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HomeMy WebLinkAboutCAG2021-269 - Original - National Development Council - Business Support Services for Microenterprise - 06/04/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: 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* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) 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 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 200821 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached CAG2021-26 KENT 5':­.n6i CONSULTANT SERVICES AGREEMENT between the City of Kent and National Development Council (NDC) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and National Development Council ("NDC"), a non-profit corporation organized under the laws of the State of New York located and doing business at 1111 Superior Avenue East Cleveland, OH 44114 (212) 682-1106 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. The Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Small business resources landscape analysis and summary, in the form of a directory of local resources in Spanish and English; and technical assistance as described in the detailed scope incorporated into this agreement and attached as Exhibit A. The 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. The Consultant shall complete the work described in Section I by September 30t", 2021. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty -Eight Thousand Dollars ($38,000), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the period this Agreement is in effect. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. C. Card Payment Program. The Consultant may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Consultant. If the Consultant voluntarily participates in this Program, the Consultant will be solely responsible CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. TV. 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 the 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 the 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 the 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 the Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. FORCE MA.7EURE. Neither party shall be liable to the other for breach due to delay or Failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event. CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Consultant to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Consultant. VII. 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. The 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. VIII. INDEMNIFICATION. The 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 the Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and the 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 the 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 the 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 National Development Council is not a Registered Municipal Advisory as defined in Dodd -Frank and the Exchange Act and therefore cannot provide advice to municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities., including structure, timing, terms or other similar matters concerning such financial products or issues. The provisions of this section shall survive the expiration or termination of this Agreement. IX. 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. CONSULTANT SERVICES AGREEMENT - (Over $20,000) X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under this Agreement. XI. 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. The 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 the Consultant for this project by anyone other than the Consultant on any other project shall be without liability or legal exposure to the Consultant. XII. CITY'S RIGHT OF INSPECTION. Even though the 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. XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the 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 VIII 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. CONSULTANT SERVICES AGREEMENT - 4 (Over $20, 000) 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 the 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. Com}liance 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 the 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. 11 11 11 11 11 11 II II 11 11 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. CONSULTANT SERVICES AGREEMENT - 5 (over $20,000) 06/04/2021 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 sjgning below, I agree to fuT Ltie-gip requirements referenced above. For: Title: ' n ( o Date: EEO COMPLIANCE DOCUMENTS - I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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 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 Kent. {date}, between the firm I represent and the City of 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 - Exhibit A Scope of Work Small Business Support Services Landscape NDC will perform a landscape analysis of small business support services in Kent/South King County. This will include: • Identification of existing service providers in Kent and organizations in South