Loading...
HomeMy WebLinkAboutCAG2023-612 - Original - Rainier Youth Choirs - 2024 Community Arts Support Program: "We are One Spring Concert" - 12/11/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir. Assist: • For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover WASHINcroN Sheet forms. Dir/Dep Dir: Originator: Department: Ronda Billerbeck Parks, Recreation & Community Services Date Sent: Date Required: > 12/11/2023 ASAP 0 CL Authorized to Sign: Date of Council Approval: QDirector or Designee N/A Budget Account Number: Grant? Yes WINo 10006222.64190.4311 Budget?W]Yes:No Type: N/A Vendor Name: Category: Rainier Youth Choirs Contract Vendor Number: Sub-Category: = 1882021 Original 0'' Project Name: 2024 CommunityArts Support Program: Rainier Youth Choirsa 1.1. Project Details:Contractor will produce "We Are One — Spring Concert," which will be open 0 = to the public and feature the full age range of Rainier Youth Choir singers. c 40 40 Agreement Amount: $1 500 Basis for Selection of Contractor: Other `Memo to Mayor must be attached Start Date: 1/1/24 Termination Date: 6/1/24 Im Q Local Business?F--]YeslzNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: FTesONo CAG2023-612 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerks Office: 1 2/1 1/23 ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT W A 5 H I N G T O N CONTRACTOR SERVICES AGREEMENT between the City of Kent (Community Arts Support Grant Program) and Rainier Youth Choirs THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Rainier Youth Choirs organized under the laws of the State of Washington, located and doing business at P.O. Box 9222, Covington, WA 98042 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will produce "We Are One—Spring Concert,"which will be open to the public and feature the full age range of Rainier Youth Choir singers. Day, Date, Year: May 2024 (public performance—exact date TBD) Event Location: Location TBD Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. COMPENSATION. The City shall pay Contractor the total sum of$1,500 (as part of the Community Arts Support Grant Program) for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than eight (8) weeks prior to the initial event date. All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent Arts Commission for its support of the event or project. Promotional credit must be clear and prominent. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor 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. V. EVALUATION. The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. VII. INDEMNIFICATION. Contractor 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. CONTRACTOR SERVICES AGREEMENT- I (Community Arts Funding Projects) VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor 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. XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor's failure to comply with the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days written notice to Contractor. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 Contractor. 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. CONTRACTOR SERVICES AGREEMENT-2 (Community Arts Funding Projects) H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: rcArNt�pu4n� r Loni l*aoi By: Karen Fulmer(Dec 11,202316:38 PST) By: Lori Hogan(Dec tf,202316:18 PST) Print Name: Karen Fulmer Print Name: Lori Hogan Its: Executive Director Its: Recreation and Cultural Services Supt DATE: 12/11/2023 DATE: 12/11/2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Karen Fulmer Ronda Billerbeck, Cultural Programs Manager Rainier Youth Choir City of Kent P.O. Box 9222 220 Fourth Avenue South Covington, WA 98042 Kent, WA 98032 253-927-6814 (telephone) (253) 856-5055 (telephone) execdir('Orainieryouthchoirs.org (email) rbillerbeck@kentwa.g_ov (email) ATTEST: eti� ILA Kent City Clerk CONTRACTOR SERVICES AGREEMENT-3 (Community Arts Funding Projects) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 0 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination EEO COMPLIANCE DOCUMENTS - 3 of 5 includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. Karen Fulmer(Dec 11,2023 16:38 PST) By: Rainier Youth Choirs For: Executive Director Title: Date: 12/11/2023 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS 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. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for 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 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. 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. 4. 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. RAINYOU-01 CDESK1 ,4coR0 CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 12/8/2023 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 Bailie Grahn NAME: Pilkey,Hopping&Ekberg,Inc PHONE FAX 2102 N Pearl St,Ste 102 (A/C,No,Ext): (253)284-7954 (A/C,No): Tacoma,WA 98406 ADDRESS:bgrahn@pheinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Western National Mut Ins Co 15377 INSURED INSURER B: Rainier Youth Choirs Karen Fulmer INSURER C PO BOX 9222 INSURER D: Covington,WA 98042 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP 1271999 9/5/2023 9/5/2024 DAMAGE TO RENTED 100,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- El ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO CPP 1272210 9/5/2023 9/5/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ent $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION PER X OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN CPP 1271999 9/5/2023 9/5/2024 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 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) The City of Kent is named as additional insured per policy forms and conditions attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave S. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG MU 1078 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY SPECIALTY SOLUTIONS ENHANCEMENT This endorsement modified insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG 00 01) SUMMARY OF COVERAGES Description Limit Of Insurance Abduction $50,000 per Abduction/$50,000 Aggregate/$1,000 deductible Additional Insured — Broad Form Vendors Included Additional Insured — Lessor Of Leased Equipment Included Additional Insured — Managers Or Lessors Of Premises Included Additional Insured — State Or Political Subdivisions — Permits Included Additional Insureds By Written Contract Included Broad Form Property Damage $25,000 Per Occurrence Broad Knowledge/Notice Of Occurrence Included Damage To Premises Rented To You $300,000 Any One Premises Designated Location(s) — General Aggregate Limit Included Employee Bodily Injury To A Co-Employee Included Insured Contract Amended Included Medical And Dental Payments $10,000 Medical Expense Limit Mobile Equipment Included Non-Owned Watercraft 51 Feet Occupational License Review Expense $2,500 Per Review/$5,000 Aggregate Property Damage Liability — Borrowed Equipment $25,000 Occurrence/$50,000 Aggregate Property Damage Liability — Elevator And Sidetrack Agreement Included Supplementary Payments Increased Limits Bail Bonds $2,500 Loss Of Earnings Per Day $1,000 Unintentional Failure To Disclose Hazards Included Waiver Of Transfer Of Rights Of Recovery Against Others To Us Included CG MU 1078 06 22 Page 1 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The terms and conditions of this policy are amended as indicated below: I. Non-Owned Watercraft SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, Exclusion 2.g.(2) is revised as follows: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your expressed or implied consent, either uses or is re- sponsible for the use of the watercraft. This provision does not apply if the insured has any other insurance for "bodily injury" or "property damage" liability that would also be covered under this provision, whether the other insurance is pri- mary, excess, contingent or on any other basis. In that case, this provision does not provide any insur- ance. II. Damage To Premises Rented To You Under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE, the last paragraph of 2. is deleted and replaced with the following: Exclusions c. through n. do not apply to "Property Damage" to the premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage which is the greater of: 1. The Damage To Premises Rented To You Limit for Each Occurrence shown in the Declarations; or 2. $300,000 Under Section III — LIMITS OF INSURANCE, paragraph 6. does not apply. III. Supplementary Payments SECTION I — COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGES A & B, are revised as fol- lows: 1. In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. 2. In paragraph 4., the limit of $250 for daily loss of earnings is increased to $1,000. IV. Medical And Dental Payments Under SECTION I — COVERAGES, COVERAGE C. MEDICAL PAYMENTS, if COVERAGE C. MEDICAL PAYMENTS, is not otherwise excluded from this Coverage Part: 1. The Medical Payments Limit is changed to the greater of: a. $10,000; or b. The Medical Expenses Limit shown in the Declarations of this Coverage Part. 2. The provision, in C.1.a.(2) that the expenses must be incurred and reported to us within one year of the date of the accident, is increased to three years. V. Broad Form Property Damage Under SECTION I — COVERAGE A, Exclusion 2.j. is amended as follows: 1. Paragraph (3) does not apply. 2. Paragraphs (4) and (6) do not apply to customer's property at your described premises. We do not cover any property: 1. Subject to motor vehicle registration; or 2. While being used to perform construction operations. Our limit for any one "occurrence" under this coverage provision is $25,000. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. CG MU 1078 06 22 Page 2 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. VI. Occupational License Review Expense The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the per review and annual aggregate limits of insurance stated in this endorsement, we agree to pay the "insured" for reasonable and necessary covered expenses, as listed below, incurred and paid by the "insured" as a direct result of a "occupational license review", conducted by a gov- ernmental bureau, board, commission or department, occurring during the policy period and in the "coverage territory". a. Covered Expenses include: (1) Fees and expenses of any licensed independent investigative services or legal counsel, hired by the "insured" for the purpose of assisting or representing the "insured" at the "occupa- tional license review"; and (2) Costs of travel, accommodations, and meals incurred by the "insured" in order to appear be- fore the governmental bureau, board, commission or department. b. Exclusions This coverage will not pay for: (1) Hearing fees; or (2) Fines, judgments, lawsuits, or settlement amounts as the result of or in conjunction with the "occupational license review"; or (3) Expense(s) directly or indirectly caused or resulting from the fraudulent, dishonest, or crimi- nal acts of the "insured", any director or officer of the "insured", or agents thereof, whether acting alone or in collusion with others; or (4) Lost salary or wages claimed by or for any "insured" while preparing for or attending the "occupational license review". 