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CAG2023-489 - Original - Smith Fire Systems, Inc. - Fire Protections & Fire Security Monitoring Services - 09/19/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:m,� Agreement Routing Form DirAsst: 'el-For Approvals,Signatures and Records Management Dir/Dep:eL BL KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A 5 H 1 N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Leah Bryant for Ken Crutcher Parks, Recreation & Community Services Date Sent: Date Required: 0 09/05/2023 09/15/2023 fl. Authorized to Sign: Date of Council Approval: a a F7Mayor or Designee NA Budclet Account Number: Grant? Yes NoF7 54006940.64190.5800 Budget?W]Yes E]No Type: N/A Vendor Name: Category: Smith Fire Systems, Inc Contract Vendor Number: Sub-Category: = 67830 Original O Project Name: Fire Protection & Fire/Security Monitoring Services a- Project Details: As described in attached Exhibit A, incorporated herein, the vendor shall Provide O = citywide fire & security alarm monitoring, maintenance & confidence testing. Followed-up by inspections performed by Fire Marshal from the PSRFA. C O Basis for Selection of Contractor: � Agreement $44 057.87 Direct Negotiation N *Memo to Mayor must be attached i Start Date: 8/1/2023 Termination Date: 07/31/2024 im Q Local Business? Yes F,/]No*If meets requirements per KCC3.70.100,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: F,—/]Yes ElIn-ProcessElExempt(KCC 5.01.045) ❑✓ Authorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesF—]No CAG2023-489 Comments: Per Logan's instruction please have the Mayor sign the memo on page 12 3 f0 � C = 3 o°c C� a, oc Date Received:City Attorney: 9/13/23 Date Routed:Mayor's Office 9/19/23 City Clerk's Office 9/19/23 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 4000, KENT WAs �ro GOODS & SERVICES AGREEMENT between the City of Kent and Smith Fire Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Smith Fire Systems, INc. organized under the laws of the State of Washington, located and doing business at 1106 54th Ave E., Tacoma, WA 98424, Josh Gooding, 253-248-2008 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide City-wide fire & security alarm monitoring, fire & security maintenance & confidence testing, as well as inspections & testing of fire suppression systems at 3rd year pricing per Quote dated 07/18/2023 which is attached and incorporate as Exhibit A. The services provided are not subject to Washington State Sales Tax, except for WSST required for fire/security monitoring services. This is a one (1) year agreement set to expire on July 31, 2024. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by July 31, 2024. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $44,057.87, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall invoice upon completion of work for inspection items and will invoice annually for monthly fire/burg monitoring services, Terms: Net 30 days Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: 7l/�i Com-7r'r� L By:.Josh Gooding(sep 12,20 10:27 PDT) By Print Name:Josh Gooding Print Name: Dana Ralph Its Operations Manager ITM/FA Its Mayor DATE: Sep 12,2023 DATE: 09/19/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Josh Gooding Will Moore Smith Fire Systems, Inc. City of Kent 1106 541" Ave. E 220 Fourth Avenue South Tacoma, WA 98424 Kent, WA 98032 253-248-2008 (telephone) (253) 856-5081 (telephone) 253-926-2008 (facsimile) (253) 856-6080 (facsimile) APPROVED 0- -6A ASS TO FORM: J'C-� Kent Law Department ATTEST: Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. �arh-7c� By:Josh Gooding(Sep 12,20 10:27 PDT) For: Smith Fire Systems Title: Operations Manager ITM/FA Date: Sep 12,2023 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES Julie Parascondola, Director KEN7 220 4th Avenue South W A s H I N G T o N Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5100 MEMORANDUM To: Dana Ralph, Mayor From: Julie Parascondola, Parks Director Via: Will Moore, Facilities Superintendent Date: August 8,2023 Re: Request for Waiver of City's Contract Requirement for Smith Fire The City's Parks, Recreation, and Community Services (PRCS) Department requests an exception to the procurement requirement under KCC 3.70.080(B) and KCC 3.70.110(A) for the City's use of fire confidence testing and fire monitoring services. Under section 3.70.080(B) for purchases where the estimated cost is greater than thirty-five thousand dollars ($35,000), but sixty-five thousand dollars ($65,000) or less, the director shall attempt to solicit and document at least three (3) written bids or quotes for the purchase. However, under section 3.70.1 10(A),the mayor can waive bidding requirements for the purchase of services upon a finding that the bidding requirements would otherwise not be practicable or in the City's best interest under the circumstances. Under the circumstances explained below, it is not practical or in the City's best interest to use new vendors at this time. Smith Fire has been the City's most used fire alarm service and repair vendor for many years. Due to their familiarity and knowledge of our buildings and in some cases, aging systems, it's beneficial for the City to continue service with them. The historical records and knowledge are a valuable asset and in the City's best interest to maintain for the time being. In addition, our fire and burglar alarm monitoring services are connected to Smith Fire. When the fire alarms or burglar alarms are trigged at our facilities, it's their answering service who calls and dispatches the fire department or police. This is an essential service to keep online and by switching vendors we put this at risk, therefore it is not practical to make changes at this time. We are also in the process of reevaluating our burglar alarm systems and to make any changes with this monitoring service at this time would not be practical. For these reasons, I respectfully request that you authorize and ratify the waiver of a memorialized contract by signing below. Thank you for your consideration. Juli arascondola (Aug29,202311:48 PDT) APPROVED: ? 09/19/2023 Mayor Dana Ralph Date a N N N N U V LL LL LL LL VI W m W V1 W V)W 6 LL a LL 6 LL a LL 2 2 x x aaz aaz ae� aaz zwa Ewa DWa D Z ! 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NO N J Jy� E 12 N M M ZUw rn ZU W m 1p t` OC " Q�> Za�Y 614 61S a a c p T I� U_ I� U_ C Q W W N QQ O , 'n ? O 7 C 7 C F 2: U V C N W Q C �.y �.y O > LL LL N U) U) In W W mLLV HILL V 2 0> fO> m w w Z 0 Z 0 z ? d > Y Y U a O Z w W � O Z z a F o Z d d d d O Q F z z LL. LL. LL. LL. Q LL a a a a a Z C N Z in V1 V1 V1 V1 N O a a a a OI a z a a a a c O E u u u 0 c w c c c c L 2 w Z v V V V V G7 O .a Q .> C o C_o a 0 0 0 U w V" C C C C O O m G m 3 Q Q Q Q H EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 78/11/2023 (MM/DDYY) A�" CERTIFICATE OF LIABILITY INSURANCE YY 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: Stephen Eml Arthur J. Gallagher Risk Management Services, LLC PHONE FAx 777 108th Ave NEIA/C. A/C No Ext:425-454-3386 A/C No:425-451-3716 #200 ADDRESS: Stephen_Erni@ajg.com Bellevue WA 98004 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Navigators Specialty Insurance Company 36056 INSURED SMITFIR-01 INSURERB: Union Insurance Company 25844 Smith Fire Systems, Inc.1106 54th Avenue East INSURER C: Indian Harbor Insurance Company 36940 Tacoma WA 98424 INSURERD:Westfield Specialty Insurance Company 16992 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:134396512 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM DD YYYY MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y LA22CGLZO69CHIC 11/2/2022 11/2/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ] POLICY❑X PROJECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: BI/PD Retention $$10,000 B AUTOMOBILE LIABILITY Y CPA 6052606-20 11/2/2022 11/2/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L 1 1 $ C UMBRELLALIAB X OCCUR Y SXS0062312(Lead$5M) 11/2/2022 11/2/2023 EACH OCCURRENCE $10,000,000 D XSL-00001HJ-00($5M x$$5M) 11/2/2022 11/2/2023 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$so $ A WORKERS COMPENSATION LA22CGLZO69CHIC 11/2/2022 11/2/2023 PER �( OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA St0 Gap ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ 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 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:City of Kent Scope of Work 2023 The City of Kent Parks&Recreation is named Additional Insured with respects to the work performed by the named insured per a written contract agreement. Endts attached#CG2010 0413,#CG2037 0413,and#CLCA0149 0721. Primary&non-contributory coverage per the attached Endorsement#CG2001 0413. Umbrella/excess liability follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Kent Parks& Recreation ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Leah Bryant or Ron Lashley 220 4th Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO CLCA01490721 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED 1. Such person