Loading...
21-131.00 Klundt Hosmer: Branding & Communications Audit & Plan Development Contract No. 21-131.00 AGREEMENT FOR SERVICES Klundt Hosmer THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Klundt Hosmer, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2021,unless the time for performance is extended in writing by the Parties. Agreement for Services(without professional liability coverage) Page 1 of 8 Contract No.21-131.00 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant a flat fee of$30,000,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name: Klundt Hosmer(Rick Hosmer) Phone:(509)720-5000 Phone: 509-456-5576 Address: 10210 East Sprague Avenue Address: 216 W. Pacific Ave.,Ste.201, Spokane Valley,WA 99206 Spokane,WA 99201 6. Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Agreement for Services(without professional liability coverage) Page 2 of 8 Contract No.21-131.00 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records,and to make audits of all contracts, invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages described below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with Agreement for Services(without professional liability coverage) Page 3 of 8 Contract No. 21-131.00 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. 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. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, Agreement for Services(without professional liability coverage) Page 4 of 8 Contract No.21-131.00 loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance,Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17.Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attornev's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attomey's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. Agreement for Services(without professional liability coverage) Page 5 of 8 Contract No.21-131.00 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Consultant shall comply with the federal laws set forth in subsection G of this Section 21 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation(WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Consultant, with regard to the work performed by it during this Agreement,shall 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. Consultant shall 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 Consultant for work to be performed under a subcontract,including procurements of materials,or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D.Information and Reports:Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Consultant complies; and/or 2. cancelling,terminating,or suspending the Agreement,in whole or in part. F. Incorporation of Provisions: Consultant shall include the provisions of paragraphs of this Section 21 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto.Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a Agreement for Services(without professional liability coverage) Page 6 of 8 Contract No.21-131.00 means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: 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; 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); Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex); 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; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); 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); 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); 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; 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); 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 Agreement for Services(without professional liability coverage) Page 7 of 8 Contract No.21-131.00 disproportionately high and adverse human health or environmental effects on minority and low-income populations; 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); and 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.). 22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 23. Severability. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,sentence,clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates NN The Parties have executed this Agreement this �ay of 1.041,t`/ — ,20 ZI CITY OF SPOKANE VALLEY Consultant: OnklAiektrt__ Mark Calhoun, City Manager y: Its: Authorized Representative APPROVED AS TO FORM: Office the City tt ey Agreement for Services(without professional liability coverage) Page 8 of 8 EXHIBIT A— SCOPE OF SERVICES Consultant will provide the following services to the City: Phase 1: Branding& Communications Audit The City uses specific tools to brand itself and communicate with its constituents. The City's website, social media posts, email marketing,brochures and other tools must work together to deliver a professional, consistent impression to the City's