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AG 22-087 - FCS GROUPRETURN TO: Mary Jaenicke EXT: 69o1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Jason H. Gerwen EXT: 6910 DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT N PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Park Impact Fee Study 6. NAME OF CONTRACTOR: FCS Group ADDRESS: 7525 166th Avenue NE, Suite D-215, Redmond, WA 98052 TELEPHONE (425) 336-1865 E-MAIL: johng@fcsgroup.com FAX: SIGNATURENAME: John GhilarduCCI TITLE President/Principal EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 12/31/2023 9. TOTAL COMPENSATION $ $41,280 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES e9NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: N/A ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: WA Z2047--1! oD— I g " Li — - ` 10 10. DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED JIG - 717/2022 JE 7/22122 COMMITTEE APPROVAL DATE: N/A INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: N/A 12. CONTRACT SIGNATURE ROUTING Q/��h�Z SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: j�ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) �ZDEPARTMENT GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: JE 7/22/22 -Many comments and recommendations throughout the scope of work especially. The only time frame is the tens of the contract (including for any deliverables, final delivery dates, or milestones). I recommend that a project plan be supplied by the Contractor at the outset of work if no deadlines, even loose targets, will be identified in the scope so all parties can be full aware of expectations and we can make sure things are on track, or correct if they are not. Of course, providing expectations for timing of deliverables in the scope works as well. We just don't want to make any assumptions. ')nni'7 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederal way. com PROFESSIONAL SERVICES AGREEMENT FOR PARK IMPACT FEE STUDY This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and FCS Group, a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: FCS GROUP: John Ghilarducci 7525 166' Avenue N.E., Suite D-215 Redmond, WA 98052 (425) 336-1865 (telephone) johng@fcsgroup.com The Parties agree as follows: CITY OF FEDERAL WAY: Jason Gerwen 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-6912 (telephone) Jason. gerwen@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev. 7/2021 CITY OF CITY HALL Aft�Federal Wa Feder l Avenue South � y Federal Way, WA 98003-6325 (253)835-7000 www. cityoffederal way. com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non--AppEggriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City 1ademnifscation. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the perfonnance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 7/2021 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cRWffederalway. com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limit in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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 excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. -CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS:. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rev. 7/2021 CITY OF CITY HALL Feder l Avenue South � Federal Way, WA 98o03-6325 Federal Way (253) 835-7000 www. cdyvffedera1"y. com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assipment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. otyoffederalmy.com obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 7/2021 CIYY of CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 OA� (253) 835-7000 www.cityof ederaiway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below, CITY OF FEDERAL WAY: ATTEST: Jim ell, ayor S. h ie Courtney, CMC, y Clerk DATE: S FCS GROUP: By: Printed Name: aw N &-wL-+Kb CC 1 Title: f F— (- S I b E ti DATE:ZZ— STATE OF WASHINGTON ) APPROVED AS TO FORM: Ryan Call, Ci . Attorney ) ss. COUNTY OF Y7 q. j On this day personally appeared before me fo h h ��� �' �iCC �r to �e known to be the " of #7 f e 77 + n fiior� AI x ce -known the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 2 day of i •e-mac sf , 20 2 z r0E .M*" - N0.otary's signature _�r -y +-� j: s � � � f Notary's printed name .Q • NOTARY Notary Public in and for the State of Washington. My commission expires (o —/3 — Z� PUBLIC , InAoa . QFASHy����.+ *6pvSSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 CITY of CITY HALL Federal WayFeder l Avenue South Federal Way, WA 98003-6325 (253)835-7000 www.cllyoll'edernlmly com EXHIBIT A SCOPE OF SERVICES The Contractor shall do or provide the following: Task 1— Project Kickoff and Data Collection 1.1 Contractor will Set up project internally in order to be able to provide monthly invoices and progress reports. 1.2 Provide a data needs list to the City by August 20, 2022 in advance of the kickoff meeting and review data to be provided electronically by the City. [The 2019 Parks, Recreation, and Open Space Plan is available on-line.] 1.3 The Parties will meet prior to August 30, 2022 to discuss initial data questions, identify and agree on key policy issues to be addressed, discuss policy objectives, review the proposed timeline/meeting dates and kickoff the study. Key policy issues to be addressed may include but are not necessarily limited to the following: » The potential for applying parks impact fees to non-residential developments » Options for defining methods (e.g., park type, unit of measurement) to calculating existing and future levels of service » Define method for determining capacity added by parks projects Task 1 Deliverables: Kickoff meeting (to be completed by August 30, 2022) Monthly invoices with progress reports (to be delivered to the City by the 5't' of each month) Data needs list (to be sent by to the City by August 20, 2022) Task 2 — Policy Analysis 2.1 Identify policy options. The policy discussion during the kickoff meeting (Task 1.3) will sensitize to the City's policy needs and concerns and will include proposed code revisions, if appropriate. The Contractor will seek policy solutions that meet the City's needs while being consistent with state statute. 2.2 Summarize findings and recommendations in a policy memo. This memo will constitute the Contractor's advice to the City in the development of a park impact fee methodology 2.3 Contractor to provide draft ordinance based upon findings and recommendations included in the policy memo. 2.4 The parties will review the memo and draft ordinance at a (preferably on -site) meeting and jointly identify the policies that will inform the technical analyses. Task 2 Deliverables: Policy Memo and Draft Ordinance to be delivered by September 30, 2022 Task 3 — Technical Analysis 3.1 Estimate existing and future customer base to determine the quantity of growth to be served by existing and future facilities. This calculation will include growth in both population and employment (to facilitate possible fee assessment on non-residential developments). PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF CITY HALL Fe! a ra [ '�Va 33325 8th Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www.crlycfiederatwey. com 3.2 Estimate the eligible cost of existing facilities. To the extent that the City has available capacity in its parks system, at least a portion of the cost of that available capacity can be recovered in the impact fee. 3.3 Estimate the eligible cost of planned projects. To the extent that planned parks projects will serve new users (rather than cure existing deficiencies), at least a portion of the cost of those projects can be recovered in the impact fee. Any deviations from the existing capital facilities plan element of the City's comprehensive plan will be identified for further action amending that plan. 3.4 Calculate the impact fee schedule and propose the overall funding plan. • The Contractor will use U. S. Census data on housing occupancy to calculate impact fees for residential land uses. • Contractor will also use a demand -based residential equivalency to calculate impact fees for application on non-residential land uses. • The funding plan the Contractor will develop and provide the City will define fair -market value park impact fees that should be accessed on new development projects to offset the financial impact on parks and open spaces. 3.5 Review the technical analysis with City staff at up to two (preferably on -site) meetings. Additional feedback may be provided via email or phone, outside of the scheduled meetings. 3.6 Revise analysis after review with City staff. Task 3 Deliverables: Analysis spreadsheet and report or explanatory writeup that provides the background, rationale, and additional description of the spreadsheet to be delivered by October 15, 2022 Task 4 - Communication 4.1 Deliver draft report. The draft report will document all findings and recommendations related to the calculation of the park impact fee. The City will have an opportunity to review the document and suggest refinements. 4.2 Present findings and recommendations. The Contractor will distill the draft report to a set of PowerPoint slides and deliver up to three presentations to audiences of the City's choice. For example, one presentation could be to a stakeholder group such as the master builders, and another two presentations could be to the City Council (perhaps once at a work session, if appropriate, and once at the first reading/public hearing prior to adoption). 4.3 Draft ordinance. Draft the implementing ordinance that would establish the code section and park impact fee methodology. The draft ordinance will be reviewed and finalized by the City Attorney prior to proposal. If the methodology includes any deviations from the City's adopted capital facilities plan element of the comprehensive plan, those will be noted for Council action amending the plan. 4.4 Deliver final report. The final version will reflect the feedback that was solicited in Task 4.1. Task 4 Deliverables: Initial Draft report and PowerPoint to be delivered by October 24, 2022 Contractor to participate in FEDRAC Presentation October 25, 2022 Revised Draft Report and Draft ordinance to be delivered by November 1, 2022 Contractor to participate in PRHSPS Presentation November 8, 2022 Final report to be delivered by December 9, 2022 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 CITY of CITY HALL 4*4�Fe d e ra I Wa 33325 8th Avenue South 0Federal Way, WA 98003-6325 (253) 835-7000 www. Wyoffederal way. com EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty -One Thousand Two Hundred Eighty and NO/100 Dollars ($41,280.00) 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Task Detail On Site Ghilarducci, Principal Senior Analyst Admin. Support Total Hours Budget Estimate Task 1: Project Kickoff and Data Collection 1.1 Setup and manage project 8 4 12 $2,600 1.2 Request and review data 2 8 10 $1,800 1.3 Facilitate remote kickoff meeting 2 4 6 $1,180 Task 1 Subtotal 0 12 12 4 28 $5,580 Task 2: Policy Analysis 2.1 Identify policyoptions 4 4 8 $1,740 2.2 Summarize policy analysis in memo 4 16 20 $3,600 2.3 Review memo with City staff and assess options 1 4 4 8 $1,740 Task 2 Subtotal 1 12 24 0 36 $7,080 Task 3: Technical Analysis 3.1 Estimate existing and future customer base (growth) 2 4 6 $1,180 3.2 Estimate eligible cost of existing assets 1 4 5 $900 3.3 Estimate eligible cost of planned projects 4 24 28 $4,840 3.4 Calculate impact fee schedule and funding plan 1 8 9 $1,520 3.5 Review technical analysis with City staff 2 8 8 16 $3,480 3.6 Review analysis after review with City staff 2 4 6 1 $1,180 Task 3 Subtotal 2 18 52 0 70 $13,100 Task 4: Communication 4.1 Deliver draft report 2 24 26 $4,280 4.2 Present findings and recommendations 3 12 12 24 $5,220 4.3 Draft ordinance 4 24 28 $4,840 4.4 Deliver final report 2 4 6 $1,180 Task 4 Subtotal 3 20 64 0 84 $15,520 Labor Total 17,360 23,560 360 $41 280 Budget Estimate $41 280 Cost Summary Total Hours Billing Rate 62 280 152 155 4 90 218 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 BUSINESS LICENSE � f•\l I C)F Profit Corporation FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FCS GROUP 7525 166TH AVE NE STE D215 REDMOND WA 98052-7871 UNEMPLOYMENT INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE CITY ENDORSEMENTS: Issue Date: Jul 15, 2022 Unified Business ID #: 601098550 Business ID #: 001 Location: 0002 Expires: Jul 31, 2023 INDUSTRIAL INSURANCE - ACTIVE KELSO GENERAL BUSINESS - NON-RESIDENT #6010106 - ACTIVE PASCO GENERAL BUSINESS - NON-RESIDENT #29935 - ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS - NON-RESIDENT #45707 - ACTIVE KIRKLAND GENERAL BUSINESS - NON-RESIDENT #OBL-0000717 - ACTIVE BELLINGHAM GENERAL BUSINESS #026486 - ACTIVE BLAINE GENERAL BUSINESS - NON-RESIDENT - ACTIVE ISSAQUAH GENERAL BUSINESS - NON-RESIDENT #BUS03-00726 - ACTIVE NEWCASTLE GENERAL BUSINESS - NON-RESIDENT - ACTIVE OLYMPIA GENERAL BUSINESS - NON-RESIDENT #8159 - ACTIVE PORT TOWNSEND GENERAL BUSINESS - NON-RESIDENT #7769 - ACTIVE RICHLAND GENERAL BUSINESS - NON-RESIDENT - ACTIVE SAMMAMISH GENERAL BUSINESS - NON-RESIDENT (EXPIRES 3/31/2023) - ACTIVE SPOKANE VALLEY GENERAL BUSINESS - NON-RESIDENT - ACTIVE SULTAN GENERAL BUSINESS - NON-RESIDENT (EXPIRES 2/28/2023) - ACTIVE SUMNER GENERAL BUSINESS - NON-RESIDENT - ACTIVE }lrltu t11, C" !, I, Iln rt ,.I;­ul',ni-:n,-;.I.- .nnl L� i ,,!lug„ � , , I i;,; !In• I,:i,iur.,- ILlllli-i! , I".'.,• i;, .;, i Ilia,'h'' ui u�. iil_ (lu• Ii, •.; i o , i I I'll- 0,,- ,,, I1n .11wiu .•,.i� , u,ii�li tr, lini ,:n�!.u, �n:�lc ;n Ilrr I�<�-I �,! fih.,�r !u•i Lnn�nh•�!;�r nu�l 1!i,11 Lu.i��r�.- »ill !n- ��inllit Irr: in ui nlili.�ni �r. i:h .iii dJW V,.r'linn't��u -i.:;� ,r.�uiil�. .ror•. i.i.�h��i r.. UBI: 601098550 001 0002 FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FCS GROUP 7525 166TH AVE NE STE D215 REDMOND WA 98052-7871 ST,-,TE .,. l'v t. ji.1 N''G 10I,: UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE KELSO GENERAL BUSINESS - NON-RESIDENT #B010106 - ACTIVE PASCO GENERAL BUSINESS - NON-RESIDENT #29935 - ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS - NON-RESIDENT #45707 - ACTIVE KIRKLAND GENERAL BUSINESS - NON-RESIDENT #OBL-0000717 - ACTIVE BELLINGHAM GENERAL BUSINESS Expires: Jul 31, 2023 BUSINESS Profit Corporation FINANCIAL CONSULTING SOLUTIONS GROUP, INC. FCS GROUP 7525 166TH AVE NE STE D215 REDMOND WA 98052-7871 CITY ENDORSEMENTS: LICENSE Issue Date: Jul 15, 2022 Unified Business ID #: 601098550 Business ID #: 001 Location: 0002 Expires: Jul 31, 2023 WOODINVILLE GENERAL BUSINESS - NON-RESIDENT - ACTIVE VANCOUVER GENERAL BUSINESS - NON-RESIDENT - ACTIVE SPOKANE GENERAL BUSINESS - NON-RESIDENT #T12051365BUS - ACTIVE SEATAC GENERAL BUSINESS - NON-RESIDENT - ACTIVE MERCER ISLAND GENERAL BUSINESS - NON-RESIDENT #200500 - ACTIVE FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT - ACTIVE YAKIMA GENERAL BUSINESS - NON-RESIDENT (EXPIRES 2/28/2023) - ACTIVE BURIEN GENERAL BUSINESS - NON-RESIDENT #07358 - ACTIVE REDMOND GENERAL BUSINESS #RED88-000135 - ACTIVE BREMERTON GENERAL BUSINESS - NON-RESIDENT #30878 - ACTIVE OAK HARBOR GENERAL BUSINESS - NON-RESIDENT (EXPIRES 4/30/2023) - ACTIVE LICENSING RESTRICTIONS: No person, or business, or those under their control, shall cause or allow the discharge of unauthorized pollutants (e.g. chemicals, oils, detergents, or wastewater) into a City of Redmond storm water drainage system, surface water bodies or groundwater. Not licensed to hire minors without a Minor Work Permit. Ili- �..,� ui�n .�I�.�.. Ihi �r -I r,�.i�, �ii�lni-•n:rnf .. nn�� �u .i�� .. rtli. �� i��� 11, L,,,n�� n�un�-i!: 4n •t C. I?c ,.. ���liii:':�a.:l��i nn,��iil,(!iri{�rn�r�•ii�.'.ilir�llir initii uinl�u�u nii 'L�•.i�,��1�,�.�,1� ,•,.�, � ��,�i�irlrte, I� ur� ,�iu! .��, innl�• i�, :lii L�...I :�I hl� r r Lrr I•,nnv.i��il��r,.uirl !h.tl I-u.inr,�. �,•, ifi L� — _... . •�U.a it I�-u iii nlil��il �i n� i;l� .l� ,i�i���: �.?lily_ l�.glil u:'i�n� a,.. .. (ii�nl�. ,nil il� i pil�.�iini�`• 171rp.[u7. [.]Pprp17enl Pivivnus, S T;-, E C"� ....c.l 1 -,C-T_'.. FINANCIAL CONSULTING UNEMPLOYMENT INSURANCE - SOLUTIONS GROUP, INC. ACTIVE FCS GROUP INDUSTRIAL INSURANCE - ACTIVE 7525 166TH AVE NE STE D215 TAX REGISTRATION - ACTIVE REDMOND WA 98052-7871 KELSO GENERAL BUSINESS - NON-RESIDENT #13010106 - ACTIVE PASCO GENERAL BUSINESS - NON-RESIDENT #29935 - ACTIVE BAINBRIDGE ISLAND GENERAL BUSINESS - NON-RESIDENT #45707 - ACTIVE KIRKLAND GENERAL BUSINESS - NON-RESIDENT #OBL-0000717 - ACTIVE BELLINGHAM GENERAL BUSINESS Expires: Jul 31, 2023 71.,E .��- IMPORTANT! PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE POSTING THIS LICENSE General Information Endorsements Post this Business License in a visible location at your All endorsements should be renewed by the expiration place of business. date that appears on the front of this license to avoid any late fees. If you were issued a Business License previously, destroy the old one and post this one in its place Login to My DOR at dor.wa-go if you need to make changes to your business name, location, mailing address, telephone number, or business ownership. Telephone: 360-705-6741 If there is no expiration date, the endorsements remain active as long as you continue required reporting. Tax Registration, Unemployment Insurance, and Industrial Insurance endorsements require you to submit periodic reports. Each agency will send you the necessary reporting forms and instructions. For assistance or to request this document in an alternate format, visit hrip://business.wa.gov/BLS or call (360) 705-6741. Teletype (TTY) users may use the Washington Relay Service by calling 711. BLS-700-107 (07/27/20) ACQ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/1212022 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHINSTROM & NORMAN INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 638 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kirkland, WA 98083 4 2 5 827 - 62 0 0 INSURERS AFFORDING COVERAGE NAIC# INSURED FINANCIAL CONSULTING SOLUTIONS INSURERA- LIBERTY MUTUAL INS. CO. GROUP, INC. INSURERB: 7525 166TH AVENUE NE, STE #D-215 INSURERC: REDMOND, WA 98052 INSURER D: I INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR WrL IN&RD TYPE OF INS URANgEPOLICY NUMBER POLICY EFFECTNE DATE WW1)DfYYI POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 PREMISES Eaaccuienca $ 1,000,000 ]f: COMMERCIAL GENERAL LIABILITY CLAIMSMADE a OCCUR MEDEXP(Any one person) $ 15,000 A BKW58035312 09/20/21 09/20/22 PERSONAL aADVINJURY $ 1,000,000 NO DEDUCTIBLE GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY x PEST F1 LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ee accident)r $ 1,000000 BODILYINJURY (Per person) $ ALLOWNED AUTOS SCHEDULED AUTOS A. X X HIRED AUTOS NON-OWNEDAUTOS BAA58035312 09/20/21 09/20/22 BODILYINJURY (PeracGdenl) $ RNO PROPERTY DAMAGE (Peraxldent) $ I DEDUCTIBLE GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHERTHAN EAACC AUTOONLY. AGG $ ANYAUTO $ EXCESS/UMBRELLA LIABILITY ][ OCCUR 7 CLAWSMADE EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2 ppp 0 0 0 US058035312 09/20/21 09/20/22 S $ A DEDUCTIBLE S X RETENTION S 10,000 A WORKERS COMPENSATION AND ANY PR0PAIETORIPAR'YNLl3RlE]�ECUTIVE EMPLOYERS' LIABILITY ANY PRO OFFFFICINMEMBEREXCLUDED? Ifyes. describe under SPECIAL. PROVISIONS below BKW58035312 WASH. STOP GAP 09/20/21 09/20/22 X I WC T RYLATUT ER E.LEACHACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE S 1,000P000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 OTHER BUSINESS SPEC FORM RC A PERSONAL BKW58035312 09/20/21 09/20/22 $30,752 LIMIT PROPERTY $500 DEDUCTIBLE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: OPERATIONS THE CERTIFICATE HOLDER(S) ARE INCLUDED AS PRIMARY ADDITIONAL INSURED PER ATTACHED FORM CG8810 AND INCLUDES WAIVER OF SUBROGATION. L.CT[ i IrILaH CITY OF FEDERAL WAY 33325 8TH AVE. S. FEDERAL WAY, WA 98003-6325 (;ANL:tLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL '45 DAYS WRITTEN. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /1 / ACORD 25 (2001/08) 0ACORD CORPORATION 1988 �In CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SHINSTROM & NORMAN INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 638 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Kirkland, WA 98083 INSURERS AFFORDING COVERAGE INSURED FINANCIAL CONSULTING SOLUTIONS INSURERa GROUP, INC. INSURER B: 7525 166TH AVENUE NE, SUITE D-215 INSURERC: REDMOND, WA 98052 INSURERD: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION JR TYPE OF INSURANCE POLICY NUMBER DA7 MIDD!YY DATEWMIDDIM LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one firo) S CLAIMS MADE OCCUR MED EXP (Any one person) S PERSONAL & ADV INJURY S GENERAL AGGREGATE S L AGGREGATE LIMIT APPLIES PER: M'POLICYF—] PRODUCTS - COMPIOP AGG S ?RO- ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ee accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S S AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ a DEDUCTIBLE S RETENTION $ S WORKERS COMPENSATION AND TpRY LATITS T' EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 5 E.LDISEASE- EAEMPLOYEE S E.L. DISEASE -POLICY LIMIT I S A OTHER $2,000,000 EACH CLAIM PROFESSIONAL 0955OB21AAPLQ 09/20/21 09/20/ 22 $4,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSIVEHiCLESIEXCLUSIONS ADDED 13Y EN DORS EMENTIS PEC IAL PROVISIONS RETROACTIVE DATE: 7/26/1988 wuWn IVr maurcev; aYOUKCK LC ICK: 4FI IYLCLI-A11LAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL g,C; DAYS WRITTEN 33325 8TH AVE. S. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TO DO SO SHALL FEDERAL WAY, WA 98 0 03 — 6325 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 2" (7/97) 0 ACORD CORPORATION 1988 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to cant' persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to cant' persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1 - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section If - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If -ocoverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section: IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 7/20/22, 10:42 AM Registered trade names Status F C S G Active FCS GROUP Active FCS GROUP, INC. Active FINANCIAL CONSULTING Active SOLUTIONS GROUP, INC. Washington State Department of Revenue First Issued Jul-07-2004 Aug-30-1988 Nov-22-2004 Nov-22-2004 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/20/2022 10:42:25 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/#3 414 7/20122, 10:42 AM Washington State Department of Revenue Endorsements held z License # Count De Status Expiration dF First issuance Kirkland General OBL-000C Active Jul-31-2023 May-15-201 F ` Business - Non - Resident Mercer Island 200500 Active Jul-31-2023 Jun-05-2020 General Business - Non -Resident Newcastle General Active Jul-31-2023 Apr-14-2020 Business - Non - Resident Oak Harbor Active Apr-30-2023 Apr-14-2022 General Business - Non -Resident Olympia General 8159 Active Jul-31-2023 Feb-01-1996 Business - Non - Resident Pasco General 29935 Active Jul-31-2023 Sep-03-2016 Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people Title CHASE, EDWIN GHILARDUCCI, JOHN VIRNOCHE, ANGIE Registered Trade Names Registered trade names Status hftps:/Isecure.dor.wa.gov/gteunauth/­,/#3 First issued 3/4 7/20/22, 10:42 AM Washington State Department of Revenue Endorsements held s License # Count De Status Expiration de First issuance Bainbridge Island 45707 Active Jul-31-2023 Mar-27-2018 General Business - Non -Resident Bellingham 026486 Active Jun-04-2001 General Business Blaine General Active Jul-31-2023 Jan-01-1994 Business - Non - Resident Bremerton General 30878 Active Jul-31-2023 Jan-01-2012 Business - Non - Resident Burien General 07358 Active Jul-31-2023 Nov-14-2002 Business - Non - Resident Federal Way Active Jul-31-2023 Jul-13-2022 General Business - Non -Resident Friday Harbor Active Jul-31-2023 Jan-29-2021 General Business - Non -Resident Issaquah General BUS03-OC Active Jul-31-2023 Sep-09-2006 Business - Non - Resident Kelso General B010106 Active Jul-31-2023 Oct-18-2018 Business - Non - Resident https://secure.dor.wa.gov/gteunauth/_/#3 214 7/20/22, 10:42 AM Washington State Department of Revenue �,6 1 < Business Lookup https: C:7 License Information: New search Back to results Entity name: FINANCIAL CONSULTING SOLUTIONS GROUP, INC. Business FCS GROUP name: Entity type: Profit Corporation UBI #: 601-098-550 Business ID: 001 Location ID: 0002 Location: Active Location address: 7525 166TH AVE NE STE D215 REDMOND WA 98052-7871 Mailing address: 7525 164TH AVE NE STE D215 REDMOND WA 98052-7807 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 2 Endorsements Filter Endorsements held i License # Count De v atus '/secure. dor.wa.gov/gteunauth/ /#3 Expiration dz First issuance 1/4 N N Q U) CN a U) w 0 Z w w 0 CD z w w N a N a F F rZ A 0-4 F z N tn 0 00 z A vi �A �COO) 4�z 1411 �x a� U tj eq a� O Q O LL z Cw7 Q w W U) 3 w w F W F 00 r N 0 o, A 0 A N w z req 0� 0 CIO t— 0