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AG 22-140 - ARROWS SIGN PRINTING & GRAPHICS, INC DBA MINUTEMAN PRESS
I RETURN TO: PW ADMIN EXT: 2700 ID #: 4330 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Environmental Services 2. ORIGINATING STAFF PERSON: Rebecca KOyar EXT: 2761 3. DATE REQ. BY: 11 /28/22 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION G3 CONTRACT AMENDMENT (AG#): 22-140 ❑ INTERLOCAL ❑ OTHER PROJECT NAME: Printing and Distribution of Outreach Project Materials 5. NAME OF CONTRACTOR: Arrows Sign Printing & Graphics, Inc. dba Minuteman Press ADDRESS: 32700 Pacific Hwy S, Ste 4 TELEPHONE: 253-661-3626 E-MAIL: federalwaV(aminutemanLlresS.com FAX: SIGNATURE NAME: Yona Swan Seo TITLE: EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/311 UBI # _ EXP. / / 7. TERM: COMMENCEMENT DATE: 12/1 /2022 COMPLETION DATE; 6/30/24 S. TOTAL COMPENSATION: $ 76,403 + 20,000 = $95,403 (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: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: c RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 106-3200-250-537-10-492 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED 6 PROJECT MANAGER RRK/11/9/23 11 DIVISION MANAGER RVO 11-14-2023 d DEPUTY DIRECTOR DSW 11114/23 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) d LAW DEPT TMW 11/15/23 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: 11. CONTRACT SIGNATURE ROUTING INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 11/29/23 DATE REC' D: 12/v2023 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR i 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.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT JLAW DEPT rNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED COMMENTS: ❑ vrnr r•rc . '1 R Note: Per Finance, printing is a service, -im ZTZ 1 /2020 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway. com AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINTING AND DISTRIBUTION OF OUTREACH PROJECT MATERIALS This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Arrows Sign Printing & Graphics, Inc dba Minuteman Press, a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Printing and Distribution of Outreach Project Materials ("Agreement") dated effective December 15, 2022, as amended by Amendment Nos. 1 and 2 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than June 30, 2024 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-2 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, 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 Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 4/2023 Cl" OF CITY HALL Federal Way Feder 8th Avenue South Federal Way: WA 98003-6325 (253) 835-7000 www.. cilyoffedeFal way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: + Jim e ell,Nfiyor DATE: % Ztle ATTEST: �Vr�•v Uphdme Courtney, CMC, ity Clerk APP VED AS TO F RM: Ryan Call, City Attorney f ARROWS SIGN PRINTING & GRAPHICS, INC dba MINUTEMAN PRESS: By: Printed Name:y6� Title: Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KINQ ANN-MARIE YOUNG Notary Public State of Washington Commission Number 23006956 My Commission Expires 09/22/2026 On this day personally appeared before me Yo (Ig SeQ , to me known to be the o1N n e r of Arrows Sim Printin & graphics, Inc dba Minuteman Press that executed the within and 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 or 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 3 O day of NOvember , 2023, Notary's signature ann-''j3icriy. Notary's printed name Ann —bane ,-Wng _ Notary Public in and for the State of Washington. My commission expires 09/221202(0 AMENDMENT - 2 - 4/2023 A�kCITY d e ra I CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com EXHIBIT A-2 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Print, fold, stuff, and mail letters regarding sidewalk maintenance and repair to Federal Way residents. AMENDMENT - 3 - 4/2023 CITY OF r. Federal Way EXHIBIT B-2 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www0yoffederalway com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand and 00/100 Dollars ($19,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Ninety -Five Thousand Four Hundred and Three and 00/100 Dollars ($95,403.00). 