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HomeMy WebLinkAboutCAG2023-275 - Original - King County Dept of Natural Resources - Hazardous Waste Management Program (HWMP) - 01/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Tony Donati Public Works Date Sent: Date Required: c 04/24/2023 4/28/2023 QAuthorized to Sign: Date of Council Approval: Q �✓ Mayor or Designee n/a Budget Account Numbe Grant? Yes[Z] NOF—] 47005245.64110.7930 Budget?�✓ Yes Elio Type: Local Vendor Name: Category: King County: Department of Natural Resources and Parks,Water and Land Resources Division. Contract Vendor Number: Sub-Category: Original Seattle-King County Department of Natural Resources and Parks,Water and Land Resources Division-Hazardous Waste Project Name: Management Program(HWMP)Grant. Project Details: The King County Hazardous Waste Management Program(HWMP)grant is used to fund six special recycling Ip collection and mini recycling events for residents for the collection of hard-to-recycle and moderate risk waste 114- materials, including CFC appliances, batteries,and propane tanks. C 10The grant also pays for postage costs associated with the distribution of recycle event flyers to residents and 40 staff time to attend hazardous waste committee meetings. C _ � Agreement Amount: $92 022 Basis for Selection of Contractor: GJ *Memo to Mayor must be attached Start Date: J� afluary 1 , 2 Termination Date: March 31, 2025 a Local Business? Yes PINO*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2023-275 Comments: 5/1/23 - returned to originator to additional signature. Please return a copy of Ithe fully executed agreement to the City Clerk's Office. thanks! M.M. CI .� a+ c a cc Date Received:City Attorney: 4/24/23 Date Routed:Mayor's Office 4/26/23 livy Clerk's Office 5/1/23 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 400m** Hazardous Waste Management Program GRANT AGREEMENT GOVERNMENTS WORKING TOGETHER FOR A HEALTHIER AND CLEANER KING COUNTY This Agreement is between King County and the Recipient identified below. The County department overseeing the work to be performed in this Agreement is the Department of Natural Resources and Parks (DNRP), Water and Land Resources Division (WLRD). RECIPIENT NAME City of Kent RECIPIENT ADDRESS 220 4th Avenue S. Kent, WA 98032 RECIPIENT CONTACT & EMAIL ADDRESS Tony Donati tdonati kentwa.gov PROJECT TITLE Local Hazardous Waste Management Program Grant Funds for 2023 and 2024 AGREEMENT START DATE AGREEMENT END DATE AGREEMENT MAXIMUM AMOUNT January 1, 2023 March 31, 2025 $92,022 EXHIBITS. The following Exhibits are attached and are in into this Agreement by reference: Exhibit A— Scope of Work Exhibit B — Budget Exhibit C — Invoice Template Exhibit D — Certificate/Evidence of Insurance DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 AGREEMENT FOR AWARD OF LOCAL HAZARDOUS WASTE MANAGEMENT GRANT FUNDS FOR 2023 and 2024 Between KING COUNTY and the CITY OF KENT This Agreement for Award of Local Hazardous Waste Management Grant Funds "Agreement"is made by and between King County, a charter county and political subdivision of the State of Washington, acting through its Department of Natural Resources, Water and Land Resources Division and the City of Kent, a municipal corporation of the State of Washington, hereinafter referred to as the "County" and the "City"respectively. The County and City may be referred to individually as a"Party" and collectively as the "Parties." 1. RECITALS 1.1 The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997, 2010, and 2021, was adopted by the participating agencies (the King County Solid Waste Division, the Seattle Public Utilities, the King County Water and Land Resources Division, and Public Health—Seattle and King County) and the cities located in King County. The Washington State Department of Ecology in accordance with RCW 70A.300.350 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). 1.2 The Plan authorizes Local Hazardous Waste Management Funds to be provided to partner cities located in King County to help fund those cities' activities associated with hazardous waste collection and/or educational outreach and educational services. 1.3 King County has received a proposed scope of work and budget from the City and has determined that the scope of work and budget, attached hereto and incorporated herein as Exhibit A ("Scope of Work") and Exhibit B ("Budget"),respectively, are consistent with the Plan's and Program's policies, goals, and objectives. 1.4 King County and the City desire to enter into this Agreement for the purpose of establishing the terms and conditions under which King County will provide an award of Local Hazardous Waste Management Funds to the City. NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the Parties hereby agree to the terms and conditions as follows: 2. AWARD OF GRANT; CONDITIONS OF GRANT 2.1 The Recitals are an integral part of this Agreement and are incorporated herein by this reference. 1 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 2.2 King County agrees to grant the City an award of Local Hazardous Waste Management Funds not to exceed$92,022 (the "Award") on a reimbursement basis as described in Section 2.5. The Award shall be used by the City solely for the performance of the activities described in this Agreement. 2.3 The City shall use the grant of Local Hazardous Waste Management Funds to provide hazardous waste collection and/or education services or programs as described in Exhibit A. The total amount of funds available from this grant in 2023 and 2024 shall not exceed$92,022. 2.4 This Agreement provides for distribution of 2023 and 2024 grant funds to the City. Reimbursement for activities carried out and expenses incurred by the City may predate the execution date of this Agreement provided that(a)the activities have been identified by the City as being within the Scope of Work and have been approved by King County as being within such Scope of Work; (b)the expenses are incurred in carrying out the Scope of Work and are authorized by the Award; and (c) such activities and expenses otherwise comply with all other terms of this Agreement. Reimbursements shall be paid to the City only after this Agreement has been fully executed. 2.5. During this two-year grant program, the City will submit a minimum of two (2),but no more than eight(8),progress reports, which include the City's reimbursement requests, to the County in a form determined by the County. Reports must be signed by a City official. These reports shall include all of the following: a. A description of each activity accomplished pertaining to the scope of work. b. Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statement should include vendor names, a description of services provided, date paid, and a check or warrant number. c. Reimbursement requests with an Invoice Form and an Invoice Detail Form, which is attached hereto as Exhibit C and incorporated herein by reference,unless the City has a spreadsheet similar to the Invoice Detail Form already in use, in which case the City may use that spreadsheet instead of the Invoice Detail Form. The City will submit the form or similar spreadsheet and submit backup documentation for grant expenses. d. If the City receives funding from sources other than the Local Hazardous Waste Management Program for any of the activities set forth in Exhibit A, then the City's reimbursement request shall acknowledge these other sources and the reimbursement request to the County shall include only a pro-rata share of the expenses. 2.5.1 If the City chooses to submit up to the maximum of eight (8)progress reports and requests for reimbursement during the two-year grant program, the reports shall be due to the County on the last day of the month following the end of each quarter(April 30, July 31, October 31, January 31), except for the final progress report and request for reimbursement, which shall be due by February 29, 2024, and February 28, 2025. 2.5.2 Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the December 14, 2023, 2 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 and December 12, 2024, an estimate or final invoice for activities completed in that calendar year for which the City has not yet submitted a reimbursement request. 