFFORDING COVERAGE NAIC It Snoqualmie WA 98065 INSURER A: State Farm Fire and Casualty Company 25143 INSURED INSURER B: Use TUlninga INSURER C: The Medium Creative LLC INSURER D: 301 W North Bend Way INSURER E North Bend WA 98045 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. NSR TYPE OF INSURANCE DL SUBR POLICY NUMBER MMIDDIYYYY MM/uDO CY EXP UMIT5 LTR COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE .-... S 1,000,000 R W CLAIMS-MADE ®OCCUR I_PREb11SES(Ea ooatrrence S 300,000 MEO FRCP(Any one person) S 5,000 A —_ Y Y 98-CP-Z042-5 03/28/2019 03/2812020 PERSONAL&ADV I NJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000,000 PRO (� PRODUCTS-COMPlOPAGG S 2,000,000 POLICY JECT LOC_J B-BUSN PROP $ 16,400 OTHER: AUTOMOBILE LIABILITY 1 COMBINED SINGLE LIMIT $ I _accident' ANY AUTO ! BODILY INJURY(Per person; 5 OWNED SCHEDULED BODILY INJURY(Per aocldent) S AUTOS ONLY AUTOS HIRED NON-OWNED ! PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY Per accident $ UMBRELLA UAB H OCCUR EACHOCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS PER _ S WORKERS COMPENSATION STATUTE 1 1 ER" AND EMPLOYERS'LIABILITY Y I N ANY PROPRiET0R1PARTNERlE(ECUTtVF ❑ E.L.EACH ACCIDENT_ S OFFICERIMEMBER EXCLUDFI NIA �(Mandatm In NH) E.L.DISEASE-EA EMPLOYE $ if yyes,describe Under DE CRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Addttlonal Remarks Schedule,may be attached If moos apace Is required) Status:Active Certificate Holder is also Additional Insured. J.Waman 47-2874 RRE47 EaSt Seatbe AFO F483 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELJVERED IN THE CITY OF KENT ACCORDANCE WITH THE POLICY PROVISIONS, 220 4TH AVE S AUTHORIZED REPRESENTATN �r Kent WA 98032 Q 1988-20 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1001486 132844.12 03-18-2016 RM Policy No. F 98 CPZ042 5 AGT: 2874 WARREN, JEFF H Page 1of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CMP-4787 WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: F 98 CPZ042 5 Named Insured: THE MEDIUM CREATIVE LLC 301 W NORTH BEND WAY NORTH BEND WA 98045-8163 Name And Address Of Person Or Organization: THE CITY OF KENT 220 4TH AVE S KENT WA 98032-5838 The following is added to Paragraph 10.b. of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. "Your work" done under contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. CMP-4787 0,Copyright,State Farm Mutual Automobile Insurance Company,2008 1006225 137715.1 11-19-2013 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. EXHIBIT C City of Kent Business License Exhibit C - 1 The Medium Creative, LLC Kent Valley Economic Development Website � ~~~~, ~~ City � ~~~..~ Business License ' THE MEDIUM 301 YVNORTH BEND WAY 8TB 1008 i NORTH BEND,WA98O45 Please tear utJrer/ormtiom ________________________________________________ Request for Mayor's Signature KENT W AS HINGTON Complete this form and route to the Office of the City Attorney (Print on cherry-colored paper) Approved by Director Originator: Rbylln Phone (Originator):5461 Date Sent:4/16/2019 Date Required:4/24/20 19 Returned Signed Document to: MWIImOt ❑Contract Coversheet Attached • NO Has this Document been Specifically Authorized Vendor Name: in Medium Creative LLC in the Budget? Yes ❑No Date of Council Approval: n/a Account Number:13001315.64190.1270 + others TBD Brief Explanation of Document: Contract for professional services - website design of Economic Development business development website. RECEIVED KENT LAW DEPT. Date Received by City Attorney: Comments: RECEIVED Date Routed to the Mayor's Office: APR 19 2019 City of Kent Date Routed to the City Clerk: yL K ( ! Office ot the Mayor Date Returned to Originator: adccW19756_4_18