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HomeMy WebLinkAboutCAG2024-046 - Original - YMCA - Community Immersion Law Enforcement Program - 02/06/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Christy Warren/AC Grove Police Date Sent: Date Required: > 01/31/2024 0 fl. Mayor or Designee to Sign. Date of Council Approval: a Q Interlocal Agreement Uploaded to Website N/A Budget Account Number Grant? Yes No❑ N00122.64190.3110 Budget?W]Yes❑No Type: State Vendor Name: Category: YMCA Contract Vendor Number: Sub-Category: = 916166 Original 0 W Project Name: Community Organization Services Agreement - YMCA 11- Project Details: This is an agreement with the YMCA to partner with them for CILEP (Community Immersion Law Enforcement Program). The City will pay for each recruit going through the program using the CILEP grant ($2500 for a 4-week program; $5000 for an 8-week program). _ Basis for Selection of Contractor: Agreement Varies Direct Negotiation N *Memo to Mayor must be attached °.' Start Date: 2/1/2024 Termination Date: N/A Q Local Business? Yes❑No*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. -Process (KCC 5.01.045) ❑Authorized Signer Verified Business License Verification: ❑✓ Yes❑In Notice required prior to disclosure? Contract Number: ❑YesFv—/]No CAG2024-046 Comments: a� Submitted on behalf of AC Grove 0 �a as 3 N 0 J 3 I= a, oc Date Received:City Attorney: 1/31/24 Date Routed:Mayor's Office 1/31/24 City Clerk's Office 2/6/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and YMCA of Greater Seattle, a 501(c)(3) non-profit organization located at 909 Fourth Avenue Seattle, WA 98104 (hereinafter the "Community Organization"). Services for this agreement will take place at the YMCA of Greater Seattle's Kent Branch located at 10828 SE 248th St, Kent, WA 98083. PURPOSE A. It is vital to effective police work for law enforcement officers to be familiar with the communities in which they serve, and in turn for those communities to be familiar with them. B. The City of Kent Police Department has begun a Community Immersion Training Program for recruits. Prior to attending the Basic Law Enforcement Academy, such recruits will be embedded within a participating community organization, for a period of either 4 or 8 weeks. The recruits will work under the guidance of a mentor, provided by the community organization, and work to learn about the communities which they will serve in and acquire necessary cultural competencies. C. Community Organization was established in 1876 as a non-profit providing community services. Community Organization is interested in participating in the Community Immersion Training Program, by hosting Kent Police Department recruits and providing them with mentorship. AGREEMENT I. OBLIGATIONS OF THE PARTIES. A. With respect to each recruit provided by the City, Community Organization shall perform the following services: 1. Community Organization will identify and provide a mentor, who will be a single point of contact for the City to coordinate with. a. The mentor will work one-on-one with a recruit over the course of either a 4- week or 8-week mentorship, providing guidance and feedback to allow the recruit to successfully integrate with the community. b. For 4-week programs, the mentor will schedule time and meet with the recruit on a weekly basis. For 8-weeks programs, the mentor will schedule time and meet with the recruit on a weekly basis for the first four weeks, and then every other week over the next eight weeks. The mentor will work to facilitate the discussion and discovery benchmarks during these meetings. C. The mentor will provide to the City's Program Coordinator weekly evaluations and report on the recruit's progress and a description of the work performed by the recruit. Reports will be generated via the volunteer management platform Track It Forward. 2. Community Organization will provide the recruit access to its facilities and integrate the recruit into the community service work that the Community Organization provides. COMMUNITY ORGANIZATION SERVICES AGREEMENT - 1 between the City of Kent and YMCA a. Recruit shall not be directed to engage in any activity which may be construed as: political lobbying, proselytization, or which is otherwise prohibited conduct by a government employee or in violation of the City of Kent's policies. b. For 4-week programs, Community Organization will provide Recruit access to service work for 160 hours over 4 weeks. For 8-week programs, Community Organization will provide Recruit access to service work for 320 hours over 8 weeks. Schedules of the mentor and recruit permitting, the recruit shall report to Community Organization at the Kent YMCA, 10828 SE 248t" ST, Kent, WA 98030, or complete their work remotely during normal business hours. C. Community Organization will coordinate with City to ensure recruit's schedule does not exceed the recruit's maximum weekly tour of duty. 3. Community Organization 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. B. The City shall provide: 1. Recruits available for mentorships. 2. A Program Coordinator will be available to coordinate any logistical questions or amicably handle any concerns which may arise over the course of the program. 3. Payments of $2,500 (4-week program) or $5,000 (8-week program) for each recruit who successfully finishes the program. The City shall determine will determine whether a recruit is to go through a 4-week program or an 8-week program prior to that recruit starting the program. 4. Template forms and reports to the Community Organization, for the tracking of the recruit's progress and work. 5. A KPD laptop to be used exclusively for the recruit's work with the Community Organization. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. With respect to each recruit, the Community Organization shall complete the work described in Section I within 4 or 8 weeks of the start of each recruit's mentorship. III. APPLICATION OF ADDITIONAL CONTRACT PROVISIONS. In addition to this Agreement and the Scope of Work, Community Organization shall assist the City in complying with terms of any applicable grant agreements with the State of Washington or other entities. Community Organization shall also comply with the terms and conditions of such grant agreements that wholly or partially fund the work of the Community Organization. IV. APPROVAL REQUIRED. This Agreement may be subject to the prior written approval of the Washington Department of Commerce unless the Washington Department of Commerce determines, in writing, that such approval is not required or waives such approval. V. 