2. For the purposes of the coverage provided by this provision, SECTION III — LIMITS OF INSURANCE is amended as follows: With respect to this endorsement only, the following apply: a. The per review limit of insurance shown in this endorsement is the most we will pay per review, regardless of the number of "insureds" reviewed or subject to the "occupational license review". b. The annual aggregate limit of insurance shown in this endorsement is the most we will pay for all covered expenses for each policy period. c. In the event that the "occupational license review" continues over more than one policy period, the expenses shall be limited to the annual aggregate applicable to the policy period when the li- cense review began. d. In no event will any expense claimed for an "occupational license review" be recoverable as ex- pense for another "occupational license review". e. The limits of insurance stated in this endorsement are not part of and are in addition to, the Li- ability Limits of Insurance shown in the Declarations for this policy. 3. For the purposes of the coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: a. In the event of a "occupational license review" during the policy period, the "insured" will: (1) Make every reasonable effort to give us immediate written notice and timely updates concur- rent with activity regarding the "occupational license review"; (2) Provide us with the official report of the "occupational license review"; and (3) Provide us with documentation, including receipts, for expenses claimed under this cover- age. b. The insurance under this endorsement will be excess over any other valid insurance or bond. CG MU 1078 06 22 Page 3 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. For the purposes of the coverage provided by this provision, the following are added under SEC- TION V — DEFINITIONS: a. "Insured" as used in this endorsement means an employee of the Named Insured shown in the Declarations, but does not include leased or temporary workers or volunteers. "Insured" does not include the Named Insured, unless the Named Insured is an individual person operating as a sole proprietorship, or any other business, whether corporation, partnership, limited liability company or other organization. "Insured" only includes natural persons. b. "Occupational license review" means a formal or informal proceeding conducted by a govern- mental bureau, board, commission or department charged with regulating the "insured's" occu- pational license and involving the review, modification, denial, suspension, or nonrenewal of the "insured's" occupational license or involving disciplinary action against the "insured", in- cluding proceedings to impose a forfeiture or penalty; but "occupational license review" does not include a proceeding concerning any criminal or civil charge brought against the "insured". VII. Abduction The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Insuring Agreement Subject to the limits, aggregate and deductible as stated in this endorsement, we agree to pay the insured for reasonable and necessary Covered Expenses, as listed below, incurred and paid by the insured or "Guardian(s)" as a direct result of an "abduction" occurring during the policy period and in the "coverage Territory", provided that such "abduction" is otherwise the subject of this en- dorsement hereunder. Payment of such Covered Expenses may continue until the earliest of the fol- lowing unless otherwise stated: a. Up to fourteen (14) days after the recovery of the "Covered Individuals)"; or b. Discovery of the death of the "Covered Individual(s)"; or c. Twelve (12) months after the date of the "abduction". Covered Expenses include the following incurred expenses: a. Fees and expenses of any independent investigative services, provided that we have given prior consent to the use of such independent investigative services; and b. Reward to an "Informant" for information leading to the recovery of the "Covered Individual(s)" and the arrest and conviction of the party(ies) responsible for the "abduction"; and c. Fees and expenses of independent forensic analysts engaged by the insured or "Guardian(s)" with prior authorization from us; and d. Fees and expenses of public relations consultants to assist in the location of the "Covered Indi- vidual(s)"; and e. Publicity costs incurred solely and directly to assist in the resolution of an "abduction"; and f. Costs of travel and accommodations incurred by the insured or "Guardian(s) while attempting to resolve an "abduction"; and g. Rest and rehabilitation expenses including travel, lodging and meals of the "Covered Individual(s)" and "Guardian(s)" incurred by the "Guardian(s)" and paid by the insured following resolution of the loss covered hereunder. The total amount under this provision shall not ex- ceed $10,000 for any single loss; and h. Lost salary of "Guardian(s)", which is the amount of compensation paid at an annual rate in- cluding the average bonuses and commissions, that the "Guardian(s)" would normally have earned; and i. Fees for psychological or psychiatric counseling for the benefit of "Guardian(s)", or siblings of the "Covered Individual(s)" beginning on the date of recovery of the "Covered Individual(s) until the earliest of the following: (1) Up to three (3) months after the recovery or discovery of the death of the "Covered Individ- ual(s)"; or (2) Twelve (12) months after the date of the "abduction"; and CG MU 1078 06 22 Page 4 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. j. Fees for psychological or psychiatric counseling for the benefit of "Covered Individuals►" begin- ning on the date of recovery of the "Covered Individual(s)"" and continuing up to twelve (12) months thereafter; and Ic. Medical services and hospitalization costs incurred for the "Covered Individual(s)"" as a result of the "abduction" beginning on the date of recovery of the "Covered Individuals)" and continuing up to twelve 112) months thereafter; and I. Funeral and burial expenses of "Covered Individual(s)"" resulting from an "abduction". 