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CAG2025-068 - Original - Consolidated Press LLC - 2025-2026 Park Guides - 2/13/25
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: TL • For Approvals,Signatures and Records Management Dir/Dep: 2 1 �od ola 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: Haleigh Elliott Parks, Recreation & Community Services Date Sent: Date Required: > 2/5/2025 2/11/2025 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Q Interlocal Agreement Uploaded to Website 2/4/2025 Budget Account Number Grant? Yes NOW] 10006100.6XXXX.4001 Budget?W]Yes E]No Type: N/A Vendor Name: ::��= Category: Consolidated Press LLC Contract Vendor Number: Sub-Category: JIM c 41428 Original Project Name: 2025-2026 Park Guides cProject Details: As described in attached Exhibit A, incorporated herein, the vendor shall work with City of Kent Parks Staff to provide printing services for the City of Kent Parks Program Guide for 2025-2026 c Basis for Selection of Contractor: � Agreement Amount 200QQQ Bid E _ *Memo to Mayor must be i Start Date: Date of fully executed contract Termination Date: 12/31/2026 a1 Q Local Business? Yes Who*If meets requirements per KCC3.70.100,please complete"VendorPurchose-Locol Exceptions"form onCityspace. Business License Verification: 91 Yes In-ProcessD Exempt(KCC 5.01.045) 91 Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes W1 No CAG2025-068 Comments: i 3 f0 a1 C C a1 3 0 cc a, a, cc Date Received:City Attorney: 2/10/25 (Date Routed:Mayor's Office 2/13/25 City Clerk's Office 2/14/25 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WISHINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Consolidated Press LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Consolidated Press LLC organized under the laws of the State of Washington, located and doing business at 600 S Spokane Street, Seattle, WA 98134 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in attached Exhibit A, incorporated herein, the vendor shall work with City of Kent Parks staff and City of Kent Multimedia staff to provide printing services for the City of Kent Parks Program Guides for the Spring/Summer, Fall, and Winter guides produced in 2025 and 2026. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services within the guide production schedules provided by the City. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $200,000, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Net 30 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: 9 14911"4912.1t, By: By: Print Name: Brenda Rossman Print Name: Dana Ralph Its Vice President Its Mayor DATE: 2/10/25 DATE: 02/13/2025 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Brenda Monkewicz Haleigh Elliott Consolidated Press LLC City of Kent 600 S Spokane Street 220 Fourth Avenue South Seattle, WA 98134 Kent, WA 98032 (206) 447-9659 (telephone) (253) 856-5023 (telephone) bmonk@consolidatedpress.com (email) helliott@kentwa.gov (email) APPROVED AS TO FORM: la�-� o16A Kent Lffw Department ATTEST: L;u 6MA Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) DECLARATION CITY OF KENT 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. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 of 5 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. 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; EEO COMPLIANCE DOCUMENTS - 3 of 5 xi. 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: For: Consolidated Press Title: Vice President Date: 2/10/25 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 EXHIBIT A V VIIJVIIy6�«iM 1 Iii�7 r1 VVV vtuuLaL1v1 i 600 S Spokane St 36712 CP Seattle,WA 98134 tt lldested Phone: (206)447.9659 !Cacvw*59WOM Im FrInt Fax: (206)447-9477 hftp:/twww.consolidatedpress.com 'o: Date 12/31/24 Salesperson Kandy Hruby .ity of Kent 20 4th Avenue South Cent,WA 98032 'hone: (253)856-5056 :ax: (253)856-4700 thank you for the opportunity to quote this project.The prices below are based on the specifications indicated. Project specifications and pricing below. )ascription Park Program Guides 2025 RFP =lnal Size 8.25 x 10.75 taper&Ink 40#Gloss, 70 Bright-4CP all pages- bleed 2repress Preflight, Computer Time, Content&Color Proof, PDF proof only to Client 3ress Web Finishing Saddle Stitch, 2,500 bundle, balance skid for mailing services, 1%Unders/1%Overs Shipping Deliver 2,500 bundled copies to Kent Commons-525 4th Ave N, Kent, WA 98032 (253-856-5000) ?rices 48 pages self cover Quantity Prices Per Addl M Total Price 82,500 $24,962.03 $255.1519 $24,962.03 56 Page Self Cover Quantity Prices Per Addl M Total Price 82,500 $32,274.75 $325.3843 $32,274.75 64 Page Self Cover Quantity Prices Per Addl M Total Price 82,500 $34,935.29 $358.6696 $34,935.29 5% Maximum Paper increase with advance notice and Inkjet-Upload 1 File, NCOA, CASS, presort, Inkjet, USPS Documentation, Deliver to Kent PO Quantity Prices Per Addl M Total Price 2,000 $382.06 $88.4467 $382.06 Simplified (Bundle/top sheet), USPS Documentation, Deliver to Kent PO Quantity Prices Per Addl M Total Price 78,000 $1,099.94 $12.967 $1,099.94 Candy Hruby ?06-227-0948 Mobile (hruby@consolidatedpress.com a„ v--h. CAD. - _ Service 30 w_...d...a.._�....�...�v __�...,.,r..._e.....car Page 1 of 2 Exhibit B Insurance Requirements Insurance Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, non-renewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect 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 A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsement naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. KPLLCOM-01 INSUSERVE ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/14/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OG66614 CONTACT NAME: One Risk Group, LLC DBA:One Risk Management&Insurance Services PHONE FAX No):(g25)226-7380 2000 Crow Canyon PI,Suite 160 (A/C,No,EXt):(925)226-7350 San Ramon,CA 94583 ADDRESS:Certificates@oneriskgroup.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Sentinel Insurance Company Ltd 11000 Consolidated Press LLC INSURER C: c/o KP LLC 13951 Washington Avenue INSURERD: San Leandro,CA 94578 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYYY MM DD YY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR P-630-3D449614-TIL-24 7/1/2024 7/1/2025 DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY F7 JECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP EL $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X BA-2NO25575-24-43-G 7/1/2024 7/1/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE CUP-7J779123-24-43 7/1/2024 7/1/2025 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 PCO Aggregate $ 10,000,000 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 57WE BG8SSZ 7/1/2024 7/1/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER(Mandatory/MEMBER in NH)EXCLUDED? 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is additional insured to the extent provided in the attached form.Primary wording to the extent provided in the attached form.Waiver of Subrogation applies to General Liability to the extent provided in the attached form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RE: Policy number P-630-3D449614-TIL-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations if Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II — WHO IS AN "personal injury" arising out of the providing, INSURED: or failure to provide, any professional Any person or organization that you agree in a architectural, engineering or surveying written contract or agreement to include as an services, including: additional insured on this Coverage Part is an (a) The preparing, approving, or failing to insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to subsequent to the signing of that contract or prepare or approve, drawings and agreement and while that part of the contract or specifications; and agreement is in effect; and (b) Supervisory, inspection, architectural or b. If, and only to the extent that, such injury or engineering activities. damage is caused by acts or omissions of you or your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" work" to which the written contract or agreement caused by "your work" and included in the applies. Such person or organization does not "products-completed operations hazard" qualify as an additional insured with respect to unless the written contract or agreement the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during The insurance provided to such additional insured is the policy period. subject to the following provisions: c. The additional insured must comply with the a. If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim. To the extent possible, such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. (c) The nature and location of any injury or This provision will not increase the limits of damage arising out of the "occurrence" insurance described in Section III — Limits Of or offense. Insurance. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 04 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV — Commercial comply with all policy conditions. General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 46 04 19 COMMERCIAL GENERAL LIABILITY RE: Policy number P-630-3D449614-TIL-24 c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The "bodily injury" or "property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy,you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 O 2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 includes copyrighted material of Insurance Services Office,Inc.with its permission. RE: Policy number P-630-3D449614-TIL-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties,and what is and is not covered. A. Who Is An Insured —Unnamed Subsidiaries G. Blanket Additional Insured — Governmental B. Who Is An Insured — Employees And Volunteer Entities — Permits Or Authorizations Relating To Workers — Bodily