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: COMMUNITY ORGANIZATION SERVICES AGREEMENT - 2 between the City of Kent and YMCA A. The Community Organization 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 Community Organization maintains and pays for its own place of business from which Community Organization's services under this Agreement will be performed. C. The Community Organization has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Community Organization's services, or the Community Organization is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Community Organization 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 Community Organization has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Community Organization's business and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Community Organization maintains a set of books dedicated to the expenses and earnings of its business. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Community Organization has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions. VI. WORK PERFORMED AT COMMUNITY ORGANIZATION'S RISK. Community Organization 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. VII. INDEMNIFICATION. Community Organization 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 Community Organization'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 Community Organization'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 COMMUNITY ORGANIZATION'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. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Community Organization 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. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Community Organization's possession pertaining to this project, which may be used by the COMMUNITY ORGANIZATION SERVICES AGREEMENT - 3 between the City of Kent and YMCA City without restriction. If the City's use of the Community Organization's records or data is not related to this project, it shall be without liability or legal exposure to the Community Organization. X. MISCELLANEOUS PROVISIONS. A. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, unlawfully discriminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. B. 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. C. 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. D. 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 VII of this Agreement. E. 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. F. 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. G. 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 Community Organization. H. 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. I. Compliance with Laws. The Community Organization agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable COMMUNITY ORGANIZATION SERVICES AGREEMENT - 4 between the City of Kent and YMCA to Community Organization's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement. This includes, if required by municipal law, Community Organizer agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code prior to commencing the tasks described in Section I. J. Counterparts. 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. 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 the Agreement and prior to the effective date of this Agreement, are hereby ratified and affirmed, and the terms of the Agreement, as previously amended, and this Agreement shall be deemed to have applied. COMMUNITY ORGANIZATION: CITY OF KENT: By: �; "���.O.L BY D— -- (signature) (signature) Print Name: Erwin Vidallon Print Name: Dana Ralph Its SVP/CFO Its: Mayor (title) (title) DATE: 25 Jan-2024 DATE: 02/06/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: YMCA OF GREATER SEATTLE: CITY OF KENT: Erwin Vidallon Asst. Chief Andy Grove SVP/Chief Financial Officer City of Kent 909 Fourth Avenue 220 Fourth Avenue South Seattle, WA 98104 Kent, WA 98032 CFO@seattleymca.org 206-382-5332 (phone) 253-856-5964 (telephone) APPROVED AS TO FORM: :-7 . ✓' rk-ent Law Dep"Piment ATTEST: Mee;. . tw. Kent City Clerk COMMUNITY ORGANIZATION SERVICES AGREEMENT - 5 between the City of Kent and YMCA DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination in Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • Ch.49.60 RCW (Washington Law Against Discrimination). The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. 1 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: 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 COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA 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 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. COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA 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; A. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq); xiii. Washington Law Against Discrimination (Ch.49.60 RCW) 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. By: Erwin Vidallon YMCA of Greater Seattle-Kent YMCA For: Title: SVP/CFO Date: 25 Jan-2024 COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA 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. COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Community Organization ("Consultant") shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If the Agency elects to purchase Claims Made coverage, the Consultant is then obligated to purchase "tail" or Retro coverage for a minimum of 3 years beyond the expiration of such coverage last purchased. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability _insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. COMMUNITY ORGANIZATION SERVICES AGREEMENT between the City of Kent and YMCA Signatures Signed by Erwin Vidallon on 25-Jan-2024 Job Title: SVP/CFO Company: YMCA of Greater Seattle-Kent YMCA eSign Audit Trail File name: Community_Organization_Services_Agreement_Final_-_City_of_Kent_and_YMCA.pdf Document ID: Ob3ffa42-635f-49d0-bflc-6ef79beffiid Status: Completed Document History ® Signed by 25-Jan-2024 Location:Milpitas,CA 95035,United States Erwin Vidallon Viewed by 25-Jan-2024 Location:Milpitas,CA 95035,United States Erwin Vidallon 01:01.31 UTC 50.202.129.225 Started by 13-Jan-2024 Location:Seattle,WA 98104,United States Cristina Babin(cristinababin@seattleymca.org) 00:38.41 UTC 75.211.167.166 Powered by Gatekeeper TE A CERTIFICATE OF LIABILITY INSURANCE DA06/10/20 2rr) 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 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: Parker,Smith&Feek, LLC. PHONE 425 709 3600 FAX 425 709 7460 E-MAIL 2233 112th Avenue NE A/C Ext: (A/C No L Bellevue,WA 98004 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Great American Insurance Company INSURED INSURER B: YMCA of Greater Seattle 909 4th Avenue INSURER C Seattle,WA 98104 INSURER D 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 EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY PAC313246703 06/01/2022 06/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO FEN X COMMERCIAL GENERAL LIABILITY X X General Liability PREMISES(Ea occurDrence) $ 1,000,000 CLAIMS-MADE lxl OCCUR MED EXP(Any one person) $ 20,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 3,000,000 POLICY PRO jC LOC $ JECT A AUTOMOBILE LIABILITY CAP313246803 06/01/2022 06/01/2023 Ea acccidentSINGLE LIMIT $ 1 000 000 X ANY AUTO Auto BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident A UMBRELLA LIAB K OCCUR UMB313246903 06/01/2022 06/01/2023 EACH OCCURRENCE $ 4,000,000 K EXCESS LIAB CLAIMS-MADE Umbrella Liability AGGREGATE $ 4,000,000 DIED X RETENTION$ NIL $ A WORKERS COMPENSATION PAC313246703 ORY LAMTu_ITS X OT WA Stop Gap AND EMPLOYERS'LIABILITY y/N 06/01/2022 06/01/2023 ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A WA Stop Gap (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 I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) All Operations.City of Kent is an additional insured and coverage is primary and non-contributory on the general liability policy per the attached endorsements/forms.Waiver of subrogation applies on the general liability policy per attached endorsements/forms.$25,000 GL BI/PD Deductible.Notice of Cancellation applies per the policy provisions. 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 Attn: Parks,Recreation and Community ACCORDANCE WITH THE POLICY PROVISIONS. Services Director 220 Fourth Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 8 (SBK01) PAC313246702 indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of e.(2) of this endorsement, such payments will not be deemed to be damages for "personal and advertising injury" as described in paragraph e.(2)(c) above and will not reduce the Limits of Insurance. Our obligation to defend an Insured's indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when: 1. we have used up the applicable Limit of Insurance in the payment of judgments or settlements; or 2. the conditions set forth above, or the terms of the agreement described in paragraph 2.f. above, are no longer met. S. LIMITED PROPERTY DAMAGE TO PROPERTY OF OTHERS The following is added to paragraph (4) of Exclusion j. Damage To Property of Section I - Coverage A - Bodily Injury And Property Damage Liability: 4. However, this exclusion does not apply to personal property of others while in the temporary care, custody or control of an insured. For the purpose of this coverage extension, loss shall mean damage or destruction but does not include mysterious disappearance or loss of use. In the event of a theft, a police report must be filed. This supplementary payment does not apply if: a. Coverage is otherwise provided by the Property Coverage Part (if any) of this Policy; or b. The loss is covered by any other insurance you have or by any insurance of such person who causes such loss. We will pay up to $5,000 for loss under this coverage extension. These payments will not reduce the Limits of Insurance. T. ADDITIONAL INSURED - ATHLETIC ACTIVITY PARTICIPANTS 1. Section II - Who Is An Insured is amended to include as an additional insured any person representing you while participating in amateur athletic activities that you sponsor. The insurance provided by this provision does not apply to: (a) "Bodily injury" to: (1) another participant, your "volunteer worker" or your "employee"; or (ii) you, or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company); or (b) "Property damage" to property; (1) owned, occupied or used by; CG 91 23 (Ed. 05/18) (Page 9 of 16) PAC313246702 (ii) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by: any of your "employees", "volunteer workers", or any partner or member, (if you are a partnership or joint venture), or any member (if you are a limited liability company). U. ADDITIONAL INSURED - MANAGER OR LESSOR OF PREMISES 1. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease or rent property and which requires you to add such person or organization as an Additional Insured on this Policy under: (a) a written contract; or (b) an oral agreement or contract where a Certificate of Insurance showing that person or organization as an Additional Insured has been issued; but the written or oral contract or agreement must be an "insured contract", and: (1) currently in effect or become effective during the term of this Policy; and (II) executed prior to the "bodily injury", "property damage", "personal and advertising injury". 2. With respect to the insurance afforded to the additional insured identified in paragraph 1.above, the following additional provisions apply: (a) This insurance applies only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you. (b) The Limits of Insurance applicable to the additional insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the additional insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. (c) In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. (d) Coverage provided herein is excess over any other valid and collectible insurance available to the additional insured whether the other insurance is primary, excess, contingent or on any other basis unless a written contractual arrangement specifically requires this insurance to be primary. (e) This insurance applies only to the extent permitted by law. 3. This insurance does not apply to: (a) Any "occurrence" or offense 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 