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CAG2022-475 - Original - New Connections of South King County - Family Peace Initiative Workshops - 12/21/2022
Ap p r o v a l Originator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Date Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor 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. 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. 20200218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A KateLynn Jennings for Lori Guilfoyle Parks, Recreation & Community Services 12/19/2022 soonest possible please 4 N/A 10006360.64150.4635 4 4 N/A Contract 67492 Original $13,500 12/19/2022 Other 4/30/2023 4 4 4 MH CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) CONSULTANT SERVICES AGREEMENT between the City of Kent and New Connections of South King County THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and New Connections of South King County organized under the laws of the State of Washington, located and doing business at 422 West Titus, Kent, WA, 98032 (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: Implement the Family Peace Initiative curriculm that includes providing 5 workshops to youth in Kent. 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 April 30, 2023. III.COMPENSATION. A.The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirteen Thousand Five Hundred dollars, 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 authori zation of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B.The Consultant shall submit Monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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 - 2 ($20,000 or Less) for any fees imposed by financial institutions or credit card companies. The Consultant shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which 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 re cords 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 MAJEURE. 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 A greement, 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 pe rsonal 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 d elayed 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 caus ing 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 - 3 ($20,000 or Less) 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 contemplate d 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 o f 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 Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. 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 refus al on the Consultant’s part. 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 am ounts described in Exhibit B attached and incorporated by this reference. 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 bel ong to and CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) 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 detail s 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 part ies 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 s hall 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, unles s 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 thi s 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 the Consultant. CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to 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. 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 CONSULTANT SERVICES AGREEMENT - 6 ($20,000 or Less) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: Print Name: Its: DATE: CITY OF KENT: By: Print Name: Julie Parascondola, CPRE Its: Director, Parks, Recreation & Community Services DATE: NOTICES TO BE SENT TO: CONSULTANT: David Lujano 422 West Titus Kent, WA`98032 (253) 856-9200 (telephone) N/A (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Lori Guilfoyle City of Kent 220 Fourth Avenue South Kent, WA 98032 (253)856-5061 (telephone) (253)856-6070 (facsimile) ATTEST: Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] Julie Parascondola (Dec 21, 2022 14:51 PST) 12//21/22 michael Cravens (Dec 21, 2022 22:25 PST) michael Cravens Michael Cravens Board President 12/21/22 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and Regulations”. The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 2 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter “Contractor”) will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington’s Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor’s contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 3 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); x. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 4 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 8. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract’s performance. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ michael Cravens (Dec 21, 2022 22:25 PST) michael Cravens New Connections of South King County President December 21st 2022 EEO COMPLIANCE DOCUMENTS - 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City’s Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City’s Title VI coordinator, and perform 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. Exhibit A Scope and Schedule of Work 2022-2023 Consultant Services Agreement Agency: New Connections of South King County Program: Family Peace Initiative Contact: Name: David Lujano Email: david@newconnectionsskc.org Program Description: Implement the Family Peace Initiative curriculum for youth in Kent Pursuant to Section I. of the Consultant Services Agreement (CSA) executed on December 19, 2022, Consultant shall provide the approximate number of City of Kent clients with the following services by April 30, 2023: Unduplicated Kent Residents, Service Unit Descriptions and Deliverables Units for Kent Residents Contracted to Serve Unduplicated Kent Clients Contracted to Serve Service Unit 1: Training/Workshops/Classes Description: 5 workshops implementing the Family Peace Initiative Curriculum 8 youth/young adults individuals 5 Contract Administration - The Consultant shall notify the City, in writing, within ten (10) days of any changes in agency leadership or program personnel. - All records related to the CSA must be retained for six (6) years plus the current year. Reporting Requirements and Timeline All data and required forms shall be submitted electronically on a form provided by Human Services. Service Unit Report - Data from this form will be used to track progress toward meeting the goals stipulated in the Scope of Work. It shall be submitted monthly, no later than the 15th of the month, along with the Reimbursement Request. Funds Awarded: $13,500 Reimbursement Request - The form will be filled out electronically and serve as the invoicing mechanism for payment to your agency/program. It shall be submitted monthly, no later than the 15th of the month unless otherwise specified. Report Due Date Service Unit Report and Reimbursement Request 15th day following each month Final Reimbursement Request May 15, 2023 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. 