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AG 19-240 - FIRST STUDENT, INCRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I . ORIGINATING DEPT./DIV: CITY OF FEDERAL WAY - PARKS & RECREATION 2. ORIGINATING STAFF PERSON: ASHRIYA GUPTAR EXT: 6950 3. DATE REQ. BY: 11/22/23 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E,G, BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 19 CONTRACT AMENDMENT (AG#): 19-240 ❑ INTERLOCAL ❑ OTHER S. PROJECT NAME: CHARTER BUS TRANSPORTATION SERVICES - AMMENDMENT NO.4 6. NAME OF CONTRACTOR: FIRST STUDENT INC. ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES It COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON EXECUTION COMPLETION DATE: DUNE 1ST 2024 9. TOTAL COMPENSATION $ 57,000 (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 ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ©RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 2 PