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HomeMy WebLinkAboutCAG2024-419 - Original - King County Housing Authority - Extra Duty Work - 8/12/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Christy Roeber Police Date Sent: Date Required: � 09/04/2024 ASAP 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website Budget Account Number: Grant? Yes NoF71 10002331.61500.3390 Budget? Yes E]No Type: N/A Vendor Name: Category: KC Housing Authority Contract Vendor Number: Sub-Category: C 39127 Original 0 Project Name: KC Housing Authority Extra-Duty Work p N. Project Detai . �o Providing visibility patrols, deterring crime, and taking law C enforcement action when needed C aU Agreement AmountF8/12/20224 W pay Basis for Selection of Contractor: E *Memo to Mayor must be attached i Start Date: Termination Date: 12/31/2025 tm Q Local Business? Yes F—]No*If meets requirements per KCC 3.70.7 00,please complete'Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process❑Exempt(KCC 5.01.045) ❑Authorized Signer Verified Notice required prior to disclosure? ContractClJr71b �24-419 Yes�No /�(j Comments: a Submitted on behalf of Sgt. Schanbacher s. 3 C C M W N � a, a, oc Date Received:City Attorney: Date Routed:Mayor's Office City Clerk's Office 9/4/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 Docusign Envelope ID:D8376BD3-7BC6-4FD3-975A-OCF1 FD4981 DA ■ KENT POLICE SERVICES AGREEMENT WA9HINOTON THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter "Kent"), and King County Housing Authority , organized under the laws of the State of Washington, located and doing business at King County Housing Authority's Kent Properties (hereinafter the "Contractor"). I. TERM "AGREEMENT" FURTHER DEFINED — INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments") which describe the scope of services to be performed. The Attachments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, while this main Agreement will only be signed one time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable with regard to each instance of work performed pursuant to each Attachment. In the event of a conflict between the terms of this Agreement and any Attachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into this Agreement as if set forth herein in full. II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent police officer who will be dedicated to performing the services described in the Attachment(s) to this Agreement. Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. III. COST OF SERVICES AND PAYMENT A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each hour of worked performed by a commissioned police officer. The Chief of Police -or his or her designee shall have the authority to determine the hourly rate that will be specified in the Attachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under this Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) police officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that POLICE SERVICES AGREEMENT - 1 (Form version: 1/2016) Docusign Envelope ID:D8376BD3-7BC6-4FD3-975A-OCF1FD4981DA last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day. The Contractor will be billed and shall pay the rate for work over ten (10) hours even if not specified in the Attachment. D. Method and Time of Payment. Kent shall, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made to the "City of Kent" and shall be delivered to: City of Kent Attn: Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (1%) of the amount of the unpaid balance on the account or two dollars ($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. Any invoice or service charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent and its Police Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services being called for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of providing full payment; provided, that in the event the interruption lasts longer that one half of one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time not performing services under this Agreement. V. INDEMNIFICATION. A. General. Contractor shall defend, indemnify, and hold Kent, 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 Kent's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of Kent or its officers or employees. POLICE SERVICES AGREEMENT - 2 (Form Version: 1/2016) Docusign Envelope ID:D8376BD3-7BC6-4FD3-975A-OCF1FD4981DA IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police Department, and its officers and employees of the Kent Police Department, owe a general duty to the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor any of its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor. Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or property as a result of the work performed under this Agreement. In the event of injury to any person or property, Contractor shall not assert that Kent, its Police Department, or its police officer owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or property of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C. Survival. The provisions of this Section V shall survive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an employee or agent of the other. VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to obtain the services of a Kent Police Officer to perform the services called for in the Agreement, Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one-half (10.5) hours before the services are called for shall result in the Contractor paying the minimum four (4) hours of service provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At all times during Kent's performance of this Agreement, Contractor shall abide by all laws and POLICE SERVICES AGREEMENT - 3 (Form Version: 1/2016) Docusign Envelope ID:D8376BD3-7BC6-4FD3-975A-OCF1FD4981DA regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in violation of any laws of the State of Washington or the United States. IX. INSURANCE. Contractor shall at all times during Kent's performance of the services called for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police officer is performing services pursuant to this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of Kent 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. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section V.B. of this Agreement. C. 