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HomeMy WebLinkAboutCAG2020-310 - Original - Kent Downtown Partnership - Outdoor Dining Equipment & Supplies - 10/02/2020ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: †Director or Designee † Mayor Date of Council Approval: Budget Account Number: Budget? † Yes † No Grant? † Yes † No Type:Review/Signatures/RoutingDate Received by City Attorney:Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? † Yes † No* *If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? † Yes † No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Rhonda Bylin Economic and Community Development October 1, 2020 October 5, 2020 ✔n/a ✔ V00010.64190.1237 ✔Federal via Washington State Departme Kent Downtown Partnership Contract 34231 Program to Extend Outdoor Dining for DT Restaurants KDP will procure and then loan such equipment as will be needed to extend the outdoor dining season into the fall and winter, so that downtown area restaurants can stay open and safely serve customers. 155,000 to be used to purchase supplies, and 20,000 for KPD to administer the program 175,000 Other Upon execution ✔ ✔ 10/1/2020 Adam approved for signature GRANT AGREEMENT - 1 GRANT AGREEMENT between the City of Kent and Kent Downtown Partnership THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Downtown (d/b/a Kent Downtown Partnership), a 501(c)(3) nonprofit organized under the laws of the State of Washington, located and doing business at 202 W Gowe St, Suite A, Kent, WA 98032 (hereinafter the "Grantee"). I. DESCRIPTION OF WORK. In accordance with the terms of this Agreement and the Scope of Work set forth in Exhibit A, Grantee will use grant funding to purchase or lease outdoor equipment to facilitate the expansion of outdoor dining and retailing for the benefit of downtown Kent businesses that are suffering from the immediate economic impacts of COVID- 19, including, but not limited to, forced closures or reductions of indoor capacities (“Equipment Program”). Grantee will perform the services required of this Agreement in accordance with the terms of this Agreement and federal or state statutes, and all federal, state, and local rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. II. APPLICATION OF ADDITIONAL CONTRACT PROVISIONS.In addition to this Agreement and the Scope of Work, Grantee shall assist the City in complying with terms of its agreement with the Washington State Department of Commerce regarding dispersal of grants from the Local Government Coronavirus Relief Fund, which is incorporated in full by this reference. Grantee shall also comply with the terms and conditions of any state or federal funding that wholly or partially funds the work of the Grantee. III. APPROVAL REQUIRED.This Agreement may be subject to the prior written approval of the Washington Department of Commerce unless the Washington Department of Commerce determines, in writing, that such approval is not required or waives such approval. IV. 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. Grantee shall make all equipment purchases or execute all equipment leases by November 30, 2020. V. GRANT FUNDS AND METHOD OF PAYMENT. A. Compensation. The City shall pay Grantee a total amount of $20,000 in compensation for providing program administration services as described Section I (“Service Fee”). The Service Fee is the maximum amount to be paid under this Agreement as compensation 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 City shall disburse the Service Fee to Contractor promptly following the Effective Date. B. The City shall make available to Grantee a maximum amount of $155,000 of CARES Act grant funds to be used for the Equipment Program (“Grant Funds”) promptly following the Effective Date. The maximum amount of Grant Funds provided under this Agreement shall not be exceeded without GRANT AGREEMENT - 2 the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. VI. DEBARMENT. A. Grantee certifies by signing this Agreement that to the best of its knowledge and belief that it: 1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2) Has not within a three-year period preceding this Contract, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; 3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of federal Executive Order 12549; and 4) Has not within a three-year period preceding the signing of this Contract had one or more public transactions (federal, state, or local) terminated for cause of default. B. Where the Grantee is unable to certify to any of the statements in this Contract, the Grantee shall attach an explanation to this Contract. C. The Grantee agrees by signing this Contract that it shall not knowingly enter into any transaction with a person or entity debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Washington Department of Commerce. D. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. See the Washington Department of Commerce for assistance in obtaining a copy of these regulations. VII. MAINTENANCE OF RECORDS. A. The Grantee shall retain for a period of six (6) years from the termination of this Agreement unless required otherwise by law: 1) All financial, statistical, participant, and other records (including medical and treatment records) and supporting documentation; 2) All records for nonexpendable personal property; 3) All records to document performance of all acts required by law, regulation, or this Agreement; 4) All records to demonstrate accounting procedures and practices that GRANT AGREEMENT - 3 sufficiently and properly document the Grantee’s invoices to the City under this Agreement; and 5) All records sufficient to substantiate the Grantee’s statement of its organization’s structure, tax status, capabilities, and performance. B. If any litigation or audit is initiated, or if a claim is instituted involving this Agreement, the Grantee shall retain