2. Exclusions We will not pay any expense(s) directly or indirectly caused or resulting from: a. The fraudulent, dishonest, or criminal acts of any "Insured", any director or officer of the "In- sured", parents or "Guardian(s)" or agents thereof, whether acting alone or in collusion with others; or b. Any legal liability or costs of defense for administrative, regulatory, judicial or other claims hear- ings or lawsuits arising out of the "abduction"; or c. Payment of any "ransom" or demand for money. For the purposes of the abduction coverage provided by this provision, SECTION III — LIMITS OF IN- SURANCE is amended as follows: 1. The Limits of Insurance shown on this Endorsement and the rules below fix the most that we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bring "suits". 2. The Aggregate Limit shown on this Endorsement is the most we will pay for all Covered Expenses for each policy period. All expenses arising from an act or series of related acts involving one or more persons or an act er- ror or event or a series of related acts, errors or events shall be treated as arising out of one "ab- duction". However we will not pay for any loss resulting from an "abduction" which is part of a ser- ies of related acts that began prior to the effective date of this insurance. 3. In no event will any expense claimed, incurred or paid under one "abduction" be recoverable under another "abduction". 4. The "abduction" limit is included as part of the Limits of Insurance under the Liability and Medical Expenses Aggregate Limit. 5. We will not pay for loss in any one "abduction" until the amount of loss exceeds the deductible shown on this Endorsement. We will than pay the amount of loss in excess of the deductible up to the applicable Limit of Insurance as shown in this Endorsement. The deductible will not reduce the Limit of Insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SEC- TION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 1. In the event of an "abduction" during the Policy Period, the "Insured" will make every reasonable effort to: (a) Determine that the "abduction" has actually occurred prior to incurring costs; and (b) Give immediate oral and written notice to us with periodic and timely updates concurrent with activ- ity occurring during the incident; and (c) Immediately notify local, national or other appropriate law enforcement agency having jurisdiction over the matter. 2. Confidentiality The "Insured" will use all reasonable efforts not to disclose the existence of this Endorsement. 3. Other Insurance The insurance under this Endorsement will be excess over any other valid insurance. CG MU 1078 06 22 Page 5 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. 5. Due Diligence You and every insured or "guardian" must exercise due diligence in doing all things reasonably practicable to avoid or diminish any loss covered under this insurance. For the purposes of the abduction coverage provided by this provision, the following are added under SECTION V — DEFINITIONS: 1. "Abduction" means the wrongful and illegal seizure of a "Covered Individual(s)", by someone oth- er than a "Guardian(s)" or an agent thereof, from the "premises" of the insured or on any other premises while such "Covered Individual(s)" are under the control of the insured occurring during the policy period. "Abduction" as used in this endorsement does not include the actions of any of- ficial acting within their lawful authority. 2. "Covered Individual(s)" means individual(s) under the care, custody and control of the insured. 3. "Informant" means any person, other than a "Covered Individual", providing information not other- wise obtainable solely in return for a reward offered by the insured. 4. "Guardian(s)" means the natural and legal Parent(s) or legal and appointed Guardian, step-Parent(s) or foster Parent(s) of a "Covered Individual(s)" regardless of who has legal custody. 5. "Premises" means any place the insured conducts business. 6. "Ransom" means a consideration paid or demanded for the release of a "Covered Individual(s)" from captivity. Vill. Property Damage Liability — Elevators And Sidetrack Agreements The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Exclusions j. (3), (4) and (6) do not apply to the use of elevators. 2. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement. The insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to the insured, and SECTION IV — COMMERCIAL GENER- AL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. IX. Designated Location(s)-General Aggregate Limit The following is added under SECTION I — COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single designated "loca- tion" shown in the Declarations: a. A separate Designated Location General Aggregate Limit applies to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or property dam- age" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". CG MU 1078 06 22 Page 6 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. c. Any payments made under COVERAGE A, for damages or under COVERAGE C for medical ex- penses shall reduce the Designated Location General Aggregate Limit for that designated "loca- tion". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other des- ignated "location" also shown in the Declarations. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Ag- gregate Limit. 2. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which cannot be attributed only to operations at a single designated "lo- cation" shown in the Declarations: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical ex- penses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Designated Location Aggregate Limit. 3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "prod- ucts-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. 