or organization is an additional ORGANIZATIONS "insured" only to the extent such person or The following is added to Paragraph A.1. Who Is organization is liable for "bodily injury" or An Insured of Section II -Covered Autos Liability "property damage": because of the conduct of Coverage: an "insured" under Paragraphs a. orb. under Paragraph A.1. Who Is An Insured of Section Any organization you newly acquire or form, other II -Covered Autos Liability Coverage, caused than a partnership,joint venture or limited liability by an "accident" and resulting from the company or any organization excluded either by ownership, maintenance or use of a covered this Coverage Part or by endorsement, and over "auto"; which you maintain ownership or majority interest 2. The written contract or agreement described of more than 50 percent will qualify as a Named above must have been executed prior to the Insured. However: "accident"that caused the "bodily injury" or 1. This insurance does not apply to any newly "property damage" and be in effect at the time acquired or formed organization that is an of such "accident"; "insured"under any other automobile policy or 3. The insurance afforded to any such additional would be an "insured" under such policy but "insured" does not apply to any "accident" for its termination or the exhaustion of its Limit beyond the period of time required by the of Insurance. written contract or agreement described 2. Coverage does not apply to "bodily injury" or above; "property damage" that occurred before you 4. The most we will pay on behalf of such acquired or formed the organization. additional "insured(s)"is the lesser of: 3. Coverage under this provision is afforded only until the 180th day after you acquire or form a. The Limits of Insurance specified in the the organization or the end of the policy written contract or agreement described period, whichever is earlier. above; or B. ADDITIONAL INSURED BY CONTRACT OR b. The Limits of Insurance shown in the AGREEMENT Declarations. The following is added to Paragraph A.1., Who Is This provision shall not increase the Limit of An Insured of Section II -Covered Autos Liability Insurance shown in the Declarations in this Coverage: policy or coverage part; and When you have agreed in a written contract or 5. The following changes are madeto Paragraph agreement to include a person or organization as 5. Other Insurance of B. General Conditions an additional "insured", such person or under Section IV-Business Auto Conditions: organization is included as an "insured" subject to a. The following is added to Paragraph 5.a.: the following: If required by the written contract or agreement described above, the CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 1 of 5 Office, Inc., with its permission insurance afforded to the additional Paragraph A.4.a. Transportation Expenses of insured under this provision will be Section III -Physical Damage Coverage is primary to, and will not seek contribution amended as follows: from, the additional insured's own insurance. 1. The Limits of Insurance are increased to$75 per day to a maximum of$2,500. b. Paragraph 5.c. is deleted in its entirety. 2. We will also pay reasonable and necessary 6. Paragraph A.1.c. under Section II - Covered expenses to facilitate the return of the stolen Autos Liability Coverage is deleted in its "auto"to you. entirety. 3. It is agreed and understood and it is our stated 7. The definition of "insured contract" under intent that expenses incurred by you underthe Section V-Definitions is amended to add the Transportation Expenses Coverage following: Extension will not also be covered or paid An "insured contract" does not include that under the Rental Reimbursement Coverage part of any contract or agreement: provided by this endorsement or any rental reimbursement coverage added by separate That pertains to the ownership, maintenance endorsement to this policy. or use of an "auto" and which indemnifies a H. EXTENDED COVERAGE-AIRBAGS person or organization for other than the vicarious liability of such person or The following is added to Exclusion B.3.a. of organization for "bodily injury" or "property Section III -Physical Damage Coverage: damage" caused by your operation or use of However, this exclusion does not apply to the a covered "auto". unintended discharge of an airbag. However, a person or organization is an This coverage is excess over any other collectible additional "insured" under this provision only to the extent such person or