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. D. 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. E. 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 Kent and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT - 4 (Form Version: 1/2016) Docusign Envelope ID:D837613D3-7BC6-4FD3-975A-0CF1FD4981DA verbal statements of any officer or other representative of Kent, 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 or Attachments to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Further, the representative signing this Agreement on behalf of Contractor swears and affirms.that he or she is authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. 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. H. 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. CONTRACTOR: KENT: DocuSEgnad by: DocuSigned by: YuIldwln!f 11 OApIA778OC32411 (signature) C9F$[ODEEF604E6_ �sl[J/)atUre) Print Name: Anneliese Gryta Print Name: Rafael Padilla- Its Executive VP of Housing ManagemenVCOD Its Police Chief 8/30/2024 (rive) 8/30/2024 DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Attn: Ponha Lim Sgt. Mike Schanbacher 600 Andover Park West Tukwila,WA 98188 City of Kent 220 Fourth Avenue South Kent, WA 98032 (206)640-4202 (telephone) (facsimile) (253) 856- 5841 (telephone) (253) 856-6802 (facsimile) P.\Civ,TPilu\Opan Filu\13S0.FaliceOBlT,tyOve,�e\Polim Muter Services Ap. -'f OffMllW.Ld— POLICE SERVICES AGREEMENT - 5 (Form Version: 1/2016) KENT SCOPE OF SERVICES ATTACHMENT W A.....T.H To Police Services Agreement This Scope of Service- A*tar hmp.nt shall be incorporated into the Police Service Agreement signed by n I,-,,J c vinM ov �s Fkkl 11��a-�,��L�Tc/hereinafter"Contractor") on . NO I. DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police officer who will be dedicated to performing the following services (check box that applies): ❑ Flagging/Traffic Control ❑ Security for Entertainment Venue or Event ❑ Security for Retail Establishment ® Guarding of Property, Buildings, Possessions, or Equipment ❑ Other Providing visibility patrols, deterring crime, and taking law enforcement action when needed Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. II. HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be paid by Contractor at the following hourly rates and the Contractor requests the following number of officers: ® Extra-Duty Work: Officer Up to $120 per hour.* Number of Officers Required: t ❑ Extra-Duty Work: Supervisor Up to $144 per hour.* Number of Supervisors Required: * Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates based on factors such as time in service, assignment, education, etc. The rate quoted is the maximum rate that will be billed subject to overtime or holiday rates specified below. Contractor's rate may be lower. A. Four Hour Minimum. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under the Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 1 of 2 (Form Version: 12/2017 B. Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5) times the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shift. Therefore, if a police officer works ten (10) hours, he or she shall be paid at the rate specified above. If the officer works twelve (12) hours, he or she shall be paid at the rate specified above for the first ten (10) hours, and at a rate of one and one half (1.5) times the rate specified above for the remaining two (2) hours. C. Holiday Rate. The following holidays are observed by Kent police officers: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas. Except as otherwise provided in this section, all hours worked during an observed holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve, will be billed at one and a half (1.5) times the rate specified above. All hours worked on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the rate specified above. D Contractor's Termination Alteration or Rescheduling of Services. Cancellation, alteration, or rescheduling of police officer services by the Contractor for a specific date must be made at least ten and a one-half (10.5) hours prior to the scheduled start time for that date. If Contractor fails to provide ten and one-half (10.5) hours advance notice from the scheduled start time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date in accordance with Section II.A. above. Cancellation, alteration, or rescheduling notification can be made by phone or email. III. LOCATION OF SERVICES. The services called for herein shall be performed at the following location: Birch Creek,Campus Court,Cascade Homes,Harrison House,Mardi Gras,Shelcor. Additional KCHA Kent properties may be added at a later time. A police officer will arrive at the above location on the date and time specified below. IV. DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services from 12:00 am/pm to 12:0o am/pm: August 12,20 24 thru December 3lit 20 25. *Core work hours will be shifts between 8:00 am to 5:00 pm,maximum of 8 hours per shift. May also request evening services as well as weekends&holidays By signing below, I understand that I am entering a contract to hire police officers to perform the work described above, I agree to the terms of this Scope of Services Attachment and all of the terms contained within the Police Services Agreement referenced herein, and finally if I am signing this Scope of Services Attachment on behalf of an organization, I swear and affirm that I am authorized to do so on behalf of the organization and that action is binding on the Contractor. �0ert1&Z, Z_4iZ Signature Date Ponha Lim Print Name Approved by: 600 Andover Park West,Tukwila WA 98188 Address Kent Police Department Date SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 (Form version: 12/2017) AC"RV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYI� 7/23/2024 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(fes) 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 CO NTACT NAME: Parker Smith&Feek Insurance LLC PHONE FAX 2233 112th Ave NE WC. ,425-709-3600 IAJC,N0.. Bellevue WA 98004 laws: _ INSURERS AFFORDING COVERAGE NAIC# _ Ucense#:PC-17192 1 INSURER A: Philadelphia Indemnity Insurance Company 18058 INSURED KINGCOU-05 INSURER B• _ King County Housing Authority 600 Andover Park West INSURERC: _ Tukwila WA 98188 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:779160078 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�SU6R POLICY NUMBER pN pCY EFF MPM Y EXP LIMITS LTRWV0 A X COMMERCIAL GENERAL LIABILITY Y Y PHPK2610250 10/1/2023 10/1/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PRMEMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY D PROJECT F_X] LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: gto G $1,000,000 A AUTOMOBILE LIABILITY PHPK2610250 10/1/2023 10/1/2024 EMaccidEe�tNGLEIIluIIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY IPer accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 1 1 RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y STATUTE FR ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,descnbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS r VEHICLES tACORD 101,Additional Remarks Schedule,may be attached It more space is roqulred) Certificate Holder and all other parties required by the contract are included as Additional Insured on the General Liability Policy,if required by written contract or agreement,subject to the policy terms,and conditions. This Insurance is Primary&Non-Contributory on the General Liability Policy,if required by written contract or agreement,subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of the Certificate Holder and all other parties required by the contract on the General Liability Policy,if required by written contract or agreement,subject to the policy terms and conditions. General Liability Policy Coverage(s)include 30 day notice of cancellation,subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 4th Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Effective Date: 10/01/2022 Name of Person or Organization (Additional Insured): Blanket Coverage as Required By Written Contract SECTION II—WHO IS AN INSURED is amended to include as an additional insured the person(s)or organization(s)shown in the endorsement Schedule, but only with respect to liability for"bodily injury," "property damage"or"personal and advertising injury" arising out of or relating to your negligence in the performance of"your work"for such person(s)or organization(s)that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or"occurrence"we cover for this Additional Insured. The Additional Insured's limits of insurance do not increase our limits of insurance, as described in SECTION III—LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IL01460810 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favorable Coverage Part and the Capital Assets Program to the insured. (output Policy) Coverage Part, if made a part A. Cancellation of this policy,by mailing or delivering to the first Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of us or the insurance producer in one of the cancellation for any structure where two or following ways: more of the following conditions exist: a. Written notice by mail,fax or e-mail-, a. Without reasonable explanation, the b. Surrender of the policy or binder; or structure is unoccupied for more than 60 consecutive days, or at least 65% of the c. Verbal notice, rental units are unoccupied for more than Upon receipt of such notice, we will cancel this 120 consecutive days, unless the structure policy or any binder issued as evidence of is maintained for seasonal occupancy or is coverage, effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, progress policy or binder is surrendered,or toward completion of permanent repairs to b. The date d cancellation requested by the the structure has not occurred within 60 first Named Insured. days after receipt of funds following 2. We may cancel this policy by mailing or satisfactory adjustment or adjudication of delivering to the first Named Insured and the foss resulting from a fire; first Named Insured's agent or broker written c. Because of its physical condition, the notice of cancellation, including the actual structure is in danger of collapse; reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or demolition order has been a. 10 days before the effective date of issued for the structure, or it has been cancellation if we cancel for nonpayment of declared unsafe in accordance with premium;or applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have been cancellation if we cancel for any other removed from the structure, indicating an reason; intent to vacate the structure; except as provided in Paragraphs 3. and 4. f, Without reasonable explanation, heat, below. water, sewer and electricity are not fumished for the structure for 60 consecutive days: or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 0146 08 10 n Insurance Services Office, Inc., 2010 Page 1 of 4 ❑ 4. If: 7. If this policy is cancelled, we will send the first a. You are an individual; Named Insured any premium refund due. If we cancel, the refund will be pro rats. If the first b. A covered auto you own is of the "private Named Insured cancels, the refund will be at passenger type'; and least 90% of the pro rata refund unless the c. The policy does not cover garage, following applies: automobile sales agency, repair shop, a. For Division Two — Equipment Breakdown, service station or public parking place if the first Named Insured cancels, the operations hazards; refund will be at least 75% of the pro rata we may cancel the Commercial Automobile refund. Coverage Part by mailing or delivering to the b. If: first Named Insured and the first Named Insured's agent or broker written notice of (1) You are an individual; cancellation, including the actual reason for (2) A covered auto you own is of the cancellation, to the last mailing address known "private passenger type' to us: (3) The policy does not cover garage, a. At least 10 days before the effective date of automobile sales agency, repair shop, cancellation if we cancel for nonpayment of service station or public parking place premium;or operations hazards; and b. At least 10 days before the effective date of (4) The first Named Insured cancels; cancellation for any other reason if the the refund will be not less than 90% of any policy is in effect less than 30 days; or unearned portion not exceeding $100, plus c. At least 20 days before the effective date of 95% of any unearned portion over$100 but cancellation for other than nonpayment if not exceeding $500, and not less than 97% the policy is in effect 30 days or more;or of any unearned portion in excess of$500. d. At least 20 days before the effective date of The cancellation will be effective even if we cancellation if the policy is in effect for 60 have not made or offered a refund. days or more or is a renewal or continuation 8, If notice is mailed, proof of mailing will be policy, and the reason for cancellation is sufficient proof of notice. that your driver's license or that of any driver who customarily uses a covered B. Changes "auto" has been suspended or revoked The policy contains all the agreements between during policy period. you and us concerning the insurance afforded. 