2.5.3 If the City accepts funding through this grant program for the provision of hazardous waste collection or education programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 2.5.4 Within forty-five (45) days of receiving a request for reimbursement from the City, the Program's contract administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The contract administrator will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibits A and B unless the scope has been amended according to Section 5 of this Agreement. The contract administrator retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and/or budget attached as Exhibits A and B. 2.6 The City shall be responsible for following all applicable federal, state, and local laws, ordinances, rules, and regulations in the performance of the Scope of Work described herein. The City warrants and represents that its procedures are consistent with federal, state, and local laws relating to public contract and bidding procedures. The County neither incurs nor assumes any responsibility for the City's bid, award, or contracting process. 2.7 The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 2.8 The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. 2.8.1 These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 2.8.2 The City shall maintain a record of the use of any equipment that costs more than$1,000 and is purchased with grant funds from King County for a total period of three (3)years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2025. 3 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 2.9 The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. Where feasible, the City will use the Program's logo. The intent of this provision is to further strengthen this regional partnership in the public's mind. 2.9.1 The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 2.9.2 The Program agrees to credit the City on all printed materials provided by the City to the Program, which the Program duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the Program will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or"text provided courtesy of the City of Kent." 2.9.3 The Program retains the right to share the written material(s)produced by the City, which have been funded through this grant, with other King County cities for them to duplicate and distribute. In so doing, the Program will encourage other cities to credit the City on any pieces that were produced by the City. 2.10 The City designates Tony Donati, Conservation Coordinator; 220 4th Avenue S., Kent, WA 98032; 253-856-5589; tdonati@kentwa.gov, or designee, as the administrator of this Agreement for the City. 2.11 Questions or concerns regarding any issue associated with this agreement that cannot be handled by the Program's Contract Administrator should be referred to the Local Hazardous Waste Management Program Director for resolution. 3. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2023, or the date of execution of the Agreement by both the County and the City and shall terminate on March 31, 2025. The City shall not incur any new charges after December 31, 2024. However, if execution by either Parry does not occur until after January 1, 2023, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2023, and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 2.5 of the Agreement. 4. TERMINATION 4.1 King County may terminate this Agreement in whole or in part, for convenience, without cause prior to the termination date specified in Section 3, upon thirty (30) days advance written notice. 4.2 King County may also terminate this Agreement, in whole or in part, for lack of appropriation, upon thirty(30) days prior written notice to the City. In accordance with King County Code 4A.100.070, if King County terminates this Agreement for non-appropriation, then King County's costs associated 4 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 with such termination, if any, shall not exceed the appropriation for the biennium in which termination occurs. 4.3 This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section 3,upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to nonperformance, misuse of funds, and/or failure to provide grant related reports/invoices/statements as specified in Section 2.5. 4.4 If the Agreement is terminated as provided in this section: (a)the County will be responsible to reimburse the City only for allowable expenses, in accordance with the terms of this Agreement for expenses incurred prior to the effective date of termination; and(b) the City shall be released from any obligation to provide further services pursuant to this Agreement. 4.5 Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other Party. 5. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted Hazardous Waste Management Plan. Amendments will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. Funds may be moved between tasks in the scope of work, attached as Exhibit A, upon written notification by the City to King County and written approval by the County. 6. HOLD HARMLESS AND INDEMNIFICATION 6.1 The City agrees to indemnify, defend, and hold harmless King County, and its elected or appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs, expenses (including reasonable attorney's fees),penalties, settlements and damages of whatsoever kind or nature arising out of, in connection with, or incident to any acts or omissions of the City, its employees, agents, contractors or subcontractors in performing its obligations under this Agreement, except of the County's sole negligence. 6.2 The City's obligations under this section shall include,but not be limited to all of the following: (a) The duty to promptly accept tender of defense and provide defense to the County with legal counsel acceptable to the County and at the City's own expense; (b) Indemnification of claims made by the City's own employees or agents; and(c)Waiver of the City's immunity under the industrial insurance provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the County,which waiver has been mutually negotiated by the Parties. In the event it is necessary for the County to incur attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees, expenses, and costs shall be recoverable from The City. The provisions of this Section 2.12 shall survive the expiration, abandonment, or termination of this Agreement. 5 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 7. INSURANCE 7.1 The City, at its own cost, or its contractor(s)/subcontractor(s) at their own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, contractors, and/or subcontractors. The minimum limits of Commercial General Liability insurance shall be $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Such insurance shall include coverage for, but not be limited to,premises liability, ongoing operations, products and completed operations, advertising injury, and contractual liability. The minimum limit of Automobile Liability insurance shall be $1,000,000 combined single limit per accident for bodily injury and property damage. If the work involves the transport of pollutants (as defined by the standard auto policy exclusion of pollution)the auto policy shall be endorsed to include endorsement CA 9948 (or its equivalent) and MCS 90, or auto pollution coverage. The minimum limit of Pollution Liability insurance shall be $1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, clean-up costs and the loss of use of tangible property that has not been physically injured or destroyed. Coverage shall include non-owned disposal sites. Any deductible or self-insured retention(s) shall be the sole responsibility of the City or its contractor(s)/subcontractor(s). Such insurance shall cover King County, its officials, employees, and agents as additional insured for full coverage and policy limits against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit D unless Section VII.B. applies. Evidence of required coverage maintained by the contractor(s)/subcontractor(s)must be provided to the County prior to the commencement of any work. 7.2 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit D. 7.3 If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit D. 8. ENTIRE CONTRACT; NO WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 6 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 9. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. The Scope of Work set forth in Exhibit A shall be completed by the City no later than December 31, 2024. In the event that the scope of work is not completed by this date, then King County shall retain any unexpended Award funds. 10. SEVERABILITY If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 11. NOTICE Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant to this Agreement shall be in electronic form and shall be deemed duly given when received at the addresses first set forth below via electronic mail. A copy of any notice shall also be sent via first class mail to the address listed below. Joy Carpine-Cazzanti, Contract Administrator, or a provided designee King County Department of Natural Resources and Parks Water and Land Resources Division Hazardous Waste Management Program 201 S. Jackson Street, Suite 5600 Seattle, WA 98104 hazwastegovrelations@kingcounty.gov orjcarpine@kingcounty.gov If to the City: Tony Donati, Conservation Coordinator, or a provided designee City of Kent 220 4th Avenue S. Kent, WA 98032 tdonati@kentwa.gov Either Party hereto may, at any time,by giving ten(10) days written notice to the other Party, designate any other address in substitution of the foregoing address to which such notice or communication shall be given. 12. GENERAL PROVISIONS 12.1 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 12.2 Each Party warrants and represents that such Parry has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a Party warrants and represents that 7 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement No. HW1015 he/she has been fully authorized to execute this Agreement on behalf of such Parry and that such Party is bound by the signature of such representative. 12.3 None of the funds,materials,property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 12.4 This Agreement may be signed in multiple counterparts each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 12.5 This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a parry to this Agreement shall have any third-party beneficiary or other rights whatsoever hereunder. 12.6 This Agreement shall be governed by and construed according to the laws of the State of Washington.Actions pertaining to this Agreement will be brought in King County Superior Court, King County,Washington. IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Kent King County Docu Signed by: 7AF31RRF Rd BY BY RR Dana Ralph, Mayor Josh Baldi,Director City of Kent Water and Land Resources Division For Dow Constantine, King County Executive 04/26/2023 5/1/2023 Date Date 8 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Exhibit A HAZARDOUS WASTE MANAGEMENT PROGRAM CITY OF KENT 2023-2024 HWMP GRANT APPLICATION COVER LETTER CONTACT NAME: TONY DONATI / -7 Poye/ PHONE: d: 253-856-5589; c: 206-867-2739 ADDRESS: 220 4T" AVE S., KENT, WA 98032 EMAIL: tdonati@kentwa.gov DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 City of Kent Hazardous Waste Management Program Grant Application and Scope of Work The City of Kent proposes to use 2023-2024 HWMP grant funds for the following project: 1. Residential Hazardous Waste Collection Events & Education Task #1 - Residential Hazardous Waste Collection Events & Education The city of Kent will create and mail a brochure to residential and multifamily homes advertising upcoming recycle collection events, the Auburn Wastemobile, and traveling Wastemobile. The city will use funding to cover the fee for CFC appliance, battery, and propane tank recycling at six residential recycling collection events. The city will also collaborate on quarterly social media outreach through Facebook boosts with south sound cities to promote outreach messages to a broader audience. PROJECT OVERVIEW: Residential Hazardous Waste Collection Events a. Event Dates: • March, June & October 2023 • March, June & October 2024 b. Event Hours: 9 a.m. - 3 p.m. c. Locations: • Hogan Park on Russell Rd. in March & October • Kent Phoenix Academy in June d. Project Manager/City Contact: • Tony Donati, Conservation Coordinator City of Kent 220 4t" Ave. South Kent, WA 98032-5895 TEL: 206-867-2739 (cell) TEL: 253-856-5589 (desk) Email: tdonati@kentwa.gov e. MRW Materials Collected: • Lead Acid Batteries • Household Batteries • Propane tanks • CFC Appliances f. Event Promotion: • Recycle event flyer will be posted on City website: KentWA.gov/TalkingTrash, detailing what residents can bring and will provide credit to granting agencies who fund the events. • Notices included in: DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 1. Event flyer mailed to 50,000 homes per event 2. City & Reporter Newspaper calendars 3. City social media (Facebook/Twitter) and Mayor's weekly newsletter 4. Event flyer sent internally to staff to distribute to: a. Neighborhood Councils b. Various email lists 5. Event flyers in brochure racks at Senior Center, Kent Commons, City Hall, and Centennial Center 6. Event posted on King County website 7. Event date included on Republic Services' annual calendar distributed to residents g. Event Educational Materials to be Distributed: • Information on upcoming city recycling programs • King County-produced Hazardous Waste Disposal/Collection Information • Other appropriate educational materials h. Total Budget: $88,022.00 Estimated Cost 2023 2024 Total Collection/Hauling/Staff Labor $ 12,011 $ 12,011 $ 24,022 Collection/Hauling Costs $ 16,500 $ 16,500 $ 33,000 Event Flyer $ 5,000 $ 5,000 $ 10,000 Flyer Postage $ 10,000 $ 10,000 $ 20,000 Social Media Boosts $ 500 $ 500 $ 1,000 Totals $ 44,011 $ 44,011 $ 88,022 Educational Outreach may include: • Wastemobile information • Alternative, safer cleaning products • Information on product safety • Proper disposal of household hazardous and moderate risk waste • Water pollution prevention • Pesticide and herbicide reduction Proposed expenditures for this project include: • Residential collection event brochure o Printing o Postage/mailing o Design • Social media boosts • Staff labor • Hazardous waste recycling and disposal fees • Vendor fees Performance Objectives: • Promote the Residential Hazardous Waste Collection Events to Kent single-family and multi-family residents. • Promote proper hazardous waste disposal options at no cost to residents. • Highlight the events on both the City and Kent Reporter online calendars, King County website, and city website: KentWA.gov/TalkingTrash. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 • Advertise events on the city's social media and email platforms. Impact Objectives: • Event brochures to 50,000 residential homes per event. • Reduce the number of hazardous wastes and electronics that are illegally dumped along roadsides withing the city of Kent. • Increase awareness and participation of residents in the proper handling and disposal of moderate risk waste materials. The expected estimated total volumes of materials collected by the end of this grant (2024) are as follows: • Lead Acid Batteries: 7,000 pounds • Household Batteries: 7,000 pounds • CFC Appliances: 850 units • Vehicles participating: 6,000 Task #2 - Hazardous Waste Management Program City Representative One city staff member will attend monthly Moderate Risk Waste (MRW) meetings for updates and discussion regarding the Hazardous Waste Management Program's fixed collection facilities and the Wastemobile. The representative provides perspective on Program services, communications and activities, and provides information to the Program about city-sponsored activities. The representative communicates with staff members of other cities and coordinates with them as needed to solicit input on Program collection services and activities. MRW meetings are held virtually or in person the second Wednesday of the month, from 11 a.m. - 12:30 p.m., or as otherwise scheduled. The representative(s) can charge their hourly rate to this budget for meeting time, travel and work done that