organization is insurance or warranty providing such airbag not named as an "insured" by separate coverage. endorsement to this policy. I. AUTO LOAN/LEASE GAP COVERAGE C. EMPLOYEES AS INSUREDS The following is added to Section III - Physical The following is added to Paragraph A.1. Who Is Damage Coverage, Paragraph C. Limits of An Insured Section II - Covered Autos Liability Insurance. Coverage: 4. In the event of a total "loss" to a covered Any "employee" of yours is an "insured" while "auto", we will pay the lesser of: using a covered "auto" you don't own, hire or a. Any unpaid amount due on the lease or borrow in your business oryour personal affairs. loan for a covered "auto", less: D. INCREASED COVERAGE- BAIL BONDS (1) The amount under the Physical The Supplementary Payments Coverage Damage Coverage section of the Extension of Section II - Covered Autos Liability policy; and Coverage is amended as follows: (2) Any: The Limit of Insurance in paragraph A.2.a.(2) is (a) Overdue lease/loan payments at increased to$5,000. the time of the"loss"; E. INCREASED COVERAGE - LOSS OF (b) Financial penalties imposed EARNINGS under a lease for excessive use, The Supplementary Payments Coverage abnormal wear and tear or high Extension of Section II - Covered Autos Liability mileage; Coverage is amended as follows: (c) Security deposits not returned by The Limit of Insurance in paragraph A.2.a.(4) is the lessor; increased to$1,000. (d) Costs for extended warranties, F. FELLOW EMPLOYEE COVERAGE Credit Life Insurance, Health, Accident or Disability Insurance The Fellow Employee Exclusion contained in purchased with the loan or lease; Section 11-Covered Autos Liability Coverage does and not apply. This coverage is excess over any other collectable insurance. (e) Carry-over balances from prevous loans or leases; or G. COVERAGE EXTENSION -TRANSPORTATION b. $5,000. EXPENSES Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission However, this provision does not apply to the disabled. However, the labor must be performed extent loan/lease gap coverage has been at the place of disablement. provided by separate endorsement to this N. FIRE EXTINGUISHER RECHARGE policy. J. GLASS REPAIR-NO DEDUCTIBLE The following is added to Paragraph A.4. The following is added to Paragraph D. Deductible Coverage Extensions of Section IV - Physical of Section I II-Physical Damage Coverage:Any Damage Coverage: Comprehensive Coverage deductible shown in When fire extinguishers are kept in your covered the Declarations does not apply to "loss" to auto and any are discharged in an attempt to extinguish a fire, we will pay the lesser of the glass breakage when you elect to patch or repair actual cost of recharging or replacing such fire rather than replace the glass. extinguisher(s). This provision does not apply to any covered No deductible applies to this coverage. "auto"provided Physical Damage Coverage under CA 0421 - Full Safety Glass Coverage. O. HIRED AUTO PHYSICAL DAMAGE COVERAGE K. INCREASED COVERAGE - ELECTRONIC EQUIPMENT The following is added to Paragraph A.4. Coverage Extensions of Section III - Physical The $1,000 limit indicated in Paragraph C.1.b. Damage Coverage: under Section III -Physical Damage Coverage is increased to$2,500. If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage L. EXTENDED COVERAGE - PERSONAL Coverage is provided for any "auto" you own,then PROPERTY the Physical Damage coverages provided are The following is added to Paragraph AAA extended to"autos"you lease, rent, hire or borrow Coverage Extensions of Section III - Physical from someone other than your "employees", Damage Coverage: partners or members of their households subject Physical Damage Coverage on a covered "auto" to the following: may be extended to "loss" to your personal 1. The most we will pay in any one "loss" is the property or, if you are an individual, the personal lesser of: property of a family member, that is in the covered a. The actual cash value of the"auto"; "auto" at the time of "loss" and caused by an b. The cost to repair or replace the"auto";or "accident" and resulting from the ownership, maintenance or use of a covered "auto". C. $100,000. The insurance provided by this coverage 2. Paragraph 1. above is subject to a deductible. extension is excess over any other collectible The deductible shall be equal to the amount of insurance. The most we will pay for anyone"loss" the highest deductible shown for any owned under this coverage extension is $500. However, "auto" of the same classification for that our payment for "loss" to personal property will coverage. In the event there is no owned only be for the account of the owner of the "auto" of the same classification, the highest property. deductible for any owned "auto"will apply for Under this provision, personal property does not that coverage. include and we will not pay for "loss" of currency, No deductible will apply to "loss" caused by coins, securities or contraband. fire or lightning. No deductible applies to this coverage extension. 