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. 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) 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. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY $ $ P.O. Box 473 Guide Insurance Services, Inc. Cert ID 12102 220 4th Ave S Western National Assurance Com 24465 10/31/2022 422 West Titus 02/25/2022 02/25/2023CPP128196700 A D & O kristeno@guideinsuranceservices.com 02/25/2022 02/25/2023 Y CPP128196700 A A A X X X Kristen Oudman Lynden WA 98264 Kent WA 98032 Kent WA 98032 (360) 354-2200 (253) 232-8096 (360) 933-4145 X X X X X 100,000 1,000,000 1,000,000 1,000,000 1,000,000 5,000 1,000,000 EPLI 02/25/2022 02/25/2023CPP128196700 100,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 City of Kent Certificate holder is named as additional insured per attached form CGMU1078 12 20 New Connections of South King County Directors and Officers Per Claim 02/25/202302/25/2022CPP128196700 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG MU 1078 12 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured – Broad Form Vendors Included Additional Insured – Lessor Of Leased Equipment Included Additional Insured – Managers Or Lessors Of Premises Included Additional Insured – State Or Political Subdivisions – Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) – General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability – Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability – Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included CG MU 1078 12 20 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG MU 1078 12 20 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I.Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for “bodily injury” or “property damage” liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II.Damage To Premises Rented To You Under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to “Property Damage” to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1.The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2.$300,000 Under Section III – LIMITS OF INSURANCE, paragraph 6. does not apply. III.Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A & B, are revised as fol- lows: 1.In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2.In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV.Medical And Dental Payments Under SECTION I – COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1.The Medical Payments Limit is changed to the greater of: a.$10,000; or b.The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2.The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V.Broad Form Property Damage Under SECTION I – COVERAGE A, Exclusion 2.j. is amended as follows: 1.Paragraph (3) does not apply. 2.Paragraphs (4) and (6) do not apply to customer’s property at your described premises. We do not cover any property: 1.Subject to motor vehicle registration; or 2.While being used to perform construction operations. Our limit for any one “occurrence” under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 12 20 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI.Occupational License Review Expense The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the “insured” for reasonable and necessary covered expenses, as listed below, incurred and paid by the “insured” as a direct result of a “occupational license review”, conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the “coverage territory”. a.Covered Expenses include: (1)Fees and expenses of any licensed independent investigative services or legal counsel, hired by the “insured” for the purpose of assisting or representing the “insured” at the “occupa- tional license review”; and (2)Costs of travel, accommodations, and meals incurred by the “insured” in order to appear be- fore the governmental bureau, board, commission or department. b.Exclusions This coverage will not pay for: (1)Hearing fees; or (2)Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the “occupational license review”; or (3)Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the “insured”, any director or officer of the “insured”, or agents thereof, whether acting alone or in collusion with others; or (4)Lost salary or wages claimed by or for any “insured” while preparing for or attending the “occupational license review”. 2.For the purposes of the coverage provided by this provision, SECTION III – LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a.The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of “insureds” reviewed or subject to the “occupational license review”. b.The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c.In the event that the “occupational license review” continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d.In no event will any expense claimed for an “occupational license review” be recoverable as ex- pense for another “occupational license review”. e.The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3.For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: a.In the event of a “occupational license review” during the policy period, the “insured” will: (1)Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the “occupational license review”; (2)Provide us with the official report of the “occupational license review”; and (3)Provide us with documentation, including receipts, for expenses claimed under this cover- age. b.The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 12 20 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4.For the purposes of the coverage provided by this provision, the following are added under SEC- TION V – DEFINITIONS: a.“Insured” as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. “Insured” does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. “Insured” only includes natural persons. b.