audiences. Research: The first step of a comprehensive communications audit is the review of existing research and conducting new research(as necessary),to measure public brand awareness and sentiment for the City and its communications. Branding/Communications Audit: Once the research and desired audiences are determined, Kliindt Hosmer(KH)will review and assess campaign designs,website, social media engagement, digital/video marketing, and email communications and marketing. These tools will be measured against the brand awareness and sentiment findings,and recommendations will be made to either better use the City's current tools, or make changes to improve their effectiveness. The deliverable will be a Brand&Communications Audit and Recommendations report. Phase 2: Communications Planning Development Communications Plan: Findings from Phase 1 will enable KH to move forward with Phase 2, which is the development of a Communications Plan. The communications plan defines the organization's marketing goals,markets,and target audiences. The plan will contain audience personas, messaging statements, specific website text content(to be determined), and writing style. Messaging statements will be created for the City's determined audiences. These messages can used throughout the website, and in communications and marketing materials. During this phase,KH will define current benchmarks and goals for website analytics and social media engagement. Communications Calendar: An annual communications calendar will be developed to guide City communications and marketing staff on topics to share based on audiences and when to share those communications, including social media posts,mailings,blogs,press releases and other communications opportunities. The purpose of this calendar is to serve as a plan to promote the City of Spokane Valley brand,increase awareness and engagement, and generate a sense of belonging and pride for residents and businesses in the City. The deliverable will be a Communications Plan Report. 9 EXHIBIT B— FEE PROPOSAL Payment to Klundt Hosmer is based on the following: Type of Work Cost Phase I: Branding &Communications Audit $12,000 Phase II: Communications Plan Development $18,000 Total Total: $30,000 10 �5 n STATE OF WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage August 5, 2021 WA UBI No. 601 154 658 L&I Account ID 593,643-00 Legal Business Name KLUNDT HOSMER DESIGN ASSOC INC Doing Business As KLUNDT HOSMER DESIGN ASSOC INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 2 of Year 2021 "7 to 10 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). TRAVELERS Wrap . Declarations POLICY NO. 106270767 Travelers Casualty and Surety Company of America Hartford, Connecticut (A Stock Insurance Company, herein called the Company) LIABILITY COVERAGES, SEPARATE LIABILITY COVERAGES, AND THIRD PARTY LIABILITY INSURING AGREEMENTS ARE WRITTEN ON A CLAIMS-MADE BASIS AND COVER ONLY CLAIMS MADE AGAINST INSUREDS DURING THE POLICY PERIOD. THE LIMIT OF LIABILITY AVAILABLE TO PAY SETTLEMENTS OR JUDGMENTS WILL BE REDUCED BY DEFENSE EXPENSES, AND DEFENSE EXPENSES WILL BE APPLIED AGAINST THE RETENTION. THE COMPANY HAS NO DUTY TO DEFEND ANY CLAIM UNLESS DUTY-TO- DEFEND COVERAGE HAS BEEN SPECIFICALLY PROVIDED HEREIN. ITEM 1 NAMED INSURED/INSURANCE REPRESENTATIVE: KLUNDT&HOSMER DESIGN ASSOC., INC D/B/A. Principal Address. 216 W. PACIFIC.#201 SPOKANE, WA 99204 ITEM 2 POLICY PERIOD: Inception Date March 26, 2021 Expiration Date. March 26, 2022 12 01 A.M local time both dates at the Principal Address stated in ITEM 1. ITEM 3 ADDRESS INFORMATION FOR NOTICES TO COMPANY: Email BSlclaims@travelers.corn Fax 1-888-460-6622 Mail. Travelers Bond&Specialty Insurance Claim P.O. Box 2989 Hartford, CT 06104-2989 Overnight Mail Travelers Bond&Specialty Insurance Claim One Tower Square, S202A Hartford, CT 06183 For questions related to claim reporting or handling, please call 1-800-842-8496. ITEM 4 COVERAGES INCLUDED AS OF THE INCEPTION DATE IN ITEM 2: ACF-2001 Rev 01-19 Page 1 of 6 2019 The Travelers Indemnity Company. All rights reserved. Liability Coverages(subject to LIA-3001 Terms&Conditions) Employment Practices Liability Fiduciary Liability Miscellaneous Professional Liability Cyber Coverage CyberRisk Other Coverage Identity Fraud Expense Reimbursement ITEM 5 LIABILITY COVERAGES(subject to LIA-3001) EMPLOYMENT PRACTICES LIABILITY Limit of Liability: $250,000 for all Claims Third Party Claim Coverage: ®Applicable ❑ Not Applicable Additional Defense Coverage: Applicable ►2 Not Applicable Additional Defense Limit of Liability: Not Covered for all Claims Retention: $25.000 for each Claim under Insuring Agreement A. $25.000 for each Claim under Insuring Agreement B . if applicable Prior and Pending Proceeding Date: Claims for Wrongful Employment Practices March 26, 2017 Claims for Third Party Wrongful Acts March 26, 2017 Continuity Date: Claims for Wrongful Employment Practices- March 26, 2017 Claims for Third Party Wrongful Acts March 26, 2017 FIDUCIARY LIABILITY Limit of Liability: $1,000,000 for all Claims Settlement Program Limit of Liability: for each Settlement Program Notice. which $250,000 amount is included within, and not in addition to, any applicable limit of liability HIPAA Limit of Liability: $1,000.000 which amount is included within, and not in addition to, any applicable limit of liability Additional Defense Coverage: ❑Applicable ® Not Applicable ACF-2001 Rev 01-19 Page 2 of 6 2019 The Travelers Indemnity Company All rights reserved. Additional Defense Limit of Liability: Not Covered for all Claims Retention: $0 for each Claim under Insuring Agreement A. $0 for each Settlement Program Notice under Insuring Agreement B Prior and Pending Proceeding Date: March 26, 2018 Continuity Date: March 26, 2018 MISCELLANEOUS PROFESSIONAL LIABILITY Limit of Liability: $1,000,000 for each Claim, not to exceed $2.000,000 for all Claims Additional Defense Coverage: EI Applicable ® Not Applicable Additional Defense Limit of Liability: Not Coverec for all Claims Retention: $10,000 for each Claim Prior and Pending Proceeding Date: March 26, 2015 Retroactive Date: March 26, 2015 Continuity Date: March 26, 2015 Professional Services: Graphic design and advertising agency services. OTHER COVERAGES IDENTITY FRAUD EXPENSE REIMBURSEMENT Limit of Insurance: $25,000 per Insured Person for each Identity Fraud Retention: $0 per Insured Person for each Identity Fraud CYBERRISK DECLARATIONS CyberRisk Aggregate Limit:$1,000,000 ACF-2001 Rev 01-19 Page 3 of 6 2019 The Travelers Indemnity Company All rights reserved Liability Limit Retention Privacy and Security $1,000,000 $25,000 Payment Card Costs $1,000,000 Subject to Privacy and Security Retention Media NA NA Regulatory Proceedings $500,000 $25,000 Breach Response Limit Retention Privacy Breach Notification $500,000 $25,000 Computer and Legal Experts $500,000 $25,000 Betterment $100,000 NA Cyber Extortion $500,000 $25,000 Data Restoration $500,000 $25,000 Public Relations $500,000 $25,000 Cyber Crime Limit Retention Computer Fraud $500,000 $25,000 Funds Transfer Frauc $500.000 $25,000 Social Engineering Fraud $100,000 $25.000 Telecom Fraud $100,000 $25.000 Business Loss Limit Retention Business Interruption $500,000 Dependent Business Interruption $100,000 Dependent Business Interruption - $100,000 System Failure Dependent Business Interruption - $100,000 Outsource Provider Dependent Business Interruption - $100,000 Outsource Provider- System Failure Reputation Harm $250,000 $5.000 System Failure $500,000 Additional First Party Provisions Accounting Costs Limit: $25,000 Betterment Coparticipation: 50% ACF-2001 Rev 01-19 Page 4 of 6 ©2019 The Travelers Indemnity Company. All rights reserved. Period Of Restoration 180 days Period Of Indemnity: 30 days Wait Period: 8 hours Knowledge Date March 26, 2017 P&P Date March 26. 2017 Retro Date: N/A Extended Reporting Period Months. 12 Percentage of Annualized Premium: 75 % ITEM 6 PREMIUM FOR THE POLICY PERIOD FOR ALL COVERAGES: $8,630.00 Policy Premium for all purchased Coverages ITEM 7 TYPE OF CLAIM DEFENSE FOR LIABILITY COVERAGES(subject to LIA-3001)AND CYBER COVERAGE: Reimbursement ►A Duty-to-Defend Vanes by Coverage- See Expanded Claim Defense Options Endorsement Only the type of CLAIM DEFENSE marked"®"is included in this policy. ITEM 8 EXTENDED REPORTING PERIOD FOR LIABILITY COVERAGES(subject to LIA-3001): Additional Premium Percentage 75% Additional Months 12 (If exercised in accordance with the applicable EXTENDED REPORTING PERIOD condition) ITEM 9 RUN-OFF EXTENDED REPORTING PERIOD FOR LIABILITY COVERAGES(subject to LIA-3001): Additional Premium Percentage: Not Applicable Additional Months: Not Applicable (If exercised in accordance with the applicable CHANGE OF CONTROL condition) ITEM 10 ANNUAL REINSTATEMENT OF THE LIABILITY COVERAGE LIMIT OF LIABILITY FOR LIABILITY COVERAGES SUBJECT TO LIA-3001: Applicable ® Not Applicable Only those coverage features marked" ® Applicable"are included in this policy ITEM 11 FORMS AND ENDORSEMENTS ATTACHED AT ISSUANCE FOR ALL COVERAGES: ACF-2001 Rev. 01-19 Page 5 of 6 CO 2019 The Travelers Indemnity Company. All rights reserved ACF-7007-0811; AFE-17025-0119; ACF-7006-0511;AFE-19029-0719;AFE-19030-0920; LIA-3001-0109; AFE-16001-0119; EPL-7060-0109; LIA-7097-0109; LIA-19002-1111; LIA-19097-0315, LIA-19137-0517; LIA-4030-0912; EPL-3001-0109; EPL-19020-0712, EPL-19050-0316: EPL-19057-0517; EPL-19058-0517, EPL-19059-0517: EPL-19060-0517;EPL-19063-0319; FRI-3001-0109; FRI-19002-1111; FRI-19030-0712; FRI-19080-0613; FRI-19084-1013; FRI-1 9086-04 1 4, FRI-19097-0616; FRI-19103-0517; MPL-3001-0109: MPL-7017-0109; MPL-7117-0411, LIA-7094-0109, LIA-10001-0610, CYB-16001-0119, CYB-19102-0119: CYB-19104-0219; CYB-19105-0119, CYB-19119-0119; CYB-19123-0519; CYB-19122-0519; IDF-3001-0109; IDF-7019-0110; IDF-7005-0513; IDF-19002-0315; IDF-4017-0109; LIA-5045-1107 ITEM 12 LIABILITY COVERAGE SHARED LIMIT OF LIABILITY FOR LIABILITY COVERAGES (subject to LIA-3001} ❑ Applicable ® Not Applicable N/A for all Claims under the following Liability Coverages that are subject to the Terms& Conditions in LIA-3001 If the Liability Coverages selected in ITEM 12 are also Scheduled Coverages selectee in ITEM 13, then the amount of the Liability Coverage Shared Limit of Liability set forth in ITEM 12 is part of; and not in addition to, the Shared Limit of Liability/Limit of Insurance for Scheduled Coverages set forth in ITEM 13. ITEM 13 SHARED LIMIT OF LIABILITY/LIMIT OF INSURANCE FOR SCHEDULED COVERAGES: ❑ Applicable ® Not Applicable N/A for all Claims and limits of insurance under the following Scheduled Coverages The Company's maximum liability for the Policy Period for all Claims and limits of insurance under the Scheduled Coverages listed in ITEM 13 will not exceed the amount of the Shared Limit of Liability/Limit of Insurance for Scheduled Coverages Any Additional Defense Limit of Liability, Supplemental Personal Indemnification Limit of Liability, or Identity Fraud Expense Reimbursement Limit of Insurance is in addition to. and not part of, the Shared Limit of Liability/Limit of Insurance for Scheduled Coverages PRODUCER INFORMATION: HUB INTL NORTHWEST LLC PO BOX 3144 SPOKANE, WA 99220-3144 IN WITNESS WHEREOF,the Company has caused this policy/bond to be signed by its authorized officers. '..a04114Ci 271 4/104,41 i,(..„) President Corporate Secretary ACF-2001 Rev 01-19 Page 6 of 6 ©2019 The Travelers Indemnity Company. All rights reserved KLUN&HO-01 DMUNYAKA ACOREY DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/31/2021 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 ACT ISGNOW Hub International Northwest LLC PHONE Ext): I(NC,FAX PO Box 3144 Spokane,WA 99220 Miss: INSURER(S)AFFORDING COVERAGE NAIC S _ INSURER A:Travelers Casualty Insurance Company of Amerlc 19046 INSURED INSURER B: Klundt&Hosmer Design Associates,Inc. INSURERC: 216 W.Pacific Avenue,Suite 201 INSURERD: Spokane,WA 99201 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 CONTRACTOR 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 ADM SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD YYVO POLICY NUMBER /MMIDn/yyyy) (MMIDD/YYYYI LIMITS A X COMMERCIAL.GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X 6802J163063 3/24/2021 3/24/2022 PREMISES(EaE rrence) 3 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY jtta LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea aBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $_ OWNED SCHEDULED _ AUTOSRREE�� ONLY AUTOS SSyyNED BBOODILY INJURYO (Per accident) $ AUTOS ONLY AUTOS ONLY (Perr a dent)AGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED j RETENTIONS $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY STATUTE ERH ANY IPE InOO/M IIETOREXRTNERIE ECUTIVE Y/N N/A E.L.EACH ACCIDENT $ (IAandatory NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Hired&Non-Owned Auto 6802J163063 3/24/2021 3/24/2022 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Spokane Valley is an additional insured as regards general liability per attached form CG D2 47 04 19.Coverage is on primary and non-contributory basis per attached form CG T1 00 02 19 and waiver of subrogation applies per attached form CG D8 42 02 19 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue Spokane,WA 99206 AUTHORIZED REPRESENTATIVE d*'I41(' ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-2J163063-21-42 ISSUE DATE: 08/30/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF ADDITIONAL INSUREDS AND COVERED OPERATIONS NAME OF PERSON OR ORGANIZATION: CITY OF SPOKANE VALLEY 10210 EAST SPRAGUE AVENUE SPOKANE WA 99206 PROJECT/LOCATION OF COVERED OPERATIONS: BRANDING & COMMUNICATIONS AUDIT & COMMS PLAN DEVELOPMENT PROVISIONS The insurance provided to such additional insured is subject to the following provisions: The following is added to SECTION II —WHO IS AN INSURED: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum Any person or organization shown in the Schedule limits required by the written contract or Of Additional Insureds And Covered Operations that agreement, the insurance provided to the you agree in a written contract or agreement to additional insured will be limited to such include as an additional insured on this Coverage minimum required limits. For the purposes of Part is an insured, but only: determining whether this limitation applies, the a. With respect to liability for "bodily injury" or minimum limits required by the written contract or "property damage" that occurs, or for "personal agreement will be considered to include the injury" caused by an offense that is committed, minimum limits of any Umbrella or Excess subsequent to the signing of that contract or liability coverage required for the additional agreement and while that part of the contract or insured by that written contract or agreement. agreement is in effect; and This provision will not increase the limits of insurance described in Section III — Limits Of b. If, and only to the extent that, such injury or Insurance. damage is caused by acts or omissions of you or your subcontractor in the performance of "your b. The insurance provided to such additional work" on or for the project, or at the location, insured does not apply to: shown in the Schedule Of Additional Insureds And Covered Operations, to which the written (1) Any "bodily injury", "property damage" or contract or agreement applies. Such person or "personal injury" arising out of the providing, organization does not qualify as an additional or failure to provide, any professional insured with respect to the independent acts or architectural, engineering or surveying omissions of such person or organization. services, including: CG D2 47 04 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) The preparing, approving, or failing to (c) The nature and location of any injury or prepare or approve, maps, shop damage arising out of the "occurrence" drawings, opinions, reports, surveys, or offense. field orders or change orders, or the preparing, approving, or failing to (2) If a claim is made or "suit" is brought against prepare or approve, drawings and the additional insured: specifications; and (a) Immediately record the specifics of the (b) Supervisory, inspection, architectural or claim or"suit"and the date received; and engineering activities. (b) Notify us as soon as practicable and see to it that we receive written notice of the (2) Any "bodily injury" or "property damage" claim or"suit" as soon as practicable. caused by "your work" and included in the "products-completed operations hazard" (3) Immediately send us copies of all legal unless the written contract or agreement papers received in connection with the claim specifically requires you to provide such or "suit", cooperate with us in the coverage for that additional insured during investigation or settlement of the claim or the policy period. defense against the "suit", and otherwise comply with all policy conditions. c. The additional insured must comply with the following duties: (4) Tender the defense and indemnity of any claim or "suit" to any provider of other (1) Give us written notice as soon as practicable insurance which would cover such additional of an "occurrence" or an offense which may insured for a loss we cover. However, this result in a claim. To the extent possible, such condition does not affect whether the notice should include: insurance provided to such additional (a) How, when and where the "occurrence" insured is primary to other insurance or offense took place; available to such additional insured which covers that person or organization as a (b) The names and addresses of any injured named insured as described in Paragraph 4., persons and witnesses; and Other Insurance, of Section IV—Commercial General Liability Conditions. Page 2 of 2 ©2018 The Travelers Indemnity Company.All rights reserved. CG D2 47 04 19 COMMERCIAL GENERAL LIABILITY there is no other similar insurance available scope of their employment by you or to that organization. performing duties related to the conduct 2. The following replaces the last sentence of of your business. Paragraph 3. of SECTION II — WHO IS AN 3. The following replaces the last sentence of INSURED: Paragraph 5. of SECTION III — LIMITS OF For the purposes of Paragraph 1. of Section INSURANCE: II — Who Is An Insured, each such For the purposes of determining the organization will be deemed to be applicable Each Occurrence Limit, all related designated in the Declarations as: acts or omissions committed in providing or a. A limited liability company; failing to provide "incidental medical services", first aid or "Good Samaritan b. An organization other than a partnership, services" to any one person will be deemed joint venture or limited liability company; to be one"occurrence". or 4. The following exclusion is added to c. A trust; Paragraph 2., Exclusions, of SECTION I — as indicated in its name or the documents COVERAGES — COVERAGE A — BODILY that govern its structure. INJURY AND PROPERTY DAMAGE D. INCIDENTAL MEDICAL MALPRACTICE LIABILITY: 1. The following replaces Paragraph b. of the Sale Of Pharmaceuticals definition of "occurrence" in the "Bodily injury" or "property damage" arising DEFINITIONS Section:, out of the violation of a penal statute or b. An act or omission committed in ordinance relating to the sale of providing or failing to provide "incidental pharmaceuticals committed by, or with the medical services", first aid or "Good knowledge or consent of, the insured. Samaritan services" to a person, unless 5. The following is added to the DEFINITIONS you are in the business or occupation of Section: providing professional health care "Incidental medical services" means: services. a. Medical, surgical, dental, laboratory, x- 2. The following replaces the last paragraph of ray or nursing service or treatment, Paragraph 2.a.(1) of SECTION II —WHO IS advice or instruction, or the related AN INSURED: furnishing of food or beverages; or Unless you are in the business or occupation b. The furnishing or dispensing of drugs or of providing professional health care medical, dental, or surgical supplies or services, Paragraphs (1)(a), (b), (c) and (d) appliances. above do not apply to "bodily injury" arising out of providing or failing to provide: 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — (a) "Incidental medical services" by any of COMMERCIAL GENERAL LIABILITY your "employees" who is a nurse, nurse CONDITIONS: assistant, emergency medical technician, paramedic, athletic trainer, This insurance is excess over any valid and audiologist, dietician, nutritionist, collectible other insurance, whether primary, occupational therapist or occupational excess, contingent or on any other basis, therapy assistant, physical therapist or that is available to any of your "employees" speech-language pathologist; or for "bodily injury" that arises out of providing or failing to provide "incidental medical (b) First aid or "Good Samaritan services" services" to any person to the extent not by any of your"employees"or"volunteer subject to Paragraph 2.a.(1) of Section II — workers", other than an employed or Who Is An Insured. volunteer doctor. Any such "employees" or"volunteer workers" providing or failing E. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan The following is added to Paragraph 8., Transfer services" during their work hours for you Of Rights Of Recovery Against Others To Us, will be deemed to be acting within the Page 2 of 3 ©2018 The Travelers Indemnity Company.All rights reserved. CG D8 42 02 19 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY of SECTION IV — COMMERCIAL GENERAL a. "Bodily injury" or "property damage" that LIABILITY CONDITIONS: occurs; or If the insured has agreed in a contract or b. "Personal and advertising injury" caused by agreement to waive that insured's right of an offense that is committed; recovery against any person or organization, we subsequent to the execution of the contract or waive our right of recovery against such person agreement. or organization, but only for payments we make because of: CG D8 42 02 19 ©2018 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 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. o whichever comes first. The unintentional omission of, or unintentional error h If any of the other insurance does not permit in, any information provided by you which we relied s contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurers 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 o of insurance to the total applicable limits of premium or to exercise our rights of cancellation or o 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 'i If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and �o 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: z..' contributory basis, this insurance is primary to other insurance that is available to such insured a. As if each Named Insured were the only •y which covers such insured as a named insured, Named Insured;and c and we will not share with that other insurance, b. Separately to each insured against whom claim 4 provided that: is made or"suit"is brought. a o (1) The"bodily injury'or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs;and To Us c (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any "ti 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 do nothing after loss to impair them.At our request, subsequent to the signing of that contract or s the insured will bring "suit" or transfer those rights C agreement by you. to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew ca. 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 o b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal A 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 notice to the first Named Insured.The due date proof of notice. 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 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office,Inc.with its permission.