2. Method of Compensation: Postage (bulk) for #10 envelope, 15,000 Units = $5,250.00 1-page trifold 80# smooth text, Full color single sided, #10 envelope (2 colors), individual address labels = Unit price: $0.41 (assuming 15,000 Units) Subtotal: $6,175.40 Tax: $623.72 Total: $6,799.12 AMENDMENT - 4 - 4/2023 11/14/23, 4:23 PM Corporations and Charities System BUSINESS INFORMATION Business Name: ARROWS SIGN PRINTING & GRAPHICS, INC UBI Number: 604 201 300 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 32700 PACIFIC HWY S STE 4, FEDERAL WAY, WA, 98003-6446, UNITED STATES Principal Office Mailing Address: 32700 PACIFIC HWY S STE 4, FEDERAL WAY, WA, 98003-6446, UNITED STATES Expiration Date: 12/31/2023 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 12/11/2017 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: SHKGROUP, PLLC Street Address: 2340 130TH AVE NE, STE 202, BELLEVUE, WA, 98005-1763, UNITED STATES Mailing Address: 2340 130TH AVE NE, STE 202, BELLEVUE, WA, 98005-1763, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name GOVERNOR INDIVIDUAL YONG HWAN Last Name SEO hftps://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 11/14/23, 4:23 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: ARROWS SIGN PRINTING &•GRAPHICS, INC Business MINUTEMAN PRESS name: Entity type: Profit Corporation UBI #: 604-201-300 Business ID: 001 Location ID: 0001 Location: Active Location address: 32700 PACIFIC HWY S STE 4 FEDERAL WAY WA 98003-6446 Mailing address: 32700 PACIFIC HWY S STE 4 FEDERAL WAY WA 98003-6446 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held a License # Count De'. ; �Status Expiratior First issua y https://secure.dor.wa.gov/gteunauth/—/#3 1/2 11/14/23, 4:23 PM Washington State Department of Revenue Endorsements held i License # Count Details Status Expiratior First issua Federal Way 18-10125, General Business Active Dec-31-21 Apr-03-2( Governing People May include governing people not registered with Secretary of State Governing people Title SEO, YONG HWAN Registered Trade Names Registered trade names Status MINUTEMAN PRESS Active First issued Dec-20-2017 The Business Lookup information is updated nightly. Search date and time: 11/14/2023 4:23:36 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/_/#3 2/2 RETURN TO: PW ADMIN EXT: 2700 ID #: 4258 RCANNE) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC WORKS / Environmental Services 2. ORIGINATING STAFF PERSON._: Rebecca KOvar EXT: 2761 3. DATE REQ. BY: 6/16/2023 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): 22-140 ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Printing and Distribution of Outreach Project Materials 5. NAME OF CONTRACTOR: Arrows Sign Printing & Graphics, Inc. dba Minuteman Press ADDRESS: Arrows Sign Printings & Graphics. Inc. dba Minuteman Press - TELEPHONE: 253-661-3626 E-MAIL: federalwav(a)minutemanoress.com FAX: SIGNATURE NAME: Yong Swan SEo TITLE: 6. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION p INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # 11.8-10125846 [it., EXP. 12/31/ 23 UBI # 604-201-300 , EXP. / / 7. TERM: COMMENCEMENT DATE: 1 1 /22/22 COMPLETION DATE: 12/31 /2023 8. TOTAL COMPENSATION: $ $40,000+36,403 = $76,403 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES d NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: Q RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 106-3200-250-537-10-492 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 6 PROJECT MANAGER RRK 6/7123 6 DIVISION MANAGER RVO 6/7/2023 8 DEPUTY DIRECTOR DSW 6/7/23 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 6/8/2023 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 6/9/23 DATE REC- D, 6/14/23 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 8 LAW DEPT 01'I'S 8SIGNATORY (MAYOR OR DIRECTOR) 8CITY CLERK❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED DATE SENT: r. COMMENTS: EXECUTE"2 " ORIGINALS Note: Per Finance, printing is a service. 1 '_0?0 CITY OF CITY HALL 33325 8th Avenue Federal Way, 98003 -6325FederaWay (253)835-7000 www.cityoffederalway.com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINTING AND DISTRIBUTION OF OUTREACH PROJECT MATERIALS This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Arrows Sign Printing & Graphics, Inc dba Minuteman Press, a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Printing and Distribution of Outreach Project Materials ("Agreement") dated effective December 15, 2022, as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, 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 an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY of CITY HALL Fe d erai Islay Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cqu ffederahvay corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: I= errell, V DATE: S A 3 ARROWS SIGN PRINTING & GRAPHICS, INC. dba MINUTEMAN PRESS: By: Printe Name: _ V-P Title: Date: STATE OF WASHINGTON ) } ss. COUNTY OF j� ATTEST: �,Albw- NAIY S ha ie Courtney, CM ity Clerk AP ROVED AS TO F RM: Ryan Call, City Attorney On this day personally appeared before