4. The following is added under SECTION V — DEFINITIONS "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 5. The provisions of LIMITS OF INSURANCE (SECTION 111) not otherwise modified by this coverage shall continue to apply as stipulated. X. Property Damage Liability — Borrowed Equipment The following is added to Exclusion j. under Coverage A. (Section 1): Paragraph (4) of this exclusion does not apply to equipment which you borrow unless the "property damage" occurs while such equipment is being used by an insured at a job site. Subject to all of the terms of SECTION III — LIMITS OF INSURANCE, the maximum limit in any one oc- currence is $25,000 and an annual aggregate of $50,000. This insurance afforded by reason of this provision is excess over any valid and collectible property in- surance (including any deductible) available to you, and SECTION IV — COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 4. Other Insurance is changed accordingly. XI. Additional Insureds By Written Contract A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization that you are required to add as an additional insured to this policy by a written contract or written agreement that is: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury". B. The insurance provided to the additional insured applies as follows: 1. That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from: (a) Premises you own, rent, lease, or occupy or (b) Your ongoing operations performed for the additional insured at the job indicated by written contract or agreement. 2. The limits of insurance applicable to the additional insured are those specified in the written con- tract or agreement or in the Declarations of this policy whichever is less. These limits of insur- ance are inclusive of and not in addition to the limits shown in the Declarations. CG MU 1078 06 22 Page 7 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. With respect to the insurance afforded these additional insureds, the following additional insured exclusion applies: 1. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" arising out of the render- ing of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings, designs or specifications; or (b) Supervisory, inspection, architectural or engineering activities. 2. The insurance afforded the additional insured does not apply to: (a) "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on the behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than the contractor or subcontrac- tor engaged in performing operations for a principal as part of the same project. XII. Additional Insured — State or Political Subdivisions — Permits The following is added to SECTION II — WHO IS AN INSURED: 1. Any state or political subdivision which has issued a permit to you, subject to the following provi- sions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state, governmental agency or political subdivision has issued a permit or authoriza- tion. b. This insurance does not apply to: (1) "Bodily injury", "property damage", "personal and advertising injury" arising out of opera- tions performed for the federal government, state or municipality; or (2) "Bodily injury' or "property damage" included within the "products-completed operations hazard". XIII. Additional Insured — Managers Or Lessors of Premises The following is added to SECTION II - WHO IS AN INSURED: 1. Any manager or lessor of premises shown in the Declarations is also an insured, but only with re- spect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: The following exclusions are added: 1. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of any manager or lessor of premises shown in the Declarations. XIV. Additional Insured — Lessor of Leased Equipment The following is added to SECTION II - WHO IS AN INSURED: 1. The person(s) or organization(s) who leases equipment to you for use in your business is also an in- sured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury" caused, in whole or in part, by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury"or"property damage"arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; CG MU 1078 06 22 Page 8 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employ- ees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with re- spect to the maintenance, use or operation of the equipment. XV. Additional Insured — Broad Form Vendors The following is added to SECTION II - WHO IS AN INSURED: 1. Any person(s) or organization(s) (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance is also an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distrib- uted or sold in the regular course of a vendor's business, subject to the following additional exclu- sions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection; demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then re- packaged in the original container; (5) Any failure to make such inspections, adjustments, tests, or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations per- formed at the vendor's premises in connection with the sale of the product. (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-Paragraphs (4) or (6); or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have ac- quired such products, or any ingredient, part or container, entering into, accompanying or con- taining such products. c. This provision does not apply to any vendor included as an insured by an endorsement issued by us and made part of the Coverage Part. d. This provision does not apply if "bodily injury" or "property damage" included within the "products-complete hazards" is excluded either by the provisions of the Coverage Part or by endorsement. XVI. Employee Bodily Injury To A Co-Employee SECTION II- WHO IS AN INSURED paragraph 2.a.