is directly related to city representation. Total budget: $4,000.00 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Agreement#HW 1015 EXHIBIT B 2023-2024 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 4th Avenue S. Kent,WA 98032 Component Description 2023-2024 Budget Total Task 1: Household $88,022.00 $88,022.00 Hazardous Waste Collection&Education Task 2: City $4,000.00 $4,000.00 Representative to Hazardous Waste Program TOTAL $92,022.00 $92,022.00 Footnote: The 2023-2024 budget can be partly or totally spent in either 2023 and/or 2024 but cannot exceed the budget total in these two years. City of Kent DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Hazardous Waste Management Program GOVERNMENTS WORKING TOGETHER FOR ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING A HEALTHIER AND CLEANER KING COUNTY King County Accounts Payable Information INVOICE Purchase Order# Supplier Name City of Kent Agreement No.HW1015 Supplier# 1585 Exhibit C Supplier Pay Site FOURTH AVE S Period of Performance: 1/1/23-12/31/24 Remit to Address 220 4th Avenue S. Kent,WA 98032 City of Kent Invoice Date 220 4th Avenue S. Kent,WA 98032 Invoice# Invoice Processing Contact:Tony Donati 253-856-5589 Amount to be Paid tdonati@kentwa.eov Requistioner name/phone Kristin Painter 206-477-5470 Submit signed invoice to: Joy Carpine-Cazzanti Hazardous Waste Management Program DNRP Water and Land Resources Division 2015.Jackson Street,Suite 5600 Seattle,WA 98104 hazwasteBovrelations@kinecounty.eov Start End Date Date Invoice for services rendered under this Agreement for the period of: MM/DD/YY Project Organization Expend Acct Task CPA Amount 1114016 860000 53105 001 Please do not enter values in shaded cells.Enter'Previously Billed"and"Current"values only. Expenditure Item 2023-24 Budget Previously Billed Current Cumulative Balance HHW Collection&Education $88,022.00 $0.00 $0.00 $0.00 $88,022.00 City Representative $4,000.00 $0.00 $0.00 $0.00 $4,000.00 Total $92,022.00 $0.00 $0.00 $0.00 $92,022.00 Materials and quantities collected: Collection or education event details: Gallons of motor oil Number of events Number of motor oil filters No.of participants at collection events Gallons of mixed fuel No.of participants at education events Gallons of antifreeze Pounds of lead acid batteries Pounds of dry batteries Number of CFC aplliances Number of fluorescent bulbs Other(please specify) I,the undersigned,do hereby certify under the laws of the State of Washington penalty of perjury,that this is a true and correct claim for reimbursement services rendered.I understand that any false claims,statements,documents, or concealment of material fact may be prosecuted under applicable Federal and State laws.This certification includes any attachments which serve as supporting documentation to this reimbursement request. Recipient Signed Date Haz Waste Program Authorization/Approval Date Print Name DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 INVOICE DETAIL Salaries&Wages-List by Employee Hours Rate of Pay/Hr Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current) Subtotal $ $ $ $ $ Fringe Benefits Base Rate Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current) Subtotal $ - $ - $ - $ - $ - Consultant Costs-Itemize by consultant Unit of measure Rate Budget Previously Current Cumulative Balance(Budget below Billed Expenditure (Previous+ less Cumulative) Current) Subtotal $ - $ - $ - $ - $ - Supplies-Please detail below Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current Subtotal $ - $ - $ - $ - $ - Travel Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current) In State Travel Total#of Miles Rate Out of State Travel If of People Rate Per Diem and Lodging #of People If of Units Unit Cost Subtotal $ - $ - $ - $ Other Costs-Please detail below Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current) $ $ $ $ Subtotal $ - $ - $ - $ - $ - Overhead Costs-Please detail below Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current Subtotal Budget Previously Current Cumulative Balance(Budget Billed Expenditure (Previous+ less Cumulative) Current Direct Costs Total $ $ $ $ $ Grand Total $ - $ - $ - $ Notes regarding this Invoice Invoice Detail Page 3 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Exhibit D 73/16/2023 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y 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 CONTACT NAME: Jamie Arnold) Seattle-Alliant Insurance Services, Inc. PHONE FAX 1420 Fifth Avenue, Suite 1500 LAIC, IC No Ext: 949-627-7000 A/c No), Seattle WA 98101 ADDRESS: Jamie.Arnoldi@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Safety National Casualty Corporation 15105 INSURED KE583802 INSURER B: City of Kent 220 Fourth Avenue South INSURER C: Kent WA 98032-5895 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:42304737 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDPOLICYYYYY MM DD EFF Y EXP LTR YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y XPR4067991 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREM SESOEa oNcurrDence $500,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $1,000,000 JECT OTHER: SIR $1,250,000 A AUTOMOBILE LIABILITY Y XPR4067991 1/1/2023 1/1/2024 COMBINED S INGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Deductible SIR $1,250,000 UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:City of Kent securing grant from King County to provide household hazardous waste education to residents and disposal of materials in a safe and responsible way.King County,its officials,employees,and agents are included as Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN King County Household Hazardous Waste Mgmt Program ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Joy Carpine-Cazzanti 201 S Jackson St#5600 AUTHORIZED REPRESENTATIVE Seattle WA 98104 rlow. 11•Wl� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMON POLICY CHANGE ENDORSEMENT SAFETY NATIONAL CASUALTY CORP Policy Number Effective Date ST. LOUIS, MO 63146 XPR4067983 01/01/2023 (888) 995-5300 Endorsement Number 001 12:01 A.M. Standard Time at the described loc- ation Named Insured and Address Agent CITY OF KENT ALLIANT INSURANCE SERVICES INC 220 4TH AVENUE SOUTH 1420 5TH AVENUE SUITE 1500 KENT, WA 98032 SEATTLE,WA 98101 Telephone: CHANGE DESCRIPTION The following endorsement has been Added: PE 001 00 12 22 Additional Insured - Scheduled Contracts Added: King County Household Hazardous Waste Mgmt Program Premium Changes This Premium does not include surcharges Additional Return $0 $0 Surcharge Changes Additional Return $0 $0 AUTHORIZED REPRESENTATIVE IL 10 05 12 08 Page 1 of 1 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 POLICY NUMBER: xPR4067983 PE 001 00 12 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED CONTRACTS This endorsement may be used to modify insurance provided under the following: GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART LAW ENFORCEMENT LIABILITY COVERAGE PART This endorsement does NOT extend insurance for any above Coverage Part if Item 3 of the Declarations for this Policy indicates "Not Covered"for such Coverage Part. SCHEDULE Coverage Part(s) Modified By This Endorsement GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART Additional Insured Description Of Contract Contract Date King County Household Hazardous Per written contract Per written contract Waste Mgmt Program Attn: Joy Carpine-Cazzanti 201 S. Jackson St. , #5600 Seattle, WA 98104 A. The following is added to Section B. WHO IS AN B. The following is added to Section D. LIMITS OF INSURED of each applicable Coverage Part listed INDEMNITY of each applicable Coverage Part in the SCHEDULE above: listed in the SCHEDULE above: Any person(s) or organization(s) listed in the The Limits of Indemnity afforded to the additional SCHEDULE to whom you are obligated by virtue Insured shown in the SCHEDULE will be limited to of a written contract to provide insurance solely the Limits of Indemnity required within the terms of with respect to bodily injury or property damage the contract or the Limits of Indemnity of this is an Insured. Policy, whichever is less. The Limits of Indemnity However, insurance for such additional Insured afforded to such