me }erYj,(� ek t-44r , to me known to be the of �� L — L� la o— e-, that executed the foregoing instrument, and acknowledged the said instrumenI to be the frv� and vofunury act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were 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 IVA day of c � , 20 .. Notary's signature Notary's printed name JIN SEONG LEE Notary Pub is in and for the State of Washington. NOTARY PUBLIC My commission expires G ` STATE OF WASHINGTON License Number 1325E8 MY Commission Expires 45I3112026 AMENDMENT - 2 - 3/2017 CITY OF CITY HALL F`e d e ra l WayA44 33325 Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.citynfroderahmy com EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Print and mail postcards promoting recycling information to Federal Way residents as follows: 37,000 8.5 x 5.5" Bagged Recycling postcard, 4/4, discount) (Job ID 12067) Unit Price: $0.20 Subtotal: $7,538.74 Tax: $761.41 Total: $8,300.15 80# Mohawk 100% Recycled cover (-10% chamber 37,000 8.5 x 5.5" Incorrect Plastics postcard, 4/4, 80# Mohawk 100% Recycled cover (-10% chamber discount) (Job ID 12066) Unit Price: $0.20 Subtotal: $7,538.74 Tax: $761.41 Total: $8,300.15 74,000 Postage and Mailing Services for two postcards, 37,000 ea. (Job ID 12074) Unit Price: $0.26 Subtotal: $19,560.06 Tax: $242.41 Total: $19,802.47 Component 1 of 3: Postage Estimate for Incorrect Plastics (tax exempt): $8,580.00 Component 2 of 3: Postage Estimate for Bagged Recycling postcard (tax exempt): $8,580.00 Component 3 of 3: Mailing Services for both postcards: $2,400.06 Mailing Services for Bagged Recycling and Incorrect Plastics postcards: List Data, Sorting, Bundling, Traying, Delivery to post office AMENDMENT -3- 3/2017 CITY Federal W ay EXHIBIT B-1 ADDITIONAL COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cflyoffederalway. com 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty -Six Thousand Four Hundred Three and 00/100 Dollars ($36,403.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Seventy -Six Thousand Four Hundred Three and 00/100 Dollars ($76,403.00). 2. Method of Compensation: Contractor shall bill the City, and compensation will be paid to the Contractor in the amounts above upon successful completion of each task. Postage charges will be paid prior to mailing, in order to allow for the purchase and printing of postage for the postcards. AMENDMENT - 4 - 3/2017 Washington State Department of Revenue < Business Lookup 171 License Information: New search Back to results Entity name: ARROWS SIGN PRINTING & GRAPHICS, INC Business MINUTEMAN PRESS name: Entity type: Profit Corporation UBI #: 604-201-300 Business ID: 001 Location ID: 0001 Location: Active Location address: Mailing address: 32700 PACIFIC HWY S STE 4 FEDERAL WAY WA 98003-6446 32700 PACIFIC HWY S STE 4 FEDERAL WAY WA 98003-6446 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held i License # Count Details Federal Way 18-10125 General Business Status Expiratioi First issua Active Dec-31-21 Apr-03-2( Governing People May include governing people not registered with Secretary of State Governing people Title SEO, YONG HWAN Registered Trade Names Registered trade names Status MINUTEMAN PRESS Active First issued Dec-20-2017 The Business Lookup information is updated nightly. Search date and time: 6/7/2023 1:18:52 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported •'' �ea�D CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 3/29/2023 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(Ees) 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 Securum, I,I,C PO Box 82882 Kenmore WA 98028 CONIACI NAME: Sue Choe PHONE. -Ax NC. No Fxt : (206) 315-7984 (A/C, Nnl, 998-959-6393 AnDRess: suec@securuminsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Mutual of Enumclaw Insurance Company 14761 INSURED Arrows Sign Printing & Graphics Inc DBA Minuteman Press Federal Way 32700 Pacific Hwy S Ste 4 FEDERAL WAY WA 98003 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F . rnVFRA[.FS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDIYYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y Y BOP0021209 5/l/2023 5/l/2024 EACH OCCURRENCE 1,000.000 PREMISES (Ea I'toccurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: JEC]7 LOC A ❑ POLICY JECT ❑ OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS XHIRED v NON -OWNED AUTOS ONLY A AUTOS ONLY Y Y BOP002209 5/l/2023 5/1/2024 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ TIROPER7717AMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DIED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4NY PROPRIETOR/PARTNER/EXECUTIVE Y / N DFFICER/MEMBER EXCLUDED? 