(1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "per- sonal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; CG MU 1078 06 22 Page 9 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co-"employee" or other "volunteer worker" arising out of and in the course of the co-"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other "volunteer worker", is brought against you or a co-"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. XVII. Broad Knowledge/Notice Of Occurrence The following is added under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirement in condition 2.a. that you must see to it that we are notified of an "occurrence" or offense applies only when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. The requirement in condition 2.b. that you must see to it that we receive notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An "Executive Officer" or insurance manager, if you are a corporation; or 5. A member, if you are a limited liability company. If you report an accident to your Workers' Compensation insurance carrier which later develops into a liability occurrence, coverage for which is provided by this policy, failure to report such occurrence to us at the time of the accident shall not be a violation of the notification of loss condition in this policy (Condition 2. in Section IV). It is understood and agreed, however, that you shall give notification of such occurrence to us as soon as you are made aware of the fact that the particular accident has de- veloped into a liability claim. XVIII.Unintentional Failure To Disclose Hazards Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 6. Representations is replaced by the following: By accepting this policy, you agree; 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations; If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. CG MU 1078 06 22 Page 10 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. XIX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the paragraph 8. Transfer of Rights of Recovery Against Others To Us condition is amended by the addition of the following: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and include in the "products — completed operations hazard" when you have waived such right of recovery under a written contract with that person or organiza- tion. Such written contract must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury", "property damage", "personal and advertising injury"; or 3. Executed after "bodily injury", "property damage", "personal and advertising injury" if: a. The terms and conditions of the written contract or written agreement had been agreed upon prior to the "bodily injury", "property damage", "personal and advertising injury"; and b. The insured can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon pri- or to the "bodily injury", "property damage", "personal and advertising injury". XX. Insured Contract SECTION V — DEFINITIONS, "Insured Contract" paragraph 9.a. is replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". XXI. Mobile Equipment The following is added under SECTION V — DEFINITIONS, 12. "Mobile Equipment": Paragraph f.(1) does not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight. CG MU 1078 06 22 Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: CPP 1271999 01 COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1, 000, 000 Each Accident Bodily Injury By Disease $ 1, 000, 000 Aggregate Limit Bodily Injury By Disease $ 1, 000, 000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The following is added to Section I - Cover- b. This insurance applies to "bodily injury ages: by accident" or "bodily injury by dis- COVERAGE - STOP GAP - EMPLOYERS LIABIL- ease" only if: ITY (1) The: 1. Insuring Agreement (a) "Bodily injury by accident" or a. We will pay those sums that the in- "bodily injury by disease" takes sured becomes legally obligated by place in the "coverage terri- Washington Law to pay as damages tory"; because of "bodily injury by accident" (b) "Bodily injury by accident" or or "bodily injury by disease" to your "bodily injury by disease" arises "employee" to which this insurance ap- out of and in the course of the plies. We will have the right and duty injured "employee's" employ- to defend the insured against any "suit" ment by you; and seeking those damages. However, we (c) "Employee", at the time of the will have no duty to defend the insured injury, was covered under a against any "suit" seeking damages to worker's compensation policy which this insurance does not apply. and subject to a "workers com- We may, at our discretion, investigate any accident and settle any claim or pensation law" of Washington; and "suit" that may result. But: 12► The: (1) The amount we will pay for dam- ages is limited as described in Sec- (a) "Bodily injury by accident" is tion III - Limits Of Insurance; and caused by an accident that oc- (2) Our right and duty to defend end curs during the policy period; or when we have used up the appli- (b) "Bodily injury by disease" is cable limit of insurance in the pay- caused by or aggravated by ment of judgments or settlements conditions of employment by under this coverage. you and the injured "employ- No other obligation or liability to pay ee's" last day of last exposure to the conditions causing or ag- sums or perform acts or services is gravating such "bodily injury by covered unless explicitly provided for disease" occurs during the poli- cy period. CG 04 42 11 03 Copyright, ISO Properties, Inc., 2003 Page 1 of 4 c. The damages we will pay, where recov e. Violation Of Law ery is permitted by law, include dam- "Bodily injury by accident" or "bodily ages: injury by disease" suffered or caused (1) For: by any employee while employed in vi- a) Which you are liable to a third olation of law with your actual knowl- party by reason of a claim or edge or the actual knowledge of any of "suit" against you by that third your "executive officers". party to recover the damages f. Termination, Coercion Or Discrimination claimed against such third party Damages arising out of coercion, criti- as a result of injury to your cism, demotion, evaluation, reassign- "employee"; ment, discipline, defamation, harass- (b) Care and loss of services; and ment, humiliation, discrimination (c) Consequential "bodily injury by against or termination of any "employ- accident" or "bodily injury by ee", or arising out of other employment disease" to a spouse, child, par- or personnel decisions concerning the ent, brother or sister of the in- insured. jured "employee"; g. Failure To Comply With "Workers Com- provided that these damages are pensation Law" the direct consequence of "bodily "Bodily injury by accident" or "bodily injury by accident" or "bodily injury injury by disease" to an "employee" by disease" that arises out of and when you are: in the course of the injured "em- (1) Deprived of common law defenses; ployee's" employment by you; and or (2) Because of "bodily injury by acci- (2) Otherwise subject to penalty; dent" or "bodily injury by disease" to your "employee" that arises out because of your failure to secure your of and in the course of employ- obligations or other failure to comply ment, claimed against you in a with any "workers compensation law". capacity other than as employer. h. Violation Of Age Laws Or Employment 2. Exclusions Of Minors This insurance does not apply to: "Bodily injury by accident" or "bodily a. Intentional Injury injury by disease" suffered or caused by any person: "Bodily injury by accident" or "bodily (1) Knowingly employed by you in vio- injury by disease" intentionally caused lation of any law as to age; or or aggravated by you, or "bodily injury by accident" or "bodily injury by dis- (2) Under the age of 14 years, regard- ease" resulting from an act which is less of any such law. determined to have been committed by i. Federal Laws you if it was reasonable to believe that Any premium, assessment, penalty, an injury is substantially certain to oc- fine, benefit, liability or other obligation cur. imposed by or granted pursuant to: b. Fines Or Penalties 111 The Federal Employer's Liability Act Any assessment, penalty, or fine levied (45 USC Section 51-60); by any regulatory inspection agency or authority. 121 The Non-appropriated Fund Instru- mentalities Act (5 USC Sections c. Statutory Obligations 8171-8173); Any obligation of the insured under a (3) The Longshore and Harbor Work- workers' compensation, disability bene- ers' Compensation Act (33 USC fits or unemployment compensation Sections 910-950); law or any similar law. (4) The Outer Continental Shelf Lands d. Contractual Liability Act (43 USC Section 1331-1356); Liability assumed by you under any (5) The Defense Base Act (42 USC contract or agreement. Sections 1651-1654); Page 2 of 4 Copyright, ISO Properties, Inc., 2003 CG 04 42 11 03 (6) The Federal Coal Mine Health and D. For the purposes of this endorsement, Section Safety Act of 1969 (30 USC Sec- III - Limits Of Insurance, is replaced by the fol- tions 901-942); lowing: (7) The Migrant and Seasonal Agricul- 1. The Limits of Insurance shown in the tural Worker Protection Act (29 Schedule of this endorsement and the rules USC Sections 1801-1872); below fix the most we will pay regardless (8) Any other workers compensation, of the number of: unemployment compensation or a. Insureds; disability laws or any similar law; or b. Claims made or "suits" brought; or (9) Any subsequent amendments to c. Persons or organizations making claims the laws listed above. or bringing "suits". j. Punitive Damages 2. The "Bodily Injury By Accident" - Each Ac- Multiple, exemplary or punitive dam- cident Limit shown in the Schedule of this ages. endorsement is the most we will pay for all k. Crew Members damages covered by this insurance be- cause of "bodily injury by accident" to one "Bodily injury by accident" or "bodily or more "employees" in any one accident. injury by disease" to a master or mem- ber of the crew of any vessel or any 3. The "Bodily Injury By Disease" - Aggregate member of the flying crew of an air- Limit shown in the Schedule of this en- craft. dorsement is the most we will pay for all damages covered by this insurance and B. The Supplementary Payments provisions apply arising out of "bodily injury by disease", re- to Coverage - Stop Gap Employers Liability as gardless of the number of "employees" well as to Coverages A and B. who sustain "bodily injury by disease". C. For the purposes of this endorsement, Section 4. Subject to Paragraph D.3. of this endorse- II - Who Is An Insured, is replaced by the fol- ment, the "Bodily Injury By Disease" - Each lowing: "Employee" Limit shown in the Schedule of If you are designated in the Declarations as: this endorsement is the most we will pay 1. An individual, you and your spouse are in- for all damages because of "bodily injury sureds, but only with respect to the con- by disease" to any one "employee". duct of a business of which you are the The limits of the coverage apply separately to sole owner. each consecutive annual period and to any re- 2. A partnership or joint venture, you are an maining period of less than 12 months, starting insured. Your members, your partners, and with the beginning of the policy period shown their spouses are also insureds, but only in the Declarations, unless the policy period is with respect to the conduct of your busi- extended after issuance for an additional period of less than 12 months. In that case, the addi- ness. tional period will be deemed part of the last 3. A limited liability company, you are an in- preceding period for purposes of determining sured. Your members are also insureds, but the Limits of Insurance. only with respect to the conduct of your E. For the purposes of this endorsement, Con- business. Your managers are insureds, but dition 2. - Duties In The Event Of Occurrence, only with respect to their duties as your Claim Or Suit of the Conditions Section IV is managers. deleted and replaced by the following: 4. An organization other than a partnership, joint venture or limited liability company, 2. Duties In The Event Of Injury, Claim