Injury To Co-Employees And Premises Co-Volunteer Workers H. Blanket Additional Insured --- Governmental Entities — Permits Or Authorizations Relating To C. Who Is An Insured — Newly Acquired Or Formed Operations Limited Liability Companies I. Blanket Additional Insured — Grantors Of D. Blanket Additional Insured — Broad Form Franchises Vendors J. Incidental Medical Malpractice E. Blanket Additional Insured — Controlling Interest K. Blanket Waiver Of Subrogation F. Blanket Additional Insured — Mortgagees, Assignees, Successors Or Receivers PROVISIONS b. After the date, if any, during the policy period that you no longer maintain an ownership A. WHO IS AN INSURED — UNNAMED interest of more than 50% in such subsidiary. SUBSIDIARIES For purposes of Paragraph 1. of Section II —Who The following is added to SECTION II — WHO IS Is An Insured, each such subsidiary will be AN INSURED: deemed to be designated in the Declarations as: Any of your subsidiaries, other than a partne rship a. A limited liability company; or joint venture, that is not shown as a Named b. An organization other than a partnership, Insured in the Declarations is a Named Insured joint venture or limited liability company; or if; c. A trust; a. You are the sole owner of, or maintain an as indicated in its name or the documents that ownership interest of more than 50% i n,such govern its structure. subsidiary on the first day of the policy B. WHO IS AN INSURED — EMPLOYEES AND period; and VOLUNTEER WORKERS — BODILY INJURY b. Such subsidiary is not an insured under TO CO-EMPLOYEES AND CO-VOLUNTEER similar other insurance. WORKERS No such subsidiary is an insured for "bodily The following is added to Paragraph 2.a.(1) of injury" or "property damage" that occurred, or SECTION II --WHO IS AN INSURED: "personal and advertising injury" caused by an Paragraphs (1)(a), (b) and (c) above do not offense committed: apply to "bodily injury" to a co-"employee" while in the course of the co-"employee's" employment a. Before you maintained an ownership interest by you or performing duties related to the of more than 50% i n such subsidiary; or conduct of your business, or to "bodily injury" to CG D4 67 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY your other "volunteer workers" while performing D. BLANKET ADDITIONAL INSURED -- BROAD duties related to the conduct of your business. FORM VENDORS C. WHO 15 AN INSURED — NEWLY ACQUIRED The following is added to SECTION II —WHO IS OR FORMED LIMITED LIABILITY COMPANIES AN INSURED: The following replaces Paragraph 3. of Any person or organization that is a vendor and SECTION II —WHO IS AN INSURED: that you have agreed in a written contract or 3. Any organization you newly acquire or form, agreement to include as an additional insured on other than a partnership or joint venture, and this Coverage Part is an insured, but only with of which you are the sole owner or in which respect to liability for "bodily injury" or "property you maintain an ownership interest of more damage" that: than 50%, will qualify as a Named Insured if a. Occurs subsequent to the signing of that there is no other similar insurance available contract or agreement; and to that organization. However; b. Arises out of "your products" that are a. Coverage under this provision is distributed or sold in the regular course of afforded only: such vendor's business. (1) Until the 180th day after you acquire The insurance provided to such vendor is subject or form the organization or the end to the following provisions: of the policy period, whichever is a, The limits of insurance provided to such earlier, if you do not report such vendor will be the minimum limits that you organization in writing to us within agreed to provide in the written contract or 180 days after you acquire or form it; agreement, or the limits shown in the or Declarations, whicheverare less. (2) Until the end of the policy period, b. The insurance provided to such vendor does when that date is later than 180 da ys after you acquire or form such not apply to: organization, if you report such (1) Any express warranty not authorized by organization in writing to us within you or any distribution or sale for a 180 days after you acquire or form it; purpose not authorized by you; b. Coverage A does not apply to "bodily (2) Any change in "your products" made by injury" or "property damage" that such vendor; occurred before you acquired or formed the organization; and (3) Repackaging, unless unpacked solely for the purpose of inspection, c. Coverage B does not apply to "personal demonstration, testing, or the and advertising injury" arising out of an substitution of parts under instructions offense committed before you acquired from the manufacturer, and then or formed the organization. repackaged in the original container; For the purposes of Paragraph 1. of Section (4) Any failure to make such inspections, II — Who Is An Insured, each such