all related records until the litigation, audit, or claim has been finally resolved. VIII. FISCAL ACCOUNTABILITY STANDARDS. During the Agreement performance period, the Grantee agrees to maintain financial systems which will assure the following for this Agreement: A. Accurate, current, and complete disclosure of all direct and indirect costs; B. Records that identify all sources and application of funds; C. Control and accountability for all funds, property, and other assets; D. Procedures that ensure comparison of actual costs with approved budgets; E. Procedures to assure timely disbursement of funds received by the Grantee from the City; F. Procedures to assure all costs are allowable, reasonable, and are properly allocated to each funding source; G. Source documentation that supports all accounting records; and H. Procedures for timely and appropriate resolution of audit findings and recommendations. All fiscal books, records, documents, reports, and other data relating to this Agreement shall be maintained and reported in a manner consistent with BARS. The Grantee agrees that any City, state, federal, or other funding agency; any local, state, or federal regulatory body; and the Office of State Auditor shall have full access to and right to examine any fiscal books, records, documents, and other materials relevant to this Agreement at all reasonable times. IX. 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 Grantee 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 Grantee maintains and pays for its own place of business from which Grantee’s services under this Agreement will be performed. C. The Grantee has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Grantee’s services, or the Grantee is engaged in an GRANT AGREEMENT - 4 independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Grantee 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 Grantee has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Grantee’s business, and, if applicable, has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Grantee maintains a set of books dedicated to the expenses and earnings of its business. X. TERMINATION. A. Suspension or Termination for Lack of Funding: 1) The City may suspend or terminate this Agreement, in whole or in part, upon five (5) business days’ written notice in the event expected or actual funding from a state, federal, or other source is withdrawn, reduced, or limited in any way prior to Agreement expiration. The suspension or termination shall be effective on the date specified in the written notice. 2) In the event of suspension under this clause, the City shall provide the Grantee written notice stating when services may be resumed. The City shall be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of suspension and after the date that services may be resumed. 3) In the event of termination under this clause, the City shall be liable only for payment in accordance with the terms of the Contract for services rendered prior to the effective date of termination. The City may pay an amount mutually agreed by the parties for partially completed work and services. B. Suspension or Termination for Lack of Performance: 1) In the event the City determines the Grantee has failed to comply with the terms or conditions of this Agreement in a timely manner, or has otherwise breached any provision or condition of this Agreement, the City has the right to suspend or terminate this Agreement immediately upon issuance of written notice. 2) The City may suspend all or any part of this Agreement, and withhold further payments or prohibit the Grantee from incurring additional obligations thereunder, during investigation of suspected noncompliance. The City may also take these actions pending corrective action by the Grantee or pending a decision by the City to terminate the Agreement. 3) The rights and remedies of the City provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. GRANT AGREEMENT - 5 C. Suspension or Termination for Fraud, Abuse, Violation of Law: 1) The City reserves the right to suspend or terminate all or part of this Agreement, to withhold further payments, or to prohibit the Grantee from incurring additional obligations of funds, if the City has reason to believe that fraud, abuse, or violation of law has occurred on the part of the Grantee in the performance of this Agreement or any other contract. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Grantee, its sub-grantees, or any person acting on behalf of the Grantee or sub-grantee 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. Grantee shall execute the 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, attached hereto and incorporated by this reference. XII. INDEMNIFICATION. Grantee 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 Grantee's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Grantee'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 Grantee and the City, its officers, officials, employees, agents and volunteers, the Grantee's duty to defend, indemnify, and hold the City harmless, and Grantee’s liability accruing from that obligation shall be only to the extent of the Grantee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE GRANTEE'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 Grantee 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 Grantee’s part, then Grantee 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 Grantee’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. LIMITATION OF LIABILITY.The Department of Commerce and the State of Washington are not liable for claims or damages arising from a Grantee’s performance pursuant to this contract. GRANT AGREEMENT - 6 XIV. INSURANCE.The Grantee 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. XV. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Grantee for the purpose of completion of the work under this Agreement. XVI. PUBLIC RECORDS. The Grantee 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 Grantee 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. Grantee agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. XVII. CITY'S RIGHT OF INSPECTION. Even though Grantee is an independent Grantee 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. XVIII. WORK PERFORMED AT GRANTEE'S RISK. Grantee shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and sub-grantees in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Grantee's own risk, and Grantee 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. XIX. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Grantees and Grantees to use recycled and recyclable products whenever practicable. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under GRANT AGREEMENT - 7 this Agreement or the terms of the Indemnification section 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 on the date served or 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 Grantee. 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 Grantee agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Grantee's performance of this Agreement, and its business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. J. City Business License Required. Prior to commencing the tasks described in Section I, Grantee 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. 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. 10/02/2020 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 Grantees, sub -grantees 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 Grantee, sub -grantee 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 Grantee, sub -grantee 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 Grantee will provide a written statement to all new employees and sub -grantees indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime Grantee, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of ther Pr ime lbe signed by me, e Grantee complied with requirements the quirements as se forth above Prime Grantee, that By signing below, I agree to fulfill the five requirements referenced above. By: For Title: � Date: / 0-1 :ZZZ0 EEO COMPLIANCE DOCUMENTS - 1 EEO COMPLIANCE DOCUMENTS - 2 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, Contractors 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, Contractor 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, Contractors, 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 - 3 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: _________________________________________ EXHIBIT A SCOPE OF WORK/SPECIFIC REQUIREMENTS Given the extraordinary impacts of COVID-19 on the restaurant and retail sectors, the City would like to support the efforts of Kent Downtown Partnership (KDP) to facilitate the general expansion of outdoor dining and retailing areas, which have become vital to business operations as a result of the COVID-19 pandemic and related health and safety restrictions on dining and retail services. 1. Scope of Work: The Kent Downtown Partnership will accomplish the following: x KDP will use Grant Funds provided by the City of Kent to administer and manage a program of loaning outdoor equipment such as, but not limited to, tents, tables, chairs, umbrellas, and protection from rain or other elements, to support restaurants and merchants in their downtown business service area. The program will endeavor to aid businesses in conducting business and serving customers outdoors as much as possible, to keep people healthy and safe from Covid-19. This program of equipment provision will allow businesses to continue operating and keep patrons and staff safe pursuant to current King County and State of Washington requirements for retail and dining services. x KDP will make private arrangements of its own design with Kent area businesses to procure and provide equipment, and will endeavor to equitably distribute such equipment for use at the sole service of downtown businesses. KDP will ensure that all arrangements for procuring equipment and the use of such equipment is compliant with the terms of this Agreement and all guidance issued by the Washington State Department of Commerce regarding coronavirus relief funds. All purchases or leases of equipment will be executed before November 30, 2020. x Upon the City’s request, KDP shall provide periodic program updates to the City’s Economic Development Division, which will serve as the point of contact with KDP. x KDP shall maintain records for all purchases and uses of equipment, and shall provide the City with invoices of all purchases or leases of equipment promptly following such purchase or lease. KDP shall maintain an accurate inventory of such equipment. These records shall be retained for a period of six years following the contract term. EXHIBIT BINSURANCE REQUIREMENTS FOR GRANT AGREEMENT Insurance The Grantee 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 Grantee, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Grantee 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 Grantee’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. B. Minimum Amounts of Insurance Grantee 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. C. 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 Grantee’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 Grantee’s insurance and shall not contribute with it. 2. The Grantee’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. 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 Grantee 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 Grantee’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 Grantee 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 Grantee before commencement of the work. F. Subcontractors Grantee 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 Grantee.