5. We will also mail or deliver to any mortgage The first Named Insured shown in the Declarations holder, pledgee or other person shown in this is authorized to make changes in the terms of this policy to have an interest in any loss which policy with our consent. This policy's terms can be may occur under this policy, at their last amended or waived only by endorsement issued mailing address known to us, written notice of by us and made a part of this policy. cancellation, prior to the effective date of C. Examination Of Your Books And Records cancellation. If cancellation is for reasons other We may examine and audit your books and than those contained in Paragraph A.3. above, records as they relate to this policy at any time this notice will be the same as that mailed or during the policy period and up to three years delivered to the first Named Insured. If afterward. cancellation is for a reason contained in Paragraph A.3. above, we will mail or deliver D. Inspection And Surveys this notice at least 20 days prior to the effective 1. We have the right to: date of cancellation. a. Make inspections and surveys at any time; 6. Notice of cancellation will state the effective b. Give you reports on the conditions we find; date of cancellation. The policy period will end and on that date. c. Recommend changes. Page 2 of 4 O Insurance Services Office, Inc., 2010 IL 0146 08 10 ❑ 2. We are not obligated to make any inspections, G. Nonrenewal surveys, reports or recommendations, and any 1. We may elect not to renew this policy by such actions we do undertake relate only to mailing or delivering written notice of insurability and the premiums to be charged. nonrenewal, stating the reasons for We do net make safety inspections. We do not nonrenewal, to the first Named Insured and the undertake to perform the duty of any person or organization to provide for the health or safety first Named Insureds agent or broker, at their g p y last mailing addresses known to us. We will of workers or the public.And we do not warrant also mail to any mortgage holder, pledgee or that conditions: other person shown in this policy to have an a. Are safe or healthful; or interest in any loss which may occur under this b. Comply with laws, regulations, codes or policy, at their last mailing address known to standards. us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before 3. Paragraphs 1. and 2, of this condition apply not the: only to us, but also to any rating, advisory, rate service or similar organization which makes a. Expiration of the policy; or insurance inspections, surveys, reports or b. Anniversary date of this policy if this policy recommendations. has been written for a term of more than 4. Paragraph 2. of this condition does not apply to one year any inspections, surveys, reports or Otherwise, we will renew this policy unless: recommendations we may make relative to a. The first Named Insured fails to pay the certification, under state or municipal statutes, renewal premium after we have expressed ordinances or regulations, of boilers, pressure our willingness to renew, including a vessels or elevators. statement of the renewal premium, to the E. Premiums first Named Insured and the first Named The first Named Insured shown in the Insured's insurance agent or broker, at least Declarations: 20 days before the expiration date; 1. Is responsible for the payment of all premiums; b. Other coverage acceptable to the insured and has been procured prior to the expiration 2. Will be the payee for any return premiums we date of the policy; or pay. C. I he policy clearly states that it is not renewable and is for a specific line, F. Transfer Of Your Rights And Duties Under This subclassification, or type of coverage that is Policy not offered on a renewable basis. Your rights and duties under this policy may not be 2. If: transferred without our written consent except in the case of death of an individual Named Insured. a. You are an individual; If you die, your rights and duties will be transferred b. A covered auto you own is of the "private to your legal representative but only while acting passenger type"; and within the scope of duties as your legal c. The }policy does not cover garage, representative. Until your legal representative is automobile sales agency, repair shop, appointed, anyone having proper temporary service station or public parking place custody of your property will have your rights and operations hazards; duties but only with respect to that property. IL 01 46 08 10 @ Insurance Services Office, Inc., 2010 Page 3 of 4 ❑ the following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely place of GA.: because an insured" has submitted claims a. We may elect not to renew or continue this under Comprehensive Coverage or Towing policy by mailing or delivering to you and And Labor Coverage. your agent or broker written notice at least c. If we fail to mail or deliver proper notice of 20 days before the end of the policy period, nonrenewal and you obtain other insurance, including the actual reason for nonrenewal. this policy will end on the effective date of If the policy period is more than one year, that insurance. we will have the right not to renew or continue it only at an anniversary of its original effective date, if we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. Page 4 of 4 ©Insurance Services Office, Inc., 2010 IL 0146 08 10 ❑ POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract Information required to complete this Schedule if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 'Page 1 of 1' ❑