adjustments, tests or servicing as organization will be deemed to be vendors agree to perform or normally designated in the Declarations as: undertake to perform in the regular a. A limited liability company; course of business, in connection with the distribution or sale of "your b. An organization, other than a products"; partnership, joint venture or limited liability company; or (5) Demonstration, installation, servicing or c. li trust; repair operations, except such operations performed at such vendor's as indicated in its name or the documents premises in connection with the sale of that govern its structure. "your products"; or Page 2 of 5 ©2017 The Travelers Indemnity Company. All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY (6) "Your products" that, after distribution or a. Is "bodily injury" or "property damage" that sale by you, have been labeled or occurs, or is "personal and advertising injury" relabeled or used as a container, part or caused by an offense that is committed, ingredient of any other thing or subsequent to the signing of that contract or substance by or on behalf of such agreement; and vendor. b. Arises out of the ownership, maintenance or Coverage under this provision does not apply to: use of the premises for which that a. Any person or organization from whom you mortgagee, assignee, successor or receiver have acquired "your products", or any is required under that contract or agreement ingredient, part or container entering into, to be included as an additional insured on accompanying or containing such products; this Coverage Part. or The insurance provided to such mortgagee, b. Any vendor for which coverage as an assignee, successor or receiver is subject to the additional insured specifically is scheduled following provisions: by endorsement. a. The limits of insurance provided to such E. BLANKET ADDITIONAL INSURED — mortgagee, assignee, successor or receiver CONTROLLING INTEREST will be the minimum limits that you agreed to provide in the written contract or agreement, 1. The following is added to SECTION II — or the limits shown in the Declarations, WHO IS AN INSURED: whichever are less. Any person or organization that has financial b. The insurance provided to such person or control of you is an insured with respect to organization does not apply to: liability for "bodily injury", "property damage" or "personal and advertising injury" that (1) Any "bodily injury" or "property damage" arises out of: that occurs, or any "personal and advertising injury" caused by an offense a. Such financial control; or that is committed, after such contract or b. Such person's or organization's agreement is no longer in effect; or ownership, maintenance or use of (2) Any "bodily injury", "property damage" or premises leased to or occupied by you. "personal and advertising injury" arising The insurance provided to such person or out of any structural alterations, new organization does not apply to structural construction or demolition operations alterations, new construction or demolition performed by or on behalf of such operations performed by or on behalf of such mortgagee, assignee, successor or person or organization. receiver. 2. The following is added to Paragraph 4. of G. BLANKET ADDITIONAL INSURED — SECTION II —WHO IS AN INSURED: GOVERNMENTAL ENTITIES — PERMITS OR This paragraph does not apply to any AUTHORIZATIONS RELATING TO PREMISES premises owner, manager or lessor that has The following is added to SECTION II —WHO IS financial control of you. AN INSURED; F. BLANKET ADDITIONAL INSURED — Any governmental entity that has issued a permit MORTGAGEES, ASSIGNEES, SUCCESSORS or authorization with respect to premises owned OR RECEIVERS or occupied by, or rented or loaned to, you and The following is added to SECTION II — WHO IS that you are required by any ordinance, law, AN INSURED: building code or written contract or agreement to Any person or organization that is a mortgagee, include as an additional insured on this assignee, successor or receiver and that you Coverage Part is an insured, but only with have agreed in a written contract or agreement respect to liability for "bodily injury", "property to include as an additional insured on this damage" or "personal and advertising injury" Coverage Part is an insured, but only with arising out of the existence, ownership, use, respect to its liability as mortgagee, assignee, maintenance, repair, construction, erection or successor or receiver for"bodily injury","property removal of any of the following for which that damage" or "personal and advertising injury" governmental entity has issued such permit or that: authorization: advertising signs, awnings, CG D4 67 02 19 ©2017 The Travelers indemnity Company.All rights reserved. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY canopies, cellar entrances, coal holes, medical services", first aid or "Good driveways, manholes, marquees, hoist away Samaritan services" to a person, unless openings, sidewalk vaults, elevators, street you are in the business or occupation of banners or decorations. providing professional health care H. BLANKET ADDITIONAL INSURED — services. GOVERNMENTAL ENTITIES — PERMITS OR 2. The following replaces the last paragraph of AUTHORIZATIONS RELATING TO Paragraph 2.a.(1) of SECTION tl — WHO IS OPERATIONS AN INSURED: The following is added to SECTION II — WHO IS Unless you are in the business or occupation AN INSURED: of providing professional health care Any governmental entity that has issued a permit services, Paragraphs (1)(a), (b), (c) and (d) or authorization with respect to operations above do not apply to "bodily injury" arising performed by you or on your behalf and that you out of providing or failing to provide: are required by any ordinance, law, building code (a) "Incidental medical services" by any of or written contract or agreement to include as an your "employees" who is a nurse, nurse additional insured on this Coverage Part is an assistant, emergency medical insured, but only with respect to liability for technician, paramedic, athletic trainer, "bodily injury", "property damage" or "personal audiologist, dietician, nutritionist, and advertising injury" arising out of such occupational therapist or occupational operations. therapy assistant, physical therapist or The insurance provided to such governmental speech-language pathologist; or entity does not apply to: (b) First aid or "Good Samaritan services" a. Any "bodily injury", "property damage" or by any of your"employees" or "volunteer workers , other than an employed or "personal and advertising injury" arising out volunteer doctor. Any such "employees" of operations performed for the or "volunteer workers" providing or failing governmental entity; or to provide first aid or "Good Samaritan b. Any "bodily injury" or "property damage" services" during their work hours for you included in the "products-completed will be deemed to be acting within the operations hazard". scope of their employment by you or I. BLANKET ADDITIONAL INSURED — performing duties related to the conduct GRANTORS OF FRANCHISES of your business. 3. The following replaces the last sentence of The following is added to SECTION II — WHO IS Paragraph S. of SECTION III — LIMITS OF AN INSURED: INSURANCE: Any person or organization that grants a For the purposes of determining the franchise to you is an insured, but only with applicable Each Occurrence Limit, all related respect to liability for "bodily injury", "property acts or omissions committed in providing or damage" or "personal and advertising injury" failing to provide "incidental medical arising out of your operations in the franchise services", first aid or "Good Samaritan granted by that person or organization. services" to any one person will be deemed If a written contract or agreement exists between to be one "occurrence". you and such additional insured, the limits of 4. The following exclusion is added to insurance provided to such insured will be the Paragraph 2., Exclusions, of SECTION I — minimum limits that you agreed to provide in the COVERAGES — COVERAGE A — BODILY written contract or agreement, or the limits INJURY AND PROPERTY DAMAGE shown in the Declarations, whichever are less. LIABILITY: J. INCIDENTAL MEDICAL MALPRACTICE Sale Of Pharmaceuticals 1. The following replaces Paragraph b. of the "Bodily injury" or "property damage" arising definition of "occurrence" in the out of the violation of a penal statute or ordinance relating to the sale of DEFINITIONS Section: pharmaceuticals committed by, or with the b. An act or omission committed in knowledge or consent of,the insured. providing or failing to provide "incidental Page 4 of 5 ©2017 The Travelers Indemnity Company.All rights reserved. CG D4 67 02 19 Includes copyrighted material of Insurance Services Office. Inc.with its permission. COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS subject to Paragraph 2.a.(1) of Section II — Section: Who Is An Insured. "Incidental medical services" means: K. BLANKET WAIVER OF SUBROGATION a. Medical, surgical, dental, laboratory, x- The following is added to Paragraph 8., Transfer ray or nursing service or treatment, Of Rights Of Recovery Against Others To Us, advice or instruction, or the related of SECTION IV — COMMERCIAL GENERAL furnishing of food or beverages; or LIABILITY CONDITIONS: b. The furnishing or dispensing of drugs or If the insured has agreed in a contract or medical, dental, or surgical supplies or appliances. agreement to waive that insured's right of recovery against any person or organization, we 6. The following is added to Paragraph 4.b., waive our right of recovery against such person Excess Insurance, of SECTION IV — or organization, but only for payments we make COMMERCIAL GENERAL LIABILITY CONDITIONS: because of: This insurance is excess over any valid and a. 