the additional insured. CG 91 23 (Ed. 05/18) (Page 10 of 16) PAC313246702 V. ADDITIONAL INSURED - FUNDING SOURCES 1. Section II - Who Is An Insured is amended to include as an additional insured any Funding Source which requires you in a written contract to name the Funding Source as an additional insured but only with respect to liability arising out of: a. your premises; or b. "your work" for such additional insured; or c. acts or omissions of such additional insured in connection with the general supervision of "your work" and only to the extent set forth as follows: a. The Limits of Insurance applicable to the additional insured are the lesser of those specified in the written contract or agreement or in the Declarations for this Policy and subject to all the terms, conditions and exclusions for this Policy. The Limits of Insurance applicable to the additional insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. b. The insurance afforded to the additional insured only applies to the extent permitted by law. c. 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. d. In no event shall the coverages or Limits of Insurance in this Coverage Form be increased by such contract. W. ADDITIONAL INSUREDS - BY CONTRACT 1. Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured that are subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the offense resulting in "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or b. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or c. The additional insureds financial control of you; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 91 23 (Ed. 05/18) (Page 11 of 16) PAC313246702 2. If coverage provided to the additional insured is required by 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 such additional insured. With respect to paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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 for or on behalf of the additional insured(s) at the location 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 another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to paragraph 1.b. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage" occurs, or prior to when any offense resulting in "personal and advertising injury" is committed. 2. With respect to the insurance provided by this endorsement, the following are added to paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" that occurs prior to your commencing operations at the location where such "bodily injury" or "property damage" occurs. b. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal or advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. c. "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 for or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 91 23 (Ed. 05118) (Page 12 of 16) PAC313246702 (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 another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. d. Any person or organization specifically designated as an additional insured for ongoing operations by a separate additional insured endorsement issued by us and made part of this Policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. X. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other Insurance of Section IV - Commercial General Liability Conditions is amended as follows: As respects any additional insured, this insurance is excess unless: a. the additional insured is a named insured under such other insurance; or b. you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Y. ADDITIONAL INSUREDS - PROTECTION OF YOUR LIMITS This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit' under this insurance to us; as soon as practicable; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and CG 91 23 (Ed. 05/18) (Page 13 of 16) PAC313246702 c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured. Z. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (SUBROGATION) Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others to Us: If required by a written contract or written agreement, we waive any right of recovery we may have against a person or organization because of payment we make for injury or damage arising out of your ongoing operations or "your work" done under a contract for that person or organization and included in the "products-completed operations hazard" provided that the injury or damage occurs subsequent to the execution of the written contract or written agreement. AA. PROPERTY DAMAGE EXTENSION WITH VOLUNTARY PAYMENTS 1. The following is added to paragraph 1. Insuring Agreement of Section 1 - Coverage A - Bodily Injury And Property Damage Liability: At your request we will pay for "property damage" to property of others caused by your business operations. Such payment will be made without regard to your legal obligation to do so. The "property damage" must occur during the policy period and must take place in the "coverage territory". 2. With respect to the coverage afforded under paragraph 1. above, paragraph 2. Exclusions of Section I - Coverages A - Bodily Injury And Property Damage Liability is amended as follows: Exclusions j.(3), j.(4), J.(5) and j.(6) are deleted. 3. With respect to the coverage afforded under paragraph 1. above, Section III - Limits of Insurance is replaced by the following: 1. Subject to 2. below, the most we will pay for any one incident is $1,000. 2. The most we will pay for the sum of all "property damage" in the policy period is $5,000. This aggregate amount is part of and not in addition to the General Aggregate Limit described in paragraph 2. of Section III - Limits of Insurance. BB. LIMITED FUNGI OR BACTERIA COVERAGE i. The following are added to SECTION III - LIMITS OF INSURANCE: a. Subject to paragraphs 2. and 3. of SECTION III - LIMITS OF INSURANCE, as applicable, a Fungi and Bacteria Liability Aggregate Limit of $30,000 is the most we will pay under Coverage A for all "bodily injury" or "property damage" and Coverage C for Medical Payments arising out of one or more "fungi or bacteria incidents". CG 91 23 (Ed. 05/18) (Page 14 of 16) PAC313246702 CG 24 04 (Ed. 05 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: City of Kent 220 Fourth Ave S Kent, WA 98032 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. Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/09) PRO (Page 1 of 1)