3. Hired Auto Physical Damage Coverage is M. TOWING subject to the following: Paragraph A.2. Towing of Section III - Physical a. If symbol 8 is shown in the Covered Auto Damage Coverage, is replaced by the following: If section ofthe Declarations pageforany of a private passenger type "auto" or light truck the Physical Damage coverages, then the "auto" (0-10,000 Lbs. GVW) is provided both Hired Auto Physical Damage coverage Comprehensive and Collision Coverage, we will described in this endorsement does not pay up to$150 for towing and labor costs incurred apply. each time such "auto" is disabled. If a medium, b. Other than indicated in Paragraphs a. heavy or extra-heavy truck or extra-heavy Truck- directly above, coverage provided under tractor"auto" (greater than 10,000 Lbs. GVW)is this provision will be excess over any provided both Comprehensive and Collision other collectible insurance or coverage. Coverage, we will pay up to $250 for towing and labor costs incurred each time such "auto" is CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 3 of 5 Office, Inc., with its permission 4. In addition to the limit set forth in Paragraph 1. However, this provision does not apply to the above we will pay up to $500 per day, to a extent that rental reimbursement is provided maximum of$3,500 per"loss"for: by separate endorsement to this policy. a. Any costs or fees associated with the Q. DRIVE OTHER CAR COVERAGE "loss"to a hired"auto"; and 1. The following is added to Section II -Covered b. Loss of use of the hired"auto", provided it Autos Liability Coverage: is the consequence of an "accident"for which you are legally liable, and as a a. Any"auto" you don't own, hire or borrow result of which a monetary loss is is a cored "auto"for Liability Coverage sustained by the leasing or rental while being used by: concern. (1) You, if you are designated in the However, Paragraph AA.b. Loss of Use Declarations as an individual; Expenses under Section III - Physical Damage (2) Your partners or members, if you are Coverage of the Business Auto Coverage Form designated in the Declarations as a does not apply. partnership orjoint venture; P. RENTAL REIMBURSEMENT COVERAGE (3) Your members or managers, if you We will pay for rental reimbursement expenses are designated in the Declarations as incurred by you for the rental of an"auto"because a limited liability company; of"loss"to a covered"auto". (4) Your executive officers if you are 1. Payment applies in addition to the otherwise designated in the Declarations as an applicable amount of each coverage you have organization other than an individual, on the covered "auto". partnership, joint venture or limited liability company;and 2. No deductible applies to this coverage. (5) The spouse of any person named in 3. We will pay only for those expenses incurred Paragraphs Q.1.a.(1). through during the policy period beginning 24 hours Q.1.a.(4)while a resident of the same after the "loss"and ending, regardless of the household; expiration date of the policy,with the lesser of Except: the following number of days: a. The number of days when the covered (a) Any "auto" owned by that "auto" has been repaired or replaced, or individual orby any memberof his or her household. b. 45 days. (b) Any"auto" used by that individual 4. Our payment is limited to the lesser of the or his orher spouse while working following amounts: in a business of selling,servicing, a. Necessary and actual expenses incurred; repairing or parking"autos". or 2. Changes In Auto Medical Payments And b. Not more than$75 for any one day; Uninsured And Underinsured Motorists Coverages 5. We will pay up to an additional $300 for the The following is added to Who Is An Insured: reasonable and necessary expenses you incur to remove your materials and equipment Any individual named in 1.a above and his or from the covered "auto" and replace such her "family members" are "insured" while materials and equipment on the rental "auto". "occupying"or while a pedestrian when being 6. This coverage does not apply while there are struck by any"auto"you don't own except: spare or reserve "autos" available to you for Any"auto" owned by that individual or by any your operations. "family member". 