additional Insured will apply in applies only to bodily injury and property excess of the retained limit shown in the Item 3. of damage required within the terms of the contract the Declarations. and only to the extent that such additional Insured is liable for bodily injury or property damage Any insurance provided in this endorsement is caused by your acts or omissions in the part of and not in addition to the Limits of performance of your operations. Indemnity shown in Item 4. of the Declarations for each applicable Coverage Part. PE 001 00 12 22 Safety National Casualty Corporation Page 1 of 1 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 73/29/2023 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 CONTACT NAME: Courtney COX Hylant-Toledo PHONE FAX 811 Madison Avenue LAIC, IC No Ext:419-724-8725 AIC No):419-255-7557 Toledo OH 43604 ADDRESS: OnPointCertificates@Hylant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Prop Cas Co of Amer 25674 INSURED ONPOGRO-01 INSURER B:Charter Oak Fire Insurance Co 25615 Concentric LLC dba All Battery Sales and Concentric LLC dba AB Retail INSURER C:Allied World Assurance Co Inc(US) 19489 c/o OnPoint Group, LLC INSURERD: Indian Harbor Insurance Co 36940 3235 Levis Commons Blvd. INSURER E: Perrysburg OH 43551 INSURER F COVERAGES CERTIFICATE NUMBER:944100845 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDPOLICYYYYY MM DD EFF Y EXP LTR YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y Y-630-2J330306-COF-23 3/14/2023 3/14/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREM SESOEa oNcurrDence $500,000 X XCU Coverage MED EXP(Any one person) $10,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 ] POLICY❑X PROJECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER, $ A AUTOMOBILE LIABILITY Y Y 810-9G392756-23-14 3/14/2023 3/14/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR Y ZUP-71N50062-23 3/14/2023 3/14/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$, $ A WORKERS COMPENSATION Y UB-OK639277-23-14-G 3/14/2023 3/14/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Liability 0311-7536 3/14/2023 3/14/2024 Each Condition/Agg $5,000,000 D Contractors Professional and PEC2000246 5/3/2022 5/3/2023 Per Claim/Agg $5,000,000 Pollution Liability DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Commercial general liability and automobile policies include a blanket additional insured on a primary and non-contributory basis where required by contract. Umbrella coverage includes additional insureds if provided in the underlying coverage.Umbrella policy is follow form.A separate$10,000,000 General Aggregate Limit applies on a Per Project basis when required by written contract.30 days notice of cancellation applies to designated entities.Waiver of subrogation applies per the general liability,automobile and workers compensation policies when required by written contract.Entities listed below are included as additional insured when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN King County DNRP Water and Land Resources Division ACCORDANCE WITH THE POLICY PROVISIONS. Hazardous Waste Management Program Attn: Joy Carpine-Cazzanti AUTHORIZED REPRESENTATIVE 201 S.Jackson Street, Suite 5600 Seattle WA 98104 F ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 Y6302J330306COF23 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II—WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured,but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury' caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications;and agreement is in effect;and b. If, and onlyto the extent that, such injury or (b) Supervisory, inspection, architectural or 1 ry engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury' or "property damage" work"to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence?' or an offense which may additional insured will be limited to such result in a claim. To the extent possible,such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "oocurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III — Limits Of Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or"suit" is brought against insured does not apply to: the additional insured: CG D2 46 0419 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL GENERAL LIABILITY Y6302J330306COF23 (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit"and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we comer. However, this claim or"suit'as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit', cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit', and otherwise Other Insurance, of Section IV—Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL GENERAL LIABILITY Y6302J330306COF23 5. The following is added to the DEFINITIONS a. $10,000; or Section: b. The amount shown in the Declarations of "Incidental medical services" means: this Coverage Part for Medical Expense a. Medical, surgical, dental, laboratory, x-ray Limit. or nursing service or treatment, advice or L. BLANKET WAIVER OF SUBROGATION instruction, or the related furnishing of The following is added to Paragraph 8., Transfer food or beverages; or Of Rights Of Recovery Against Others To Us, b. The furnishing or dispensing of drugs or of SECTION IV — COMMERCIAL GENERAL medical, dental, or surgical supplies or LIABILITY CONDITIONS: appliances. If the insured has agreed in a contract or 6. The following is added to Paragraph 4.b., agreement to waive that insured's right of Excess Insurance, of SECTION IV — recovery against any person or organization, we COMMERCIAL GENERAL LIABILITY waive our right of recovery against such person or CONDITIONS: organization, but only for payments we make This insurance is excess over any valid and because of: collectible other insurance, whether primary, a. "Bodily injury" or "property damage" that excess, contingent or on any other basis, that is available to any of your "employees" for occurs; or "bodily injury" that arises out of providing or b. "Personal and advertising injury" caused by failing to provide "incidental medical services" an offense that is committed; to any person to the extent not subject to subsequent to the execution of the contract or Paragraph 2.a.(1) of Section II — Who Is An agreement. Insured. M. CONTRACTUAL LIABILITY—RAILROADS K. MEDICAL PAYMENTS— INCREASED LIMIT 1. The following replaces Paragraph c. of the The following replaces Paragraph 7. of SECTION definition of "insured contract" in the III—LIMITS OF INSURANCE: DEFINITIONS Section: 7. Subject to Paragraph 5. above, the Medical c. Any easement or license agreement; Expense Limit is the most we will pay under 2. Paragraph f.(1) of the definition of "insured Coverage C for all medical expenses contract" in the DEFINITIONS Section is because of bodily injury sustained by any deleted. one person, and will be the higher of: CG D4 58 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL GENERAL LIABILITY Y6302J330306COF23 c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, subsequent to the signing of that contract or the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send notice to the first Named Insured. The due date proof of notice. for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 810-9G392756-23-14 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COW LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION Il—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COW separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 810-9G392756-23-14 COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS.- USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will a u to $400 for "loss" to wearing a - tent required of you by a written contract pay P 9 P signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident" or"loss" (1) Owned by an"insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL AUTO 810-9G392756-23-14 such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 POLICY NUMBER: 810-9G392756-23-14 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 a 2016 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 TRAVELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: UB-OK639277-23-14-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. DATE OF ISSUE: ST ASSIGN: PAGE 1 OF 1 3-14-2023 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL GENERAL LIABILITY POLICY NUMBER, Y6302J330306COF23 ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY TOTAL GENERAL AGGREGATE LIMIT DESIGNATED PROJECT(S) - GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Total General Aggregate Limit: $ 10,000,000 Designated Project(S): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) A. The Total General Aggregate Limit stated in the der COVERAGE C (SECTION I),which can be at- Schedule above is the most we will pal for the tributed only to operations at a single designated sum of all: "project"shown in the Schedule above: 1. Medical Expenses under COVERAGE, C 1. A separate Designated Project General Ag- (SECTION I); gregate Limit applies to each designated "pro- 2. Damages under COVERAGE A (SECTION 1), ject", and that limit is equal to the amount of except damages because of "bodily injury" or the General Aggregate Limit shown in the "property damage" included in the "products- Declarations. completed operations hazard"; and 2. Subject to the Total General Aggregate Limit 3. Damages under COVERAGE B (SECTION 1) stated in the Schedule above, the Designated Project General Aggregate Limit is the most regardless of the number of: we will nay for the sure of all damages under a. Insureds; COVERAGE A, except damages because of b. Claims made or"suits" brought; "bodily injury" or "property damage" Inciuded c. Persons s in the "products-completed operations haz- organizations making claims or and", and for medical expenses under COV- ERAGE C regardless of the number of: d. Designated "projects" listed in the SCHED- a, Insureds; ULE above. B. For all sums which the insured becomes legally b. Claims made or"suits" brought; or obligated to pay as damages caused by 'occur- c. Persons or organizations making claims rences" under COVERAGE A (SECTION 1), and or bringing "suits". for all medical expenses caused by accidents un- r,f, n a 94 ni Ltd L'.nmrrinh+ Thn Tmunhorc Inrla,rnhi}u(mmnnnv )onA Panc 9 of 7 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 COMMERCIAL GENERAL LIABILITY Y6302J330306COF23 3. Any payments made under COVERAGE A for To Premises Rented To You and Medical Ex. damages or under COVERAGE C for medical pence continue to apply. expenses shall reduce both the Total General D. part 2, of SECTION III—LIMITS OF INSURANCE Aggregate Limit stated in the Schedule is deleted and replaced by the following: above, and the Designated Project General Aggregate Limit for that designated "project". 2. The General Aggregate Limit is the most we Such payments shall not reduce the General will pay for the sum of. Aggregate Limit shown in the Declarations a. Damages under Coverage B; and nor shall they reduce any other Designated p, Damages from "occurrences" under Project General Aggregate Limit for any other COVERAGE A (SECTION 1) and for all designated "project" shown in the Schedule medical expenses caused by accidents above. under COVERAGE C (SECTION 1) which 4, The limits shown in the Declarations for Each cannot be attributed only to operations at Occurrence, Damage To Premises Rented To a singie designated"project"shown in the You and Medical Expense continue to apply. SCHEDULE above, However, instead of being subject to the E. When coverage for liability arising out of the General Aggregate Limit shown in the Decla- 'products-completed operations hazard" is pro- rations, such limits will be subject to both the vided, any payments for damages because of Total General Aggregate Limit stated in the "bodily injury" or "property damage" Included in Schedule above, and the applicable Desig- the "products-completed operations hazard" will nated Project General Aggregate Limit. reduce the Products-Completed Operations Ag- C. For all sums which the. insured becomes legally gregate Limit, and not reduce the Total General obligated to pay as damages caused by "occur- Aggregate Limit stated in the Schedule above, the rences" under COVERAGE A (SECTION 1), and General Aggregate Limit, or the Designated Pro- for all medical expenses caused by accidents un- ject General Aggregate Limit. der COVERAGE C (SECTION 1), which cannot be F. For the purposes of this endorsement the Defini- attributed only to operations at a single desig- tuns Section is amended by the addition of the nated "project" shown in the Schedule above: following definition. 4. Any payments made under COVERAGE A for "Project" means an area away from premises damages or under COVERAGE C for medical owned by or rented to you at which you are per- expenses shall reduce the amount available forming operations pursuant to a contract or under the Total General Aggregate Limit agreement. For the purposes of determining the stated in the Schedule above and the General applicable aggregate limit of insurance, each Aggregate Limit, or the Products-Completed "project" that includes premises involving the Operations Aggregate Limit, whichever is ap- same or connecting lots, or premises whose con- plicable; and nection is interrupted only by a street, roadway, 2. Such payments shall not reduce any Desig- waterway or right-of-way of a railroad shall be nated Project General Aggregate Limit. considered a single "project". As respects this Provision C., the limits shown in G. The provisions of LIMITS OF INSURANCE the Declarations for Each Occurrence, Damage (SECTION 111) not otherwise modified by this en- dorsement shall continue to apply as stipulated. pnnn ')of'7 ('.nnvrinht Tha Trauararr Inrlcamnitir r`.mmrianv 1)OA rr. ns'94 ni na DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 ZUP-71N50062-23 UMBRELLA b. You have paid all premiums due for this b. To sue us on this insurance unless all of policy at the time you make such request; its terms have been fully complied with. c. You promptly pay the additional premium 2. A person or organization may sue us -to we charge for the Extended Reporting recover on an agreed settlement or on a final Period endorsement for this insurance judgment against an insured. We will not be when due. We will determine that liable for damages that: additional premium after we have a. Are not payable under the terms of this received your request for the Extended Reporting Period endorsement for this insurance;or insurance. That additional premium is not b. Are in excess of the applicable limit of subject to any limitation stated in the insurance. ,underlying insurance on the amount or An agreed settlement means a settlement percentage of additional premium . that may be charged for the "extended and release of liability signed by us, the reporting period" in such "underlying insured and the claimant or the claimant's legal representative. insurance";and d. That Extended Reporting Period L. MAINTENANCE OF UNDERLYING INSURANCE endorsement is issued by us and made a 1. The insurance afforded by each policy of part of this policy. "underlying insurance" will be maintained for 3. Any Extended Reporting Period endorsement the full policy period of this Excess Follow- for this insurance will not reinstate or increase Form And Umbrella Liability Insurance. This the Limits of Insurance or extend the policy provision does not apply to the reduction or exhaustion of the aggregate limit or limits of period. such "underlying insurance" solely by 4. Except with respect to any provisions to the payments as permitted in Paragraphs 4.a.(1), contrary contained in Paragraphs 1., 2. or 3. (2) and (3) of COVERAGE A — EXCESS above, all provisions of any option to FOLLOW-FORM LIABILITY of SECTION I — purchase an "extended reporting period" COVERAGES. As such policies expire, you granted to you in the "underlying insurance" will renew them at limits and with coverage at apply to this insurance. least equal to the expiring limits of insurance. J. INSPECTIONS AND SURVEYS If you fail to comply with the above right but are not obligated to: requirements, Coverage A is not invalidated. 