“Occupational license review” means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the “insured’s” occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the “insured’s” occupational license or involving disciplinary action against the “insured”, in- cluding proceedings to impose a forfeiture or penalty; but “occupational license review” does not include a proceeding concerning any criminal or civil charge brought against the “insured”. VII.Abduction The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or “Guardian(s)” as a direct result of an “abduction” occurring during the policy period and in the “coverage Territory”, provided that such “abduction” is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a.Up to fourteen (14) days after the recovery of the “Covered Individual(s)”; or b.Discovery of the death of the “Covered Individual(s)”; or c.Twelve (12) months after the date of the “abduction”. Covered Expenses include the following incurred expenses: a.Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b.Reward to an “Informant” for information leading to the recovery of the “Covered Individual(s)” and the arrest and conviction of the party(ies) responsible for the “abduction”; and c.Fees and expenses of independent forensic analysts engaged by the insured or “Guardian(s)” with prior authorization from us; and d.Fees and expenses of public relations consultants to assist in the location of the “Covered Indi- vidual(s)”; and e.Publicity costs incurred solely and directly to assist in the resolution of an “abduction”; and f.Costs of travel and accommodations incurred by the insured or “Guardian(s) while attempting to resolve an “abduction”; and g.Rest and rehabilitation expenses including travel, lodging and meals of the “Covered Individual(s)” and “Guardian(s)” incurred by the “Guardian(s)” and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h.Lost salary of “Guardian(s)”, which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the “Guardian(s)” would normally have earned; and i.Fees for psychological or psychiatric counseling for the benefit of “Guardian(s)”, or siblings of the “Covered Individual(s)” beginning on the date of recovery of the “Covered Individual(s)”, until the earliest of the following: (1)Up to three (3) months after the recovery or discovery of the death of the “Covered Individ- ual(s)”; or (2)Twelve (12) months after the date of the “abduction”; and CG MU 1078 12 20 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j.Fees for psychological or psychiatric counseling for the benefit of “Covered Individual(s)” begin- ning on the date of recovery of the “Covered Individual(s)” and continuing up to twelve (12) months thereafter; and k.Medical services and hospitalization costs incurred for the “Covered Individual(s)” as a result of the “abduction” beginning on the date of recovery of the “Covered Individual(s)” and continuing up to twelve (12) months thereafter; and l.Funeral and burial expenses of “Covered Individual(s)” resulting from an “abduction”. 2.Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a.The fraudulent, dishonest, or criminal acts of any “Insured”, any director or officer of the “In- sured”, parents or “Guardian(s)” or agents thereof, whether acting alone or in collusion with others; or b.Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hear- ings or lawsuits arising out of the “abduction”; or c.Payment of any “ransom” or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III – LIMITS OF IN- SURANCE is amended as follows: 1.The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bring “suits”. 2.The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act er- ror or event or a series of related acts, errors or events shall be treated as arising out of one “ab- duction”. However we will not pay for any loss resulting from an “abduction” which is part of a ser- ies of related acts that began prior to the effective date of this insurance. 3.In no event will any expense claimed, incurred or paid under one “abduction” be recoverable under another “abduction”. 4.The “abduction” limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5.We will not pay for loss in any one “abduction” until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 1.In the event of an “abduction” during the Policy Period, the “Insured” will make every reasonable effort to: (a)Determine that the “abduction” has actually occurred prior to incurring costs; and (b)Give immediate oral and written notice to us with periodic and timely updates concurrent with activ- ity occurring during the incident; and (c)Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2.Confidentiality The “Insured” will use all reasonable efforts not to disclose the existence of this Endorsement. 3.Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 12 20 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4.Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5.Due Diligence You and every insured or “guardian” must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V – DEFINITIONS: 1.“Abduction” means the wrongful and illegal seizure of a “Covered Individual(s)”, by someone oth- er than a “Guardian(s)” or an agent thereof, from the “premises” of the insured or on any other premises while such “Covered Individual(s)” are under the control of the insured occurring during the policy period. “Abduction” as used in this endorsement does not include the actions of any of- ficial acting within their lawful authority. 2.“Covered Individual(s)” means individual(s) under the care, custody and control of the insured. 3.“Informant” means any person, other than a “Covered Individual”, providing information not other- wise obtainable solely in return for a reward offered by the insured. 4.“Guardian(s)” means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a “Covered Individual(s)” regardless of who has legal custody. 5.“Premises” means any place the insured conducts business. 6.“Ransom” means a consideration paid or demanded for the release of a “Covered Individual(s)” from captivity. VIII.Property Damage Liability – Elevators And Sidetrack Agreements The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2.Exclusion k. does not apply to: a.The use of elevators; or b.Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV – COMMERCIAL GENER- AL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX.Designated Location(s)-General Aggregate Limit The following is added under SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single designated “loca- tion” shown in the Declarations: a.A separate Designated Location General Aggregate Limit applies to each designated “location”, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b.The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of “bodily injury” or property dam- age” included in the “products-completed operations hazard”, and for medical expenses under COVERAGE C regardless of the number of: (1)Insureds; (2)Claims made or “suits” brought; or (3)Persons or organizations making claims or bringing “suits”. CG MU 1078 12 20 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c.Any payments made under COVERAGE A, for damages or under COVERAGE C for medical ex- penses shall reduce the Designated Location General Aggregate Limit for that designated “loca- tion”. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other des- ignated “location” also shown in the Declarations. d.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Ag- gregate Limit. 2.For all sums which the insured becomes legally obligated to pay as damages caused by “occur- rences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which cannot be attributed only to operations at a single designated “lo- cation” shown in the Declarations: a.Any payments made under COVERAGE A for damages or under COVERAGE C for medical ex- penses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b.Such payments shall not reduce any Designated Location Aggregate Limit. 3.When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “prod- ucts-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4.The following is added under SECTION V – DEFINITIONS “Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5.The provisions of LIMITS OF INSURANCE (SECTION III) not otherwise modified by this coverage shall continue to apply as stipulated. X.Property Damage Liability – Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section I): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the “property damage” occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III – LIMITS OF INSURANCE, the maximum limit in any one oc- currence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to you, and SECTION IV – COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 4. Other Insurance is changed accordingly. XI.Additional Insureds By Written Contract A.SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person or organization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1.Currently in effect or becoming effective during the term of this policy; and 2.Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”. B.The insurance provided to the additional insured applies as follows: 1.That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a)Premises you own, rent, lease, or occupy or (b)Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2.The limits of insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations of this policy whichever is less. These limits of insur- ance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 12 20 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C.With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1.If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to “bodily injury”, “property damage”, “personal and advertising injury” arising out of the render- ing of or the failure to render any professional services by or for you, including: (a)The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b)Supervisory, inspection, architectural or engineering activities. 2.The insurance afforded the additional insured does not apply to: (a)“Bodily injury” or “property damage” occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontrac- tor engaged in performing operations for a principal as part of the same project. XII.Additional Insured – State or Political Subdivisions – Permits The following is added to SECTION II – WHO IS AN INSURED: 1.Any state or political subdivision which has issued a permit to you, subject to the following provi- sions: a.This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authoriza- tion. b.This insurance does not apply to: (1)“Bodily injury”, “property damage”, “personal and advertising injury” arising out of opera- tions performed for the federal government, state or municipality; or (2)“Bodily injury’ or “property damage” included within the “products-completed operations hazard”. XIII.Additional Insured – Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1.Any manager or lessor of premises shown in the Declarations is also an insured, but only with re- spect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1.This insurance does not apply to: a.Any "occurrence" which takes place after you cease to be a tenant in that premises. b.Structural alterations, new construction or demolition operations performed by or on behalf of any manager or lessor of premises shown in the Declarations. XIV.Additional Insured – Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1.The person(s) or organization(s) who leases equipment to you for use in your business is also an insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equip- ment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. CG MU 1078 12 20 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XV.Additional Insured – Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1.Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to “bodily injury” or “property damage” arising out of “your products” which are distrib- uted or sold in the regular course of a vendor’s business, subject to the following additional exclu- sions: a.The insurance afforded the vendor does not apply to: (1)“Bodily injury” or “property damage” for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2)Any express warranty unauthorized by you; (3)Any physical or chemical change in the product made intentionally by the vendor; (4)Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original container; (5)Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; (6)Demonstration, installation, servicing or repair operations, except such operations per- formed at the vendor’s premises in connection with the sale of the product. (7)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8)“Bodily injury” or “property damage” arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a)The exceptions contained in Sub-Paragraphs (4) or (6); or (b)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b.This insurance does not apply to any insured person or organization, from whom you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. c.This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d.This provision does not apply if “bodily injury” or “property damage” included within the “products-complete hazards” is excluded either by the provisions of the Coverage Part or by endorsement. XVI.Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these “employees” or “volunteer workers” are insureds for “bodily injury” or “per- sonal and advertising injury”: (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-“employee” while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of the co-“employee” or “volunteer worker” as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d)Arising out of his or her providing or failing to provide professional health care services. CG MU 1078 12 20 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for “bodily injury” or “personal and advertising injury” to any co-“employee” or other ”volunteer worker” arising out of and in the course of the co-“employee’s” or “volunteer worker’s” employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-“employee” or other “volunteer worker”, is brought against you or a co-“employee” or a “volunteer worker”, we will reimburse the reasonable costs that you incur in providing a defense to the co-“employee” or “volunteer worker” against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII.Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an “occurrence” or offense applies only when the “occurrence” or offense is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.A member, if you are a joint venture; 4.An “Executive Officer” or insurance manager, if you are a corporation; or 5.A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or “suit” will not be considered breached unless the breach occurs after such claim or “suit” is known to: 1.You, if you are an individual; 2.A partner, if you are a partnership; 3.A member, if you are a joint venture; 4.An “Executive Officer” or insurance manager, if you are a corporation; or 5.A member, if you are a limited liability company. If you report an accident to your Workers’ Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has de- veloped into a liability claim. XVIII.Unintentional Failure To Disclose Hazards Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1.The statements in the Declarations are accurate and complete; 2.Those statements are based upon representations you made to us; and 3.We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. CG MU 1078 12 20 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX.Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and include in the “products – completed operations hazard” when you have waived such right of recovery under a written contract with that person or organiza- tion. Such written contract must be: 1.Currently in effect or becoming effective during the term of this policy; and 2.Executed prior to the “bodily injury”, “property damage”, “personal and advertising injury”; or 3.Executed after “bodily injury”, “property damage”, “personal and advertising injury” if: a.The terms and conditions of the written contract or written agreement had been agreed upon prior to the “bodily injury”, “property damage”, “personal and advertising injury”; and b.The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon pri- or to the “bodily injury”, “property damage”, “personal and advertising injury”. XX.Insured Contract SECTION V – DEFINITIONS, “Insured Contract” paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”. XXI.Mobile Equipment The following is added under SECTION V – DEFINITIONS, 12. “Mobile Equipment”: Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. Signature: Email: Signature: Email: Signature: Email: Merina Hanson (Dec 20, 2022 15:43 PST) mhanson@kentwa.gov rlashley@kentwa.gov Melissa McCormick (Dec 23, 2022 07:06 PST) Melissa McCormick cityclerk@kentwa.gov New Connections of SKC-Family Peace Initiative Final Audit Report 2022-12-23 Created:2022-12-20 By:KateLynn Jennings (kjennings@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAA-bxeBL92e5BxaJPwYDP1JfsnhXIUkYBy "New Connections of SKC-Family Peace Initiative" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2022-12-20 - 11:40:36 PM GMT- IP address: 146.129.252.126 Document emailed to mhanson@kentwa.gov for signature 2022-12-20 - 11:41:56 PM GMT Email viewed by mhanson@kentwa.gov 2022-12-20 - 11:42:44 PM GMT- IP address: 174.204.73.45 Signer mhanson@kentwa.gov entered name at signing as Merina Hanson 2022-12-20 - 11:43:28 PM GMT- IP address: 174.204.73.45 Document e-signed by Merina Hanson (mhanson@kentwa.gov) Signature Date: 2022-12-20 - 11:43:30 PM GMT - Time Source: server- IP address: 174.204.73.45 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-12-20 - 11:43:31 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-12-21 - 10:30:39 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-12-21 - 10:34:28 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Julie Parascondola (jparascondola@kentwa.gov) for signature 2022-12-21 - 10:34:30 PM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2022-12-21 - 10:51:20 PM GMT- IP address: 73.169.162.121 Document e-signed by Julie Parascondola (jparascondola@kentwa.gov) Signature Date: 2022-12-21 - 10:51:50 PM GMT - Time Source: server- IP address: 73.169.162.121 Document emailed to michael Cravens (computer_prog@icloud.com) for signature 2022-12-21 - 10:51:52 PM GMT Email viewed by michael Cravens (computer_prog@icloud.com) 2022-12-22 - 6:12:55 AM GMT- IP address: 18.116.24.205 Document e-signed by michael Cravens (computer_prog@icloud.com) Signature Date: 2022-12-22 - 6:25:07 AM GMT - Time Source: server- IP address: 3.145.213.112 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-12-22 - 6:25:09 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-12-22 - 9:07:10 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-12-22 - 9:07:17 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to cityclerk@kentwa.gov for signature 2022-12-22 - 9:07:19 PM GMT Email viewed by cityclerk@kentwa.gov 2022-12-23 - 3:03:32 PM GMT- IP address: 146.129.252.126 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2022-12-23 - 3:06:54 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-12-23 - 3:06:56 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-12-23 - 3:06:56 PM GMT