7. If"loss"resultsfrom thetotal theft ofa covered 3. Changes In Physical Damage Coverage "auto" of the"private passenger type",we will Any private passenger type "auto" you don't pay under this coverage only that amount of own, hire or borrow is a covered "auto"while your rental reimbursement expenses which is in the care,custody or control of any individual not already provided for under the Physical named in Q.1.a. above or his or her spouse Damage Coverage Extension of the Business while a resident of the same house-hold Auto Coverage Form or any endorsements except: thereto. a. Any"auto" owned by that individual or by any member of his or her household; or Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 0149 07 21 Office, Inc., with its permission b. Any"auto"used by that individual or his or b. Was in effect at the time of the covered her spouse while working in a business of "bodily injury" or"property damage". selling, servicing, repairing or parking"autos". 2. The covered "bodily injury" or "property damage" must arise out of the operations 4. The most we will pay for the total of all specified in such written contract or damages under Covered Autos Liability agreement. Uninsured Motorists Coverage and 3. At our request you must provide us with a Underinsured Motorists Coverage is the Limit copy of the aforementioned written contract or Of Insurance shown in the Declarations as agreement. applicable to owned"autos". 5. Our obligation to pay for, repair, return or T. UNINTENTIONAL OMISSIONS replace damaged or stolen property under The following is added Paragraph B.2. of Section Physical Damage Coverage, will be reduced IV-Business Auto Conditions: by a deductible equal to the amount of the If you fail to disclose any hazards existing at the highest deductible shown for any owned private passenger type "auto" applicable to inception date of this policy, such failure will not that coverage. If there are no owned private prejudice the coverage provided to you. However, passenger type "autos", the deductible shall this provision does not affect our right to collect be $250 for Comprehensive Coverage and additional premium or exercise our right of $500 for Collision Coverage. No deductible cancellation or nonrenewal. will apply to"loss"caused by fire or lightning. U. LIBERALIZATION 6. Additional Definition If we revise this endorsement to provide greater As used in this DRIVE OTHER CAR coverage without additional premium charge, we Provision: will automatically provide the additional coverage to all endorsement holders as of the day the "Family member" means a person related to revision is effective in your state. the individual named in 1.a. by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Section IV-Business Auto Conditions: Your obligation to provide prompt notice of an "accident", claim,"suit' or"loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an"accident",claim, "suit" or"loss" and provides us such notice as soon as practicable S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Section IV-Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: 1. Such written contractor agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and CL CA 0149 07 21 Includes copyrighted material of Insurance Services Page 5 of 5 Office, Inc., with its permission POLICY NUMBER: LA22CGLZO69CHIC COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract ❑r agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Rage 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: LA22CGLZO69CHIC COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office,Inc., 2012 Page 1 of 1 POLICY NUMBER: LA22CGLZO69CHIC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY NPC 711 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AGGREGATE LIMIT PER PROJECT WITH AN OVERALL GENERAL AGGREGATE CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects:All Projects Overall General Aggregate Cap: $10,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally a. Insureds; obligated to pay as damages caused by "occur- b. Claims made or"suits" brought; or rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents c. Persons or organizations making claims or under COVERAGE C (SECTION 1), which can be bringing "suits". attributed only to ongoing operations at a single 3. Any payments