King County that serve Kent businesses. This will come from online searches, interviews with City economic development staff, and service providers. We expect to identify 20+ organizations. • Online research to identify contact information and program offerings for each service provider. • Phone calls with a selection of service providers to confirm research. • Develop materials outlined below. NDC will provide draft deliverables to City of Kent staff for review before final versions are submitted. Deliverables include: 1-2 page document that provides a high-level overview of key support services that can be provided to business owners for quick reference. Document will be provided in English and Spanish. Summary of each small business service provider to assist community -based organizations, municipal staff, and other support providers to make better referrals. The guide will include detail such as: o Services provided o Method to access services (physical location, website, application, etc.) o Languagesspoken o Other pertinent information As much as possible, NDC will use visuals and simplified, jargon -free language in the guide to facilitate translation into multiple languages. • 2-3 page final report that summarizes the business support services available and identifies gaps and opportunities for strategic investment in business support services. Technical Assistance NDC and sub -contractors will provide direct technical assistance to a selection of 3-5 businesses with potential commercial affordability projects. We expect this TA to be provided to all businesses with projects that are interested. However, if interest is higher than expected, NDC will provide existing prioritization criteria used for the Commercial Affordability Pilot to City staff. City of Kent staff are responsible for selecting businesses to receive technical assistance. • NDC will be available to provide high-level technical support to 4-5 businesses identified by City staff in the area of access to capital and financing strategies, such as analyzing debt capacity, identifying capital resources, etc. Third -party technical support for project planning and construction management will be provided for a subset of selected businesses pursuing commercial affordability projects. We anticipate to serve about 2-3 businesses with in-depth technical support, however, this number can increase if more high-level support is the identified need. This assistance can be further broken down into: o Strategic Advisement (high-level) (2-5 hours) ■ Discussion of business and development strategy, including goals, opportunities, challenges, and risks o Process Advisement (high-level) (5-10 hours) ■ Outline of the Development Process to establish: • What: Steps/Actions; scoping the brick and mortar project. • Who: Roles & Responsibilities between client and on -call assistance o Owner's Rep/Advocacy/Project Management Support (2-5 hours/week as needed for duration of the project) ■ Oversight/Monitoring of Process & Establish Expectations on behalf of owner to Keep all parties within Scope/Budget/Schedule ■ Can include the following throughout the process: • Coordination with consultants • Review completion of work to monitor disbursement of funds • Design Review • FF&E Review • Signage Review o Additional Support Services can also include: (10-20 hours per task) ■ Operational & Design Programming — Identifying/Establishing Project Goals ■ Feasibility Studies/Test Fits • Preliminary Interior Layouts (Front-of-House/Back-of-House) ■ Signage Design Budget The total budget will be $38,000. This includes the following estimated breakdown: Item Budgeted Amount (Votes Small business resources $19,000 landscape analysis and summary Exhibit A NDC Scope of Work pg• 2 Project technical assistance $19,000 NDC will sub -contract with a third -party technical expert to provide project planning and construction management services. 10% of the TA budget will cover NDC management of third party contractor. Total $38,000 Exhibit A NDC Scope of Work pg. 3 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. A. 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. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 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. 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 Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage 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. AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MMI"21YYY) 5/7/20 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CDNTACT NAME: _ Joy Lewis Arthur J. Gallagher Risk Management Services, Inc. PHONE ------ - - FAX P.O. Box 367 Nn • 206-566-7340 IAIC, No); Bellevue WA 98009-0367 ADDRESS: Joy_Lewis@aig.eom INSURED National Development Council One Battery Park Plaza, Suite 710 24 Whitehall Street New York NY 10004 INSURER A: Federal Insurance Company Y. _ 20281 INSURER B : Chubb Indemnity Insurance Company 12777 INSURER C : INSURER D : COVERAGES CERTIFICATE NUMBER: 117R179819 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 ADOLSUBFTYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDYIYYYY MMIDDPOLICT EXP LTR YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 35336064 5/112021 5/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR $ 1,000,000 DAMAGE TO RATED---J PREMISES Ea occurrence MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO JECT LOC PRODUCTS - COMPIOP AGG 2,000,000 _$ $ 11 OTHER: A AUTOMOBILE LIABILITY 73512244 5/1/2021 5/1/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY {Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY I AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LJAB X OCCUR 79B9$760 5/1/2021 511 /2022 EACH OCCURRENCE $ 10,000,00D AGGREGATE $ 10,000.000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $ _ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNEFiIEXEGUTIVE Y� OFFICERIMEMBEREXCLUDED? (Mandatory in NH) NIA 71656165 5l112021 5/112022 X PER OLTH- STATUTE ER C.L. EAGFi ACCIUtNT ' "' "" '� E.L. DISEASE - EA EMPLOYEE $1,400,D00 $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional RemarRs Schedule, may be attached If more space is required) The City of Kent is an Additional Insured as required by written contract. r1C0TICU'ATr L C%l nCo rAWI1*C1 I ATIAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 2200 Fourth Avenue Kent WA 98032-5895 AUTHORIZED REPRESENTATIVE Co3 19UU-ZUI5 ACORD GURPURATION. All rights reserves. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD C H U B B" Liability Insurance Endorsement Policy Period MAY 1, 2021 To May 1, 2022 Effective Date MAY 1, 2021 Policy Number 35336064 Insured NATIONAL COUNCIL FUR COMir UNrry DEVELOPMENT INC, DUA NATIONAL, Name of Company 1 FDERAL INSURANCE COMPANY Dare Issued APRIL 15 , 2 019 f:}�.o?::�`.-L'?�mttr.Jvf:4Fi'?�i:?:;'.`:•:S:Z,.4�{:rk��0%R�'-::�'�YR�:l`k-:'tx��S?�.�F47fi::Y:2:::;fw�kiY:3!Yfi:F'� 'Lr,�:,>,':r&{fie^i:?f>�F�:s}:o,�'ti'?�fiY:�}::�f:'.�3k�R-53:Y:??�5.�'iSvFi1;:n'�:,�Yc-`,0d�kt'rb'RSfiar E•a..�::va1:nY.t�i:'ris�iSv'X'v'io-xs3YR�5f:&f•$-x';S%F.'s#.+adt:'t3Yx This Fndorsement applies to the following forms: GENERAL LIABILITY ',Y.^?:'•s ti.k ,:rLLh .YP;. .rf N}'�4f{^:'v .� ��'�ir i.%):%ix'i�.�iiii:�jf.:i5-'iv';N$:::g:%1:%t�;:Y'RS,4,:S:3:T.Y,`.}Sf:i9.`,�^:b.::'......�iF:i':����r�i'ism✓h�{:.ti::ytiv....-.,c.-�,+xt�itnw:.'f.<X::.`,'.:+•i1: fdiv:.fis;..:.<;:r'S>.,.-..... ��;,,..�...'X...:a.A?k::dfiY.�.k...... f..f,.,a.�:.:.�.n,Y.,� . a . .,,• "„ ' Under Who Is An Insured, the bellowing provision is added. Who Is An Insured Additional Insured - Perwns or organizations shown in the Schedule are insureds-, but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: + it• and then only to the extent the person of organization is described in the Schedule-. to the extent such contract or agreement requires the person or organization to be afforded status as an insiered, • for activities that did not occur, in whole or in part, before the execution of the contract or agreerment;and • with respect to dannaget, loss, ct►st or expense for injury or dstrraage to which this insuran" applies. No person or organization is an insured under this pruvisiotr • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). + with respect to any assumption of liability (of another person or organization) by thern in a untract or ttrrecrrtent. This limitation dues not apply to the liability for danx ges, loss, cost or expense for injury or daintage, to which dais insurance :applies, that the person or organization wotild have in the absence of such contract or agreement. E!.S::a:�: �:-v:F•i:n:{�:-*.'{... : ;i � �t: �N� a:' � ' ...':A`:zt^4;f.� }:t:':.,.v . �,...' f Z};.t;•.., 3... ,.: �: r. r..•rskY:Gf4�f:�-ra;*;:4u. :..o.:�.?:e.`.'ds.'R'S•,:<; •, ',��• "sy.;:gft•..4.,aYr::.. ::.•x•::;:�:;os �._;.+y ::,<: ...�x:x:,.:.;,, �.,..,.,._ ..• Liability Insurance Additional Insured - Scheduled Person Or organization continued Form 80-02.2367 (Rev. 5.07) Eridorsernent Page f CHUBBf Liability Endorsement (continued) Under Conditions, the following pravis on is added to the condition titicd Other Insurance. Conditions Other Insurance - If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this puticy. there in suctr case Insurance - Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. ??4k�f?f:`%i?S:tii£:k�f�;{`i:?:fgr�vR'f:�\'f.'¢�::w":�F,"'�:;".bnf#:�rA'd:'�:::'L;sir.",��:;�k':rh3::�'i�:?M:��c?:t�R �+"uksiR'3#•3;r:2?":i��ik'v'�Sk�;":nxk:;i:%»vR:".:G"o.k�^itS:ty`?:u;:2i5iR-'46:?:<y:it:lei:�:;Yn:?C£i�:?G'r.-k;2SvS.:<a:Jt'�k�A�''r50';iYMP.Y:k Schedule PERSONS OR ORGANIZATIONS MAT YOU ARE OBLIGATED, PURSUANT TO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR OKANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFTORDED BY THIS POLICY; MIT THEY ARE INSUREDS ONLY IF AND'rO THE MINIMtTM EXTENT THATSUCH CONTRACTOR AGREEMENT REQUIRES THE, PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURL'D. IIOWLVI~R, NO PERSON OR ORGANIZATION 1S AN INSURED UNDER THIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY O'1' ER PROVISION OF THE WHO IS AN INsuRL'D SFC rtON OF THIS POIJC.Y (REGARDLESS Ol, ANY LIMITATION APPLICABLE THERETO). All other terms and conditions remain unchanged. Authorized Representative Q,�V2 ea Liability insurance Additional insured - Scheduled Person Or Organization i4st page Form 80.02-2367 (Rev. 5-07) Endorsement page 2