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HomeMy WebLinkAboutCAG2019-353 - Original - Lucia Neare - Inclusive Art Plan Development - 07/01/2019 Agreement Routing Form KENT For Approvals,Signatures and Records Management WASHIN GTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: R. Billerbeck Department: Parks El Date Sent. 6/13/2019 Date Required. iAuthorized ❑ Director or Designee Date of 4/2/2019 o. to Sign: Council aa Mayor Approval. Budget 19026223.64190.4310 Grant? Yes Fv� No Account Number. Type: N/A Vendor Neare, Lucia Category. Contract Name: c Vendor Sub-Category o Number. EProject Development of Inclusive Art Plan L Name: c Project *0 Details: e E Agreement $60,000.00 Basis for m Amount: Selection of Contractor. Q Start Date: 7/1/2019 Termination Date: 7/31/2020 Notice required prior to Yes No Contract Number: OW-�1U 101 35� disclosure? Date Received by City Attorney: Comments: c 5c-c 0 _KAAJk- N d i 3 40 t0 Date Routed to the Mayor's Office: VI 2 Date Routed to the City Clerk's Office: d Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KE NT REQUEST FOR MAYOR'S SIGNATURE _ Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) �/� Approved by Direct Originator: Ronda Billerbeck Phone (Originator): x5055 Date Sent: Date Required: Return Signed D cu ent to: Ronda Billerbeck Contract Termination Date: 7/31/2020 VENDOR NAME: Date Finance Notified: Lucia Neare (Only required on contracts 'e3 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: 4/2/19 Date Risk Manager Notified: 5 22 19 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: 19026223.64190.4310 Authorized in the Budget? • YES NO Brief Explanation of Document: Contract between artist/consultant Lucia Neare who will work with the Kent Arts Commission to involve the Kent Downtown Partnership in other community stakeholders in the development of an inclusive art plan for downtown Kent. (We are receiving a $15,000 grant from 4Culture to offset the total $60,000 project budget. All Contracts Must Be Routed Through The Law Dep (Thi a to be completed by the Law Department) Received: Approval of Law Dept.: II Law Dept. Comments: W t Date Forwarded to Mayor: Shaded s T Be Completed By Administration Staff Received: RECEIVED Recommendations and Comments: Disposition: z/// 9 City of Kent 7/6- �n 6 �ffice of the Mayor Date Returned: P.\Crvil1 orms\ ocument rocessing\ equest for Mayor's Signature.d— G�C�W 19 -- 3�3 • KEN W45-1I 1.TO PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Lucia Neare THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Lucia Neare, located and doing business at 733 16th Avenue, Seattle, WA 98122; (206) 719-2268 (hereinafter the "Artist"). I. DESCRIPTION OF WORK. Artist shall perform the following services for the City in accordance with the following described plans and/or specifications: Develop an integrated arts and culture plan for downtown Kent, in accordance with the Scope of Work, attached and incorporated as Exhibit A. Artist further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices 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, Artist shall complete the work described in Section I by July 31, 2020. III. COMPENSATION. The maximum amount to be paid under this Agreement for the work described in Section I above is $60,000 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. Payments to Artist for the work contracted for in this Agreement shall be made as follows: CONTRACT EXECUTION/MOBILIZATION • Upon complete execution of the contract, the Artist may submit an invoice in the amount of$15,000. PHASE 1: Observing, meeting, listening, activating • At August 2019 check-point, upon progress on Phase 1 tasks, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$15,000. • Upon completion of Phase 1 (Tasks 1 and 2), and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$15,000. PHASE 2: Gathering/visioning, activating • At January 2020 check-point, upon progress on Phase 2 tasks, and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$5,000. ARTIST SERVICES AGREEMENT - I (Over$10,000) • Upon completion of Phase 2 (Tasks 1 and 2), and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$5,000. PHASE 3: Synthesizing • Upon completion of Phase 3 and production by Artist of the noted deliverables, the Artist may submit an invoice in the amount of$5,000. The Artist shall submit payment invoices to the City for work performed in accordance with the above payment schedule, which shall fully compensate Artist for all work described in this Agreement. The City shall provide payment within thirty (30) days of its receipt of a proper invoice from Artist. If the City objects to all or any portion of an invoice, it shall notify the Artist 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 and that the Artist 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. 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 Artist's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Artist's records or data is not related to this project, it shall be without liability or legal exposure to the Artist. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Artist, its subcontractors, or any person acting on behalf of the Artist 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. Artist 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. Artist 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 Artist's negligent 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 Artist'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 Artist and the City, its officers, officials, employees, agents and volunteers, the Artist's liability hereunder shall be only to the extent of the Artist's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARTIST'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS ARTIST SERVICES AGREEMENT-2 (Over$10,000) INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Artist 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 Artist 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, though the Artist will retain a license to use the documents. Any physical objects, including props, set pieces, costumes, or characters used or created by Artist in carrying out the work under this Agreement will be owned and belong to the Artist, though the artist will credit the City of Kent as the commissioning agency for any future use of those physical objects that were created or acquired through this Agreement. The Artist grants to the City and its assigns an irrevocable license to reproduce any work developed or created under this Agreement for the purposes of promotion, publicity, education, or exhibition. . The Artist grants to the City and its assigns an irrevocable license to reproduce the work performed under this agreement in any manner whatsoever for the purposes of promotion, publicity, education, or exhibition by the City. The City agrees to grant the Artist an opportunity to pre-approve the City's use or publication of any photographs or video of the Artist's work, which approval the Artist agrees it will not unreasonably withhold. All records submitted by the City to the Artist will be safeguarded by the Artist. Artist 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 Artist agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. Artist 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 Artist for this project by anyone other than Artist on any other project shall be without liability or legal exposure to Artist. XI. CITY'S RIGHT OF INSPECTION. Even though Artist 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 ARTIST'S RISK. Artist 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 Artist's own risk, and Artist 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. ARTIST SERVICES AGREEMENT-3 (Over$10,000) 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, 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. i 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 I shall be binding unless in writing and signed by a duly authorized representative of the City and Artist. G. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, 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. ARTIST SERVICES AGREEMENT-4 (Over$10,000) H. Compliance with Laws. The Artist agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Artist's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. _.. -- ....... ARTIST: CITY OF KENT: By. (signature) (signs re) Print Name: �..J C,�o.� G - �"` Print Name: Dana Ralph Its Rix Its Mayor (Title) / (Title) DATE: DATE: t _ NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ARTIST: CITY OF KENT: Lucia Neare Ronda Billerbeck, Cultural Programs Manager 733 16th Avenue City of Kent Parks, Recreation and Seattle, WA 98122 Community Services Department 220 Fourth Avenue South (206) 719-2268 (telephone) Kent, WA 98032 lucianearengmail.com (253) 856-5055 (telephone) (253) 856-6050 (facsimile) rbillerbeckra)kentwa.,gov ARTIST SERVICES AGREEMENT-5 (Over$10,000) EXHIBIT A SCOPE OF WORK Lucia Neare Kent Downtown Art Plan/Activation Background Cultural Programs Manager (Ronda Billerbeck) and Artist (Lucia Neare), or their designees, agree the downtown art plan should focus on the creation of a vibrant city center that embraces the creative and cultural priorities of Kent residents. The artist will work with key project partners (Kent Arts Commission and Kent Downtown Partnership), engage in planning practices to ensure all voices are welcome in the process, and employ tools of community engagement, community building, and place-making. CONTRACT EXECUTION/MOBILIZATION Deliverables: Fully executed contract. PHASE 1 —OBSERVING, MEETING, LISTENING,ACTIVATING Task 1: Observing,meeting, listening a) Participate in cultural diversity training b) Consult with sociologists specializing in local refugee and immigrant populations c) Identify and meet with stakeholders d) Identify and build relationships with potential cultural "ambassadors" e) Identify existing cultural assets f) Engage in on-going conversations with Mayor, city leaders, and Arts Commissioners g) Identify barriers to cultural participation, as well as challenges and opportunities in the built environment, in current cultural programming, and overall civic identity. Task 2: Activating a) Engage the community in playful pop-up projects to imagine Kent's possible creative futures. (These will be small, low-risk projects that can happen quickly, without the need for long-term planning processes.) Timeline: June—October 2019 (with August 2019 check-point) Deliverables: -Written report on progress and activities (August and October) I -Updated schedule (August and October) -Minimum of one activation project* (By the end of October) *(Minimum of one project/installation, implemented in minimum of three locations/settings spread across Phase 1 and Phase 2) i I I i ARTIST SERVICES AGREEMENT-6 (Over$10,000) PHASE 2—GATHERING/VISIONING, ACTIVATING Task 1 Gathering, visioning a) Implement visioning sessions, on-going interviews, surveys, meetings, and public forums b) Deepen stakeholder relationships c) Form a coalition to imagine an Art and Culture Plan Task 2: Activating a) Engage the community in playful pop-up projects to imagine Kent's possible creative futures. (These will be small, low-risk projects that can happen quickly, without the need for long-term planning processes.) Timeline: November 2019—March 2020 (with January check-point) Deliverables: -Written report on progress and activities (January and March) -Updated schedule (January and March) -Minimum of one activation project* (By the end of March) *(Minimum of one project/installation, implemented in minimum of three locations/settings spread across Phase 1 and Phase 2) PHASE 3 —SYNTHESIZING Task 1: Develop Art Plan a) Stakeholder coalition synthesizes findings b) Develop and edit a living plan to revitalize Kent's downtown with arts and culture Timeline: April—July 2020 Deliverables: -Complete Downtown Art and Culture Plan ARTIST SERVICES AGREEMENT-7 (Over$10,000) EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor,their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than$2,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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. EEO COMPLIANCE DOCUMENTS- I EXHIBIT B (Continued) 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 contractor 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 Contractor'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. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. i i EEO COMPLIANCE DOCUMENTS-2 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, consultant, 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, consultant, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined, 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. 1 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 >a Vl Q___ , 20h ct- By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 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-4 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 -A;;c paw hereby 0. acknowledge+ and declare that the before-mentioned was the prime contractor for the Agreement known as \ A that was entered into on th date , between the 4�;re�"rand 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. 4�-- Dated this G day of , 20". By: For: C Title: Date: i EEO COMPLIANCE DOCUMENTS-5 i i ACO OR ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 endorsements. PRODUCER CONTACT DML Insurance Services PHONE 206 838 FAX 4005 20th Ave W Ste 132 (A/c,-No, • ( ) 9077 (206)838-9076 E-MAIL Seattle WA 98199- INSURER S AFFORDING COVERAGE NAIC M _----- INSURERA:ACE Property&Casualty Ins Co 20699C INSURED INSURER B: Lucia Neare's Theatrical Wonders INSURERC: 733 16th Ave INSURER D: Seattle WA 98122- 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP ILTR iNgn P LICY NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY X SERWAD94350724 08/03/2018 08/03/2019 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED $ 1,000,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY❑jRa LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER $ A AUTOMOBILE LIABILITY X SERWAD94350724 8/03/2018 8/03/2019 COMBINEDSINGLELIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accideco UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ A WORKERS COMPENSATION SERWAD94350724 08/03/2018 8/03/2019 PER ETH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED' NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under - E RIPTI N F PE T N bel w E.L.DISEASE-POLICY LIMIT 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Below certificate holder are an additional insured with respect to work being performed by the named insured. CERTIFICATE HOLDER CANCELLATION AI 008057 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S Kent WA 98032- AUTHORIZED REPRESENTATIVE ;. I'll ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 3. With our consent, you may continue this policy b. After a loss to your Covered Property only in force by paying a continuation premium for if, at time of loss. that party is one of the each successive one-year period. The following: premium must be (1) Someone insured by this insurance: a. Paid to us prior to the anniversary date; and (2) A business firm: b. Determined in accordance with Paragraph 2. above. (a) Owned or controlled by you; or Our forms then in effect will apply. If you do not (b) That owns or controls you; or pay the continuation premium, this policy will (3) Your tenant. expire on the first anniversary date that we You may also accept the usual bills of lading or have not received the premium. shipping receipts limiting the liability of carriers. 4. Undeclared exposures or change in your This will not restrict your insurance. business operation, acquisition or use of 2. Applicable to Businessowners Liabili locations may occur during the policy period tY Coverage: that are not shown in the Declarations. If so, we may require an additional premium. That If the insured has rights to recover all or part of premium will be determined in accordance with any payment we have made under this policy. our rates and rules then in effect. those rights are transferred to us. The insured J. Premium Audit must do nothing after loss to impair them. At our request, the insured will bring "suit" or 1. This policy is subject to audit if a premium transfer those rights to us and help us enforce designated as an advance premium is shown them. This condition does not apply to Medical in the Declarations. We will compute the final Expenses Coverage. premium due when we determine your actual exposures. L. Transfer Of Your Rights And Duties Under This Policy 2. Premium shown in this policy as advance Your rights and duties under this policy may not be premium is a deposit premium only. At the close of each audit period, we will compute the transferred without our written consent except in earned premium for that period and send the case of death of an individual Named Insured. notice to the first Named Insured. The due date If you die, your rights and duties will be transferred for audit premiums is the date shown as the to your legal representative but only while acting due date on the bill. If the sum of the advance within the scope of duties as your legal and audit premiums paid for the policy period is representative. Until your legal representative is greater than the earned premium, we will appointed, anyone having proper temporary return the excess to the first Named Insured. custody of your property will have your rights and 3. The first Named Insured must keep records of duties but only with respect to that property. the information we need for premium computation and send us copies at such times as we may request. K. Transfer Of Rights Of Recovery Against Others To Us 1. Applicable to Businessowners Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property. i SP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 53 of 53 � ' I I (10) "Waste"means any waste material: 2. Each of the following is also an insured: (a) Containing "by-product material" a. Your "volunteer workers" only while other than the tailings or wastes performing duties related to the conduct of produced by the extraction or your business, or your "employees", other concentration of uranium or thorium than either your "executive officers" (if you from any ore processed primarily for are an organization other than a its "source material"content, and partnership, joint venture or limited liability (b) Resulting from the operation by any company) or your managers (if you are a person or organization of any limited liability company), but only for acts "nuclear facility" included under within the scope of their employment by you Paragraphs (a) and (b) of the or while performing duties related to the definition of"nuclear facility". conduct of your business. However, none of C. Who Is An Insured these "employees" or "volunteer workers" 1. If you are designated in the Declarations as: are insureds for: (1) "Bodily injury" or "personal and a. An individual, you and your spouse are advertising injury": insureds, but only with respect to the conduct of a business of which you are the (a) To you, to your partners or members sole owner. (if you are a partnership or joint venture), to your members (if you are b. A partnership or joint venture, you are an a limited liability company), or to a insured. Your members, your partners and co-"employee" while in the course of their spouses are also insureds, but only his or her employment or performing with respect to the conduct of your duties related to the conduct of your business. business, or to your other "volunteer c. A limited liability company, you are an workers" while performing duties insured. Your members are also insureds. related to the conduct of your but only with respect to the conduct of your business; business. Your managers are insureds, but (b) To the spouse, child, parent, brother only with respect to their duties as your or sister of that co-"employee" as a managers. consequence of Paragraph (a) d. An organization other than a partnership, above; joint venture or limited liability company, (c) For which there is any obligation to you are an insured. Your "executive share damages with or repay officers" and directors are insureds, but only someone else who must pay with respect to their duties as your officers damages because of the injury or directors. Your stockholders are also described in Paragraph (a)or(b); or insureds, but only with respect to their liability as stockholders. (d) Arising out of his or her providing or failing to provide professional health e. A trust, you are an insured. Your trustees care services. are also insureds, but only with respect to their duties as trustees. (2) "Property damage"to property: (a) Owned, occupied or used by; BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 45 of 53 (b) Rented to, in the care, custody or 3. The most we will pay under Business Liability control of, or over which physical Coverage for damages because of "property control is being exercised for any damage" to a premises while rented to you or purpose by; in the case of fire while rented to you or you, any of your"employees", "volunteer temporarily occupied by you with permission of workers", any partner or member (if you the owner is the applicable Damage To are a partnership or joint venture), or Premises Rented To You limit shown for that any member (if you are a limited liability premises in the Declarations. For a premises company). temporarily occupied by you, the applicable b. Any person (other than your "employee" or limit will be the highest Damage To Premises "volunteer worker"), or any organization Rented To You limit shown in the Declarations. while acting as your real estate manager. 4. Aggregate Limits c. Any person or organization having proper The most we will pay for: temporary custody of your property if you a. All "bodily injury" and "property damage" die, but only: that is included in the "products-completed (1) With respect to liability arising out of the operations hazard" is twice the Liability and maintenance or use of that property; Medical Expenses limit. and b. All: (2) Until your legal representative has been (1) "Bodily injury" and "property damage" appointed. except damages because of "bodily d. Your legal representative if you die, but only injury" or "property damage" included in with respect to duties as such. That the "products-completed operations representative will have all your rights and hazard' duties under this policy. (2) Plus medical expenses; No person or organization is an insured with (3) Plus all "personal and advertising injury" respect to the conduct of any current or past caused by offenses committed,- partnership, joint venture or limited liability company that is not shown as a Named Insured in is twice the Liability and Medical Expenses the Declarations. limit. D. Liability And Medical Expenses Limits Of Subject to Paragraph a. or b. above, whichever Insurance applies, the Damage To Premises Rented To 1. The Limits of Insurance of Section II — Liability You limit is the most we will pay for damages tY because of "property damage" to any one shown in the Declarations and the rules below premises, while rented to you, or in the case of fix the most we will pay regardless of the fire, while rented to you number of: occupied by you with permissionoof the owner. ly a. Insureds; The Limits of Insurance of Section 11 — Liability b. Claims made or"suits"brought; or apply separately to each consecutive annual c. Persons or organizations making claims or period and to any remaining period of less than bringing"suits". 12 months, starting with the beginning of the policy period shown in the Declarations, unless 2. The most we will pay for the sum of all the policy period is extended after issuance for damages because of all: an additional period of less than 12 months. In a. "Bodily injury", "property damage" and that case, the additional period will be deemed medical expenses arising out of any one part of the last preceding period for purposes "occurrence"; and of determining the Limits of Insurance. b. "Personal and advertising injury" sustained E. Liability And Medical Expenses General by any one person or organization; Conditions is the Liability and Medical Expenses limit 1. Bankruptcy shown in the Declarations. But the most we will Bankruptcy or insolvency of the insured or of pay for all medical expenses because of the insured's estate will not relieve us of our "bodily injury" sustained by any one person is obligations under this policy. the Medical Expenses limit shown in the Declarations. Page 46 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 t