made under COVERAGE A for designated construction project shown in the damages or under COVERAGE C for medical Schedule above: expenses shall reduce the Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- that designated construction project. Such ignated construction project, and that limit is payments shall not reduce the General Ag- equal to the amount of the General Aggregate gregate Limit shown in the Declarations nor Limit shown in the Declarations. Subject to shall they reduce any other Designated Con- the application of the General Aggregate Limit struction Project General Aggregate Limit for to each of your projects, the maximum any other designated construction project amount we will pay under the General Aggre- shown in the Schedule above. gate Limit for all claims arising from all 4. The limits shown in the Declarations for Each projects is the Overall General Aggregate Cap Occurrence, Fire Damage and Medical Ex- shown in the Schedule above. pense continue to apply. However, instead of 2. The Designated Construction Project General being subject to the General Aggregate Limit Aggregate Limit is the most we will pay for the shown in the Declarations, such limits will be sum of all damages under COVERAGE A, subject to the applicable Designated Con- except damages because of "bodily injury" or struction Project General Aggregate Limit. "property damage" included in the "products- completed operations hazard", and for medi- cal expenses under COVERAGE C regard- less of the number of: NPC 711 08 11 Page 1 of 2 B. For all sums which the insured becomes legally D. If the applicable designated construction project obligated to pay as damages caused by `occur- has been abandoned, delayed, or abandoned rences" under COVERAGE A (SECTION 1), and and then restarted, or if the authorized contract- for all medical expenses caused by accidents ing parties deviate from plans, blueprints, de- under COVERAGE C (SECTION 1), which cannot signs, specifications or timetables, the project will be attributed only to ongoing operations at a sin- still be deemed to be the same construction gle designated construction project shown in the project. Schedule above: E. The provisions of Limits Of Insurance (SECTION 1. Any payments made under COVERAGE A for III) not otherwise modified by this endorsement damages or under COVERAGE C for medical shall continue to apply as stipulated. expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Construction Project General Aggregate Limit. Page 2 of 2 NPC 711 08 11 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Signature: M44 M001-e Signature: Will Moore(Sep 5,2023 15:21 PDT) Email: wmoore@kentwa.gov Email: rlashley@kentwa.gov Signature: BYlAh LB✓B�1�AG�8Vl Brian Levenhagen(Sep 12,2023 1 00 PDT) Email: bjlevenhagen@kentwa.gov FAC-090523-Smith Fire-Monitoring Services Final Audit Report 2023-09-13 Created: 2023-09-05 By: Leah Bryant(Ibryant@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAMmf2Oxagnl2nOJGEKdy7r8-g3izyXxFd "FAC-090523-Smith Fire-Monitoring Services" History Document created by Leah Bryant(Ibryant@kentwa.gov) 2023-09-05-6:16:41 PM GMT Document emailed to wmoore@kentwa.gov for signature 2023-09-05-6:19:30 PM GMT s Email viewed by wmoore@kentwa.gov 2023-09-05-10:20:11 PM GMT Signer wmoore@kentwa.gov entered name at signing as Will Moore 2023-09-05-10:21:09 PM GMT �} Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date:2023-09-05-10:21:11 PM GMT-Time Source:server Document emailed to jgooding@smithfire.com for signature 2023-09-05-10:21:13 PM GMT Email viewed by jgooding@smithfire.com 2023-09-12-4:59:17 PM GMT o Signer jgooding@smithfire.com entered name at signing as Josh Gooding 2023-09-12-5:27:16 PM GMT Document e-signed by Josh Gooding (jgooding@smithfire.com) Signature Date:2023-09-12-5:27:18 PM GMT-Time Source:server Document emailed to Ronald Lashley (rlashley@kentwa.gov)for signature 2023-09-12-5:27:20 PM GMT s Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-09-12-7:23:34 PM GMT Powered by r � Adobe T Acrobat Sign Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-09-12-7:25:33 PM GMT-Time Source:server Document emailed to bjlevenhagen@kentwa.gov for signature 2023-09-12-7:25:35 PM GMT s Email viewed by bjlevenhagen@kentwa.gov 2023-09-12-11:58:48 PM GMT Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-09-13-0:00:12 AM GMT Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-09-13-0:00:14 AM GMT-Time Source:server Agreement completed. 2023-09-13-0:00:14 AM GMT Powered by r � Adobe T Acrobat Sign