1. We have the ri g g However, in the event of a loss, we will pay a. Make inspections and surveys at any only to the extent that we would have paid had time; you complied with the above requirements. b. Give you reports on the conditions we 2. The first Named Insured shown in the find;and Declarations must give us written notice of c. Recommend changes. any change in the "underlying insurance" as respects: 2. Any inspections, surveys, reports or a. Coverage; recommendations relate only to insurability and the premiums to be charged. We do not b. Limits of insurance; make safety inspections. We do not c. Termination of any coverage;or undertake to perform the duty of any person or organization to provide for the health or d. Exhaustion of aggregate limits. safety of workers or the public. We do not 3. If you are unable to recover from any warrant that conditions: "underlying insurer" because you fail to a. Are safe or healthful;or comply with any term or condition of the b. Comply with laws, regulations, codes or "underlying insurance", Coverage A is not standards. invalidated. However, we will pay for any loss only to the extent that we would have paid had K. LEGAL ACTION AGAINST US you complied with that term or condition in 1. No person or organization has a right under that"underlying insurance". this insurance: M. OTHER INSURANCE a. To join us as a party or otherwise bring us This insurance is excess over any valid and into a "suit" asking for damages -from an collectible "other insurance" whether such "other insured;or insurance" is stated to be primary, contributing, Page 14 of 22 ®2016 The Travelers Indemnity Company.All rights reserved. EU 00 0107 16 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 ZUP-71N50062-23 UMBRELLA excess, contingent or otherwise. This provision P. PROHIBITED COVERAGE — UNLICENSED does not apply to a policy bought specifically to INSURANCE apply as excess of this insurance. 1. With respect to loss sustained by any insured However, if you specifically agree in a written in a country or jurisdiction in which we are not contract or agreement that the insurance provided licensed to provide this insurance, this to any person or organization that qualifies as an insurance does not apply to the extent that insured under this insurance must apply on a insuring such loss would violate the laws or primary basis, or a primary and non-contributory regulations of such country or jurisdiction. basis, then insurance provided under Coverage A 2. We do not assume responsibility for: is subject to the following provisions: 1. This insurance will apply before any 'other a. The payment of any fine, fee, penalty or insurance" that is available to such additional other charge that may be imposed on any insured which covers that person or person or organization in any country or jurisdiction because we are not licensed organization as a named insured, and we will to provide insurance in such country or not share with that other insurance",provided jurisdiction; or that the injury or damage for which coverage is sought is caused by an "event" that takes b. The furnishing of certificates or other place or is committed subsequent to the evidence of insurance in any country or signing of that contract or agreement by you. jurisdiction in which we are not licensed to 2. This insurance is still excess over any valid provide insurance. and collectible 'other insurance", whether 0. PROHIBITED COVERAGE — TRADE OR primary, excess, contingent or otherwise, ECONOMIC SANCTIONS which covers that person or organization as We will provide coverage for any loss, or an additional insured or as any other insured otherwise will provide any benefit, only to the that does not qualify as a named insured. extent that providing such coverage or benefit N. PREMIUM does not expose us or any of our affiliated or parent companies to: 1. The first Named Insured shown in the 1. Any trade or economic sanction under any law Declarations is responsible for the payment of or regulation of the United States of America; all premiums and will be the payee for any return premiums. or 2. If the premium is a flat charge,it is not subject 2. Any other applicable trade or economic to adjustment except as provided in sanction, prohibition or restriction. Paragraph 4.below. R. REPRESENTATIONS 3. If the premium is other than a flat charge, it is By accepting this insurance,you agree: an advance premium only. The earned 1. The statements in the Declarations and any premium will be computed at the end of the subsequent notice relating to "underlying policy period,or at the end of each year of the insurance"are accurate and complete; policy period if the policy period is two years 2, Those statements are based upon or longer, at the rate shown in the representations you made to us; and Declarations, subject to the Minimum Premium. 3. We have issued this insurance in reliance upon 4. Additional premium may become payable your representations. when coverage is provided for additional S. SEPARATION OF INSUREDS insureds under the provisions of SECTION II Except with respect to the Limits of Insurance, —WHO IS AN INSURED. and any rights or duties specifically assigned in 0. PREMIUM AUDIT this policy to the first Named Insured shown in the Declarations,this insurance applies: The premium for this policy is the amount stated 1. As if each Named Insured were the only in Item 5. of the Declarations. The premium is a Named Insured;and flat charge unless it is specified in the Declarations as adjustable. 2. Separately to each insured against whom claim is made or"suit"is brought. EU 00 01 0716 ©2016 The Travelers Indemnity Company.All rights reserved. Page 15 of 22 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 ZUP-71N50062-23 UMBRELLA T. WAIVER OR TRANSFER OF RIGHTS OF provision does not affect our right to collect RECOVERY AGAINST OTHERS TO US additional premium or to exercise our rights of 1. If the insured has rights to recover all or part cancellation or nonrenewal in accordance with of any payment we have made under this applicable insurance laws or regulations. insurance, those rights are transferred to us W. WHEN LOSS IS PAYABLE and the insured must do nothing after loss to If we are liable under this insurance, we will pay impair them. At our request, the insured will for injury, damage or loss after: bring suit or transfer those rights to us and help us, and with respect to Coverage A, the 1. The insured's liability is established by: "underlying insurer", enforce them. a. A court decision;or If the insured has agreed in a contract or b. A written agreement between the agreement to waive that insured's right of recovery against any person or organization, claimant, the insured, any "underlying we waive our right of recovery against that insurer"and us;and person or organization, but only for payments 2. The amount of the "applicable underlying we make because of an "event" that takes limit" or "self-insured retention" is paid by or place or is committed subsequent to the on behalf of the insured. execution of that contract or agreement by SECTION VI—DEFINITIONS such insured. 2. Reimbursement of any amount recovered will A. With respect to all coverages of this insurance: be made in the following order: 1. "Applicable underlying limit" means the sum of: a. First, to any person or organization a. The applicable limit of insurance stated (including us or the insured)who has paid for the policies of "underlying insurance" any amount in excess of the applicable in the Schedule Of Underlying Insurance limit of insurance; subject to the provisions in Paragraphs b. Next,to us; and 4.a.(1), (2) and (3) of COVERAGE A — c. Then, to any person or organization EXCESS FOLLOW-FORM LIABILITY of (including the insured and with respect to SECTION I—COVERAGES; and Coverage A, the"underlying insurer")that b. The applicable limit of insurance of any is entitled to claim the remainder, if any. "other insurance"that applies. 