Or Suit you are an insured. Your "executive of- a. You must see to it that we or our agent ficers" and directors are insureds, but only are notified as soon as practicable of a with respect to their duties as your officers "bodily injury by accident" or "bodily or directors. Your stockholders are also in- injury by disease" which may result in a sureds, but only with respect to their lia- claim. To the extent possible, notice bility as stockholders. should include: No person or organization is an insured (1) How, when and where the "bodily with respect to the conduct of any current injury by accident" or "bodily injury or past partnership, joint venture or limited by disease" took place; liability company that is not shown as a (2) The names and addresses of any in- Named Insured in the Declarations. jured persons and witnesses; and CG 04 42 11 03 Copyright, ISO Properties, Inc., 2003 Page 3 of 4 (3) The nature and location of any in- 4. "Coverage territory" means: jury. a. The United States of America (including b. If a claim is made or "suit" is brought its territories and possessions), Puerto against any insured, you must: Rico and Canada; (1) Immediately record the specifics of b. International waters or airspace, but the claim or "suit" and the date re- only if the injury or damage occurs in ceived; and the course of travel or transportation (2) Notify us as soon as practicable. between any places included in a. You must see to it that we receive writ- above; or ten notice of the claim or "suit" as c. All other parts of the world if the injury soon as practicable. or damage arises out of the activities of a person whose home is in the territory c. You and any other involved insured described in a. above, but who is away must: for a short time on your business; (1) Immediately send us copies of any provided the insured's responsibility to pay demands, notices, summonses or damages is determined in the United States legal papers received in connection (including its territories and possessions), with the injury, claim, proceeding Puerto Rico, or Canada, in a suit on the or "suit"; merits according to the substantive law in (2) Authorize us to obtain records and such territory, or in a settlement we agree other information; to. (3) Cooperate with us and assist us, as G. The following are added to the Definitions Sec- we may request, in the investiga- tion: tion or settlement of the claim or 1. "Workers Compensation Law" means the defense against the "suit"; Workers Compensation Law and any Occu- (4) Assist us, upon our request, in the pational Disease Law of Washington. This enforcement of any right against does not include provisions of any law pro- any person or organization which viding non-occupational disability benefits. may be liable to the insured be- 2. "Bodily injury by accident" means bodily in- cause of injury to which this insur- jury, sickness or disease sustained by a ance may also apply; and person, including death, resulting from an (5) Do nothing after an injury occurs accident. A disease is not "bodily injury by that would interfere with our right accident" unless it results directly from to recover from others. "bodily injury by accident". d. No insured will, except at that insured's 3. "Bodily injury by disease" means a disease own cost, voluntarily make a payment, sustained by a person, including death. assume any obligation, or incur any ex- "Bodily injury by disease" does not include pense, other than for first aid, without a disease that results directly from an acci- our consent. dent. F. For the purposes of this endorsement, Para- H. For the purposes of this endorsement, the defi- graph 4. of the Definitions Section is replaced nition of "bodily injury" does not apply. by the following: Page 4 of 4 Copyright, ISO Properties, Inc., 2003 CG 04 42 11 03 Signature• M0li55a MGCo�'�YIIGK Melissa McCormick(Dec 13,202308:09 PST) Email: cityclerk@kentwa.gov REC- 121123-RainierYouthChoirs-CASP Final Audit Report 2023-12-13 Created: 2023-12-11 By: Ronda D Billerbeck(rbillerbeck@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAIX8CrFBGd8ohw12fu13gyxLxaF7V93BT "REC-121123-RainierYouthChoirs-CASP" History Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov) 2023-12-11 -8:07:27 PM GMT-IP address: 146.129.252.126 Document emailed to Ihogan@kentwa.gov for signature 2023-12-11 -8:10:39 PM GMT Email viewed by Ihogan@kentwa.gov 2023-12-12-0:16:58 AM GMT-IP address: 104.47.65.254 do Signer Ihogan@kentwa.gov entered name at signing as Lori Hogan 2023-12-12-0:18:03 AM GMT-IP address: 146.129.252.126 �a Document e-signed by Lori Hogan (Ihogan@kentwa.gov) Signature Date:2023-12-12-0:18:05 AM GMT-Time Source:server-IP address: 146.129.252.126 Document emailed to Karen Fulmer(execdir@rainieryouthchoirs.org) for signature 2023-12-12-0:18:06 AM GMT Email viewed by Karen Fulmer(execdir@rainieryouthchoirs.org) 2023-12-12-0:36:31 AM GMT-IP address:73.157.32.174 f55g Document e-signed by Karen Fulmer(execdir@rainieryouthchoirs.org) Signature Date:2023-12-12-0:38:14 AM GMT-Time Source:server-IP address:73.157.32.174 Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2023-12-12-0:38:16 AM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2023-12-12-0:39:17 AM GMT-IP address:40.94.28.188 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2023-12-12-0:44:57 AM GMT-Time Source:server-IP address: 146.129.252.126 Powered by Adobe ENT Acrobat Sign Document emailed to cityclerk@kentwa.gov for signature 2023-12-12-0:44:59 AM GMT Email viewed by cityclerk@kentwa.gov 2023-12-12-0:45:38 AM GMT-IP address:40.94.29.199 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2023-12-13-4:09:19 PM GMT-IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2023-12-13-4:09:21 PM GMT-Time Source:server-IP address: 146.129.252.126 Agreement completed. 2023-12-13-4:09:21 PM GMT Powered by Adobe �� KENT Acrobat Sign