'Mandatory In NH) •f yes, describe under DESCRIPTION OF OPERATIONS below NIA Y WA Stop Gap - BOP0021209 5/l/2023 5/l/2024 - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ I,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Property Location: 32700 Pacific Hwy S Ste 4 Federal Way, WA 98803 - Printing Shop. City of Federal Way is listed an additional insured. CFRTIFIrATE HOI DFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way Finance Department ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 33325 8th Avenue South Federal Way WA 99003 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CITY OF CITY HALL Federal Way Feder l Avenue South r Federal Way, WA 98003-6325 (253) 835-7000 www.ci4vffep'er moy..com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR PRINTING AND DISTRIBUTION OF OUTREACH PROJECT MATERIALS This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Arrows Sign Printing & Graphics, Inc dba Minuteman Press, a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Printing and Distribution of Outreach Project Materials ("Agreement") dated effective December 15, 2022, as follows: 1. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement, shall be amended to include, in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-1, 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 an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF ,oz,4111 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cr[}uf ederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: rrre ayar DATE: C4 ARROWS SIGN PRINTING & GRAPHICS, INC. dba MINUTEMAN PRESS: By: P ed Name: Title: Date: STATE OF WASHINGTON ) } ss. COUNTY OF i ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO F . Y4,an Call, City Attorney //Z,-� On this day personally appeared before me 7'071V ff��9ep to me known to be the 7 �^ YP of .J �.I; t atecuted the foregoing instruh ent, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were 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 /4� day of �� 20 . Notary's signature JIN SEGNG LEE Notary's printed name STATNOTARY OF ASHINGTON Notary Public in and for e State of Washington. License Number 1325W My commission expires MY Ccmmrsslon Ewes 45r 0426 AMENDMENT - 2 - 3/2017 CITY OF Federal Way EXHIBIT A-1 ADDITIONAL SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cifyoffedereA,vay.com The Contractor shall do or provide the following in addition to Services in previous Exhibits: Print and mail postcards promoting recycling information to Federal Way residents as follows: 37,000 8.5 x 5.5" Bagged Recycling postcard, 4/4, discount) (Job ID 12067) Unit Price: $0.20 Subtotal: $7,538.74 Tax: $761.41 Total: $8,300.15 80# Mohawk 100% Recycled cover (-10% chamber 37,000 8.5 x 5.5" Incorrect Plastics postcard, 4/4, 80# Mohawk 100% Recycled cover (-10% chamber discount) (Job ID 12066) Unit Price: $0.20 Subtotal: $7,538.74 Tax: $761.41 Total: $8,300.15 74,000 Postage and Mailing Services for two postcards, 37,000 ea. (Job ID 12074) Unit Price: $0.26 Subtotal: $19,560.06 Tax: $242.41 Total: $19,802.47 Component 1 of 3: Postage Estimate for Incorrect Plastics (tax exempt): $8,580.00 Component 2 of 3: Postage Estimate for Bagged Recycling postcard (tax exempt): $8,580.00 Component 3 of 3: Mailing Services for both postcards: $2,400.06 Mailing Services for Bagged Recycling and Incorrect Plastics postcards: List Data, Sorting, Bundling, Traying, Delivery to post office AMENDMENT -3 - 3/2017 ITY OF cFed r 11N CITY HALL `� 33325 8th Avenue South a Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Thirty -Six Thousand Four Hundred Three and 00/100 Dollars ($36,403.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Seventy -Six Thousand Four Hundred Three and 00/100 Dollars ($76,403.00). 2. Method of Compensation: Contractor shall bill the City, and compensation will be paid to the Contractor in the amounts above upon successful completion of each task. Postage charges will be paid prior to mailing, in order to allow for the purchase and printing of postage for the postcards. AMENDMENT - 4 - 3/2017 RETURN TO: PW ADMIN EXT: 2700 ID #: 4162 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Environmental Services 2. ORIGINATING STAFF PERSON: Rebecca KOyar EXT: 2761 3. DATE REQ..BY: 11 /18/22 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 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 4. PROJECT NAME: -Printing and Distribution of Outreach Project Materials 5. NAME OF CONTRACTOR: Arrows Sign Printing & Graphics, Inc. dba Minuteman Press ADDRESS: 32700 Pacific Hwy S, Ste 4 TELEPHONE: 253-661-3626 E-MAIL; federalwav(@minutemanr)ress.com