3. Expenses incurred in the process of recovery The limits of insurance in any policy of will be divided among all persons or "underlying insurance"will apply even if: organizations receiving amounts recovered according to the ratio of their respective a. The "underlying insurer" claims the recoveries. insured failed to comply with any term or U. TRANSFER OF YOUR RIGHTS AND DUTIES condition of the policy;or UNDER THIS INSURANCE b. The "underlying insurer" becomes 1. Your rights and duties under this insurance bankrupt or insolvent. may not be transferred without our written 2. "Auto hazard" means all "bodily injury" and consent except in the case of death of an "property damage" to which liability insurance individual Named Insured. afforded under an auto policy of "underlying 2. If you die, your rights and duties will be insurance" would apply but for the exhaustion transferred to your legal representative but of its applicable limits of insurance. only while acting within the scope of duties as 3. "Electronic data" means information, facts or your legal representative. Until your legal programs stored as or on, created or used on, representative is appointed, anyone having or transmitted to or from computer software proper temporary custody of your property will (including systems and applications software), have your rights and duties but only with hard or floppy disks, CD-ROMs, tapes, drives, respect to that property. cells, data processing devices or any other V. UNINTENTIONAL OMISSION OR ERROR media which are used with electronically The unintentional omission of, or unintentional controlled equipment. error in,any information provided by you which we 4. "Event" means an "occurrence", offense, relied upon in issuing this policy will not prejudice accident, act, error, omission, wrongful act or your rights under this insurance. However, this loss. Page 16 of 22 0 2016 The Travelers Indemnity Company.All rights reserved. EU 00 0107 16 DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 iv. Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: i. Obtain records and other information related to the suit; and ii. Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments as provided under Paragraph 2. Supplementary Payments of SECTION I — COVERAGES of this policy. Notwithstanding the provisions of Paragraph 1. Contractual Liability of SECTION III — EXCLUSIONS of this policy, such payments will not be deemed to be damages for bodily injury, property damage, environmental damage and emergency response expense and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments, as provided under Paragraph 2. Supplementary Payments of SECTION I — COVERAGES of this policy, ends when we have used up the applicable limit of insurance in the payment of judgments or settlements; or the conditions set forth above, or the terms of the agreement described in paragraph (6) above, are no longer met. SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: ENV-CPL 00003 00 (02/12) Page 5 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 (1) Bodily 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 employment 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 that 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 Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) Property damage to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any subsidiary, associated, affiliated or allied company or corporation, including subsidiaries thereof, of which you have more than 50% ownership interest at the inception of the policy period. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and ENV-CPL 00003 00 (02/12) Page 6 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. DocuSign Envelope ID:4B8D8794-CED5-47B3-A4FA-FE79BD879867 b. Coverage under this policy does not apply to bodily injury, property damage, environmental damage or emergency response expense that took place before you acquired or formed the organization; 4. Any person or organization with whom you agree to include as an insured in a written contract or written agreement, but only with respect to bodily injury, property damage, environmental damage or emergency response expense arising out of your work. 5. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage or emergency response expense arising out of their financial control of you. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III— EXCLUSIONS This insurance does not apply to: 1. Contractual Liability Bodily injury, property damage, environmental damage or emergency response expense for which the insured 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: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage, environmental damage or emergency response expense occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury, property damage, environmental damage or emergency response expense, provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and (2) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Criminal Fines, Penalties and Assessments Any criminal fines, criminal penalties or criminal assessments. 3. Damage to Conveyance Property damage to any conveyance utilized during transportation. This exclusion does not apply to claims made by third-party carriers for such property damage arising from the insured's negligence. 4. Damage to Property ENV-CPL 00003 00 (02/12) Page 7 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. DocuSign Certificate Of Completion Envelope Id:4B8D8794CED547B3A4FAFE79BD879867 Status:Completed Subject:Complete with DocuSign: Haz Waste Program Agreement HW1015-Kent 2023-2024.pdf Source Envelope: Document Pages:37 Signatures: 1 Envelope Originator: Certificate Pages:5 Initials:0 Kristin Painter AutoNav: Enabled 401 5TH AVE Envelopeld Stamping: Enabled SEATTLE,WA 98104 Time Zone: (UTC-08:00)Pacific Time(US&Canada) kristin.painter@kingcounty.gov IP Address: 198.49.222.20 Record Tracking Status:Original Holder:Kristin Painter Location: DocuSign 5/1/2023 3:15:50 PM kristin.painter@kingcounty.gov Security Appliance Status:Connected Pool: FedRamp Storage Appliance Status:Connected Pool: King County-Dept of Natural Resources& Location: DocuSign Parks-Wastewater Treatment Signer Events Signature Timestamp Josh Baldi E Doc�signedby. Sent:5/1/2023 3:19:03 PM josh.baldi@kingeounty.gov ��� Viewed:5/1/2023 3:36:39 PM WLR Division Director, DNRP zmnFa,seFoa4a6 Signed:5/1/2023 3:37:17 PM WLR, DNRP Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IP Address: 174.21.87.150 Electronic Record and Signature Disclosure: Accepted:5/1/2023 3:36:39 PM ID:210a4e5c-69ac-481e-8e2f-97c8ecb09958 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Kris Nielsen Sent:5/1/2023 3:19:04 PM kris.nielsen@kingcounty.gov Viewed:5/1/2023 3:24:15 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tony Donati *C Sent:5/1/2023 3:19:04 PM TDonati@kentwa.gov i L Viewed:5/1/2023 3:52:22 PM City of Kent Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/1/2023 3:19:04 PM Certified Delivered Security Checked 5/1/2023 3:36:39 PM Signing Complete Security Checked 5/1/2023 3:37:17 PM Completed Security Checked 5/1/2023 3:37:17 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:6/25/2020 6:57:10 AM Parties agreed to:Josh Baldi ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of Natural Resources and Parks-Wastewater Treatment(we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact King County-Department of Natural Resources and Parks-Wastewater Treatment: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: ohansen@kingcounty.gov To advise King County-Department of Natural Resources and Parks-Wastewater Treatment of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at ohansen@kingcounty.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from King County-Department of Natural Resources and Parks- Wastewater Treatment To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to ohansen@kingcounty.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with King County-Department of Natural Resources and Parks- Wastewater Treatment To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; I send us an email to ohansen@kingcounty.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusijzn.com/guides/signer-"ide- signing-ssystem-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and(i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify King County-Department of Natural Resources and Parks- Wastewater Treatment as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County- Department of Natural Resources and Parks-Wastewater Treatment during the course of your relationship with King County-Department of Natural Resources and Parks- Wastewater Treatment.