'Bodily injury" or "property damage" that collectible other insurance, whether primary, occurs; or excess, contingent or on any other basis, b. "Personal and advertising injury" caused by that is available to any of your "employees" an offense that is committed; for "bodily injury" that arises out of providing or failing to provide "incidental medical subsequent to the execution of the contract or services" to any person to the extent not agreement. CG D4 67 02 19 ©2017 The Travelers indemnity Company.All rights reserved. Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.with its permission. RE: Policy number BA-2N025575-24-43-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requires that person's or organization's liability for the this insurance to be primary and non-contributory. conduct of another"insured". CA T4 74 02 16 ©2016 The Travelers Indemnity company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 8.D KENT WASHING 7 0 N DATE: February 4, 2025 TO: Kent City Council SUBJECT: 2025-2026 Recreation Guide Printing/Mailing Services — Authorize MOTION: I move to authorize the Mayor to sign the Goods and Services Agreement with Consolidated Press, LLC., subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: In January of 2025, Consolidated Press LLC was selected through a competitive Request for Proposal process for the printing and mailing of the Kent Parks Recreation Guides for the City of Kent Parks Department. The contract will cover the printing and mailing of the Recreation Guides for Spring/Summer, Fall, and Winter throughout the 2025 and 2026 calendar years for a total of $86,700 per year. The City of Kent Parks Department works with the City of Kent Multimedia team to produce a quarterly Recreation Guide that promotes the seasonal program offerings and events coordinated by the Kent Parks Recreation team. Each guide also details pertinent information from other divisions within the City of Kent Parks Department (Riverbend Golf Complex, Park Planning & Development, Human Services, and Park Operations). Each quarter, the City of Kent Parks Department works with a vendor to print and mail a Recreation Guide to roughly 80,000 homes before seasonal registration opens. Approximately 78,000 guides are mailed to residences within the City of Kent and/or Kent School District boundaries; the remaining 2,000 guides are sent to homes in the surrounding cities of Kent who have participated in prior programs/events and have elected to receive a guide at their home. An additional 2,500 Recreation Guides are printed to distribute at City of Kent facilities (Kent Commons Community Center and Kent Senior Activity Center). The Kent Parks Recreation Guides are the Parks Department's largest marketing piece; the guides have consistently been the top marketing tool utilized by the City of Kent Parks Department over the past few decades and are pivotal to the promotion and subsequent success of each quarter. BUDGET IMPACT: None. Packet Pg. 70 8.D SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Consolidated Press LLC - Goods and Services Agreement (PDF) 01/21/25 Committee of the Whole MOTION PASSES RESULT: MOTION PASSES [UNANIMOUS]Next: 2/4/2025 7:00 PM MOVER: Zandria Michaud, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Packet Pg. 71 Signature: Th�Mg 1�g�ilh Signature: —✓ Phung Huynh Feb 5,2CM 12:19 PST) ie Parascon ola(Feb 5,2025 14:37 PST) Email: parkscontracts@kentwa.gov Email: jparascondola@kentwa.gov ADM-020525-Consolidated-2025 2026 Rec Guide Final Audit Report 2025-02-10 Created: 2025-02-05 By: KateLynn Jennings(kjennings@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAE2cSmoitvzs311zHHgO5dG3gFh5-aOHp "ADM-020525-Consolidated-2025 2026 Rec Guide" History Document created by KateLynn Jennings (kjennings@kentwa.gov) 2025-02-05-5:20:48 PM GMT Document emailed to Kent Parks (parkscontracts@kentwa.gov)for signature 2025-02-05-5:23:35 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2025-02-05-8:18:55 PM GMT Signer Kent Parks (parkscontracts@kentwa.gov) entered name at signing as Phung Huynh 2025-02-05-8:19:31 PM GMT d Document e-signed by Phung Huynh (parkscontracts@kentwa.gov) Signature Date:2025-02-05-8:19:33 PM GMT-Time Source:server C-► Document emailed to Julie Parascondola (jparascondola@kentwa.gov)for signature 2025-02-05-8:19:38 PM GMT Email viewed by Julie Parascondola (jparascondola@kentwa.gov) 2025-02-05-10:36:56 PM GMT 4o Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date:2025-02-05-10:37:18 PM GMT-Time Source:server Document emailed to Brenda Rossman (bmonk@consolidatedpress.com)for signature 2025-02-05-10:37:22 PM GMT Email viewed by Brenda Rossman (bmonk@consolidatedpress.com) 2025-02-10-3:23:56 PM GMT Adobe Acrobat Sign Document e-signed by Brenda Rossman (bmonk@consolidatedpress.com) Signature Date:2025-02-10-4:09:06 PM GMT-Time Source:server Agreement completed. 2025-02-10-4:09:06 PM GMT Adobe Acrobat Sign