FAX: SIGNATURE NAME: Yom Swan Seo TITLE: 6. EXHIBITS AND ATTACHMENTS: p SCOPE, WORK OR SERVICES ❑ COMPENSATION © INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 7. TERM: COMMENCEMENT DA f f :: COMPLETION DATE: 1 2/31 /2023 8. TOTAL COMPENSATION: $ 40,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 13 YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: d YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND•PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 106-3200-250-537-10-492 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED d PROJECT MANAGER d DIVISION MANAGER RVO / 10-21-2022 8 DEPUTY DIRECTOR osW 10/26/22 I DIRECTOR EJW 11/14/2022 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT KVA 11/8/2022 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: V O 12 L 12.2 DATE REC' D: 11 2 Z 22- ❑ 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.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ,e'LAW DEPT V eg'ISTGNATORY (MAYOR OR DIRECTOR) y 4-1/CII-Y CLERK WTV /o ASSIGNED AG # AGE# ~ LIO ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: I EXECUTE.-." ORIGINALS Note: Per Finance, printing is a service. 1/2020 CITY OF CITY HALL Fe d e ra i Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.Wyoffederalway com PROFESSIONAL SERVICES AGREEMENT FOR PRINTING AND DISTRIBUTION OF OUTREACH PROJECT MATERIALS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington -municipal corporation ("City"), and Arrows Sign Printing & Graphics, Inc dba Minuteman Press, 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: ARROWS SIGN PRINTING & GRAPHICS, INC dba CITY OF FEDERAL WAY: MINUTEMAN PRESS: Garvaundo Hamilton 32700 Pacific Hwy S, Ste 4 Federal Way, WA 98003-6446 253-661-3626 (telephone) federalway(a—iminutemanoress. com The Parties agree as follows: Rob Van Orsow 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2770 (telephone) (253) 835-2709 (facsimile) .corn 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, shill, 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 tunes, 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 t30) 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 A*4! ,�S� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www alyoffederalway 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 -Appropriation 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 claiins caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.1-4.115, 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 Indemnification. 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 performance 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 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway 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 sender 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 Federal edaral Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. Wyoffederal way. 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 ifthis 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 farms 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 Sao 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 hatter 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 Assignment 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 Federal VI/ay CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway 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 jriailing. 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 tinder 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 Iaw: however, nothing in this paragraph shall be construed to Iimit 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 forma 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 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253), 835-7000 www cityoffederal way. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: t Jim F ell,Mafor ATTEST: W r� S e Courtney, CMC, Chyllerk APPROVED AS TO FORM: Ll — P/ —" J yan all, City Atto ARROWS SIGN PRINTING & GRAPHICS, INC dba MINUTEMAN PRESS: Printed ame: 14wav S 2 v Title: Pre //�C�v1-- DATE: 6 Z / l Z l z 0 Z- 2- STATE OF WASHINGTON ) ) ss. COUNTY OF S oiAWI-r� On this day personally appeared before me 6 4,qw S�eo to me known to be the Jesi e of y)rro s: rjtf ics. T that executed 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. WEN my hand and qffici 1 this I2z% day of Oeonw20?1 NOTARY PUBLIC STATE OF WASHI~I(iITON tary's signature MICHELLE J. KIM tary'sprinted name Ur. NO. 1328M Notary Public in and for the State of Washington. My APpolroffmIrd EXPkW My commission expires / 2. 2 / — T_a� DECEMBER 21, 2023 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 7/2021 4% CITY OF Federal Way EXHIBIT A SERVICES 1. The Contractor shall do or provide the following: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. crtyoffedeTalway.. com Print and mail two postcards with City -authorized postcard graphics promoting recycling opportunities for Federal Way residents. Task 1: Postcard one: Promotion of one doorstep collection event for hard -to -recycle items. • Print 39,167 post cards. • 38,917 postcards will be addressed using Contractor -purchased list of Federal Way resident addresses. + Mail via United States Postal Service. • Remaining 250 postcards will be delivered to Federal Way City Hall for dissemination by outreach staff. s Target drop date at USPS: December 9, 2022 Task 2: Postcard two: Advertising six Federal Way environmental opportunities and services. 9 Print 39,917 post cards. • 38,917 postcards will be addressed using Contractor -purchased list of Federal Way resident addresses. • Mail via United States Postal Service. • 1,000 postcards will be delivered to Federal Way City Hall for dissemination by outreach staff. • Target drop date at USPS: December 16, 2022 Contractor shall complete all work related to Task 1 and Task 2 before December 23, 2022. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 7/2021 CITY OF .L Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityofiederalway com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty Thousand and 00/100 Dollars ($40,000.00). Compensation by task shall be as follows: Task 1: January Ridwell Event Postcard Printing 39,167 Postcards 6"x 9" 4/4 (Full Color I Double Sided) 80# Gloss Cover 30% Recycled paper Component 1 of 2: Printing Printing - 39,167 Pieces, Offset Printing, 2 Up, 4 colors front 4 colors back Digital Imposition 4 Kodak Plates 1 Kodak Special Mix & Wash 6Cut to6x9 Printing Total $8,200.00 Component 2 of 2: Mailing Mailing - 38,917 Pieces. Every Door Direct Mail (EDDM) usage included in price Delivering 250 Pieces to City Estimated Mailing Total $9 622.74 Subtotal: $17, 822.74 Tax on Printing: $828.20 Task 1 Total: $18,650.94 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 7/2021 2 CITY OF .�- Federal Way Task 2: Environmental Services Education Postcard Printing and Mailing 39,917 Postcards 6"x 9" 4/4 (Full Color I Double Sided) 80# Gloss Cover 30% Recycled paper Component 1 of 2: Printing Printing — 39,917 Pieces, Offset Printing, 2 Up, 4 colors front 4 colors back Digital Imposition 4 Kodak Plates 1 Kodak Special Mix & Wash 6Cut to6x9 Component 2 of 2: Mailing Mailing — 38,917 Pieces. Every Door Direct Mail (EDDM) usage included in price Delivering 1,000 Pieces to City Method of Compensation: Printing Total Estimated Mailing Total Subtotal: Tax on Printing: Task 2 Total: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffedemlway. com $9,622.74 $18,422.74 $888.80 $19,311.54 Contractor shall bill the City, and compensation will be paid to the contractor in the amounts above upon successful completion of each task. PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 7/2021 A4� h® CERTIFICATE OF LIABILITY INSURANCE DATE1/DD/YYYY) zn/zo22 2/7 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 Securum, LLC PO Box 82882 Kenmore WA 98028 NAME: Sue Choe PHONE 06) 315-7984 A/C, No); 888-959-6393 ADDRESS: suec@securuminsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Mutual of Enumclaw Insurance Company 14761 INSURED Arrows Sign Printing & Graphics Inc DBA Minuteman Press Federal Way 32700 Pacific Hwy S Ste 4 FEDERAL WAY WA 98003 INSURER B : INSURER C : INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDIYYYY) (MMIDDIYYYY) LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ERI OCCUR Y Y BOP0021209 5/l/2022 5/1/2023 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence) S 100,000 MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PE� ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO AUTOS ONLY OWNED SCHEAUTOS DULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y Y BOP002209 5/l/2022 5/1/2023 (Ea accldew) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ A NORKERS COMPENSATION 4ND EMPLOYERS' LIABILITY YIN 4NY PROPRIETOR/PARTNER/EXECUTIVE DFFICER/MEMBER EXCLUDED? ❑ I;Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y WA Stop Gap - BOP0021209 5/l/2022 5/1/2023 - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Property Location: 32700 Pacific Hwy S Ste 4 Federal Way, WA 98803 - Printing Shop. City of Federal Way is listed an additional insured. City of Federal Way Finance Department 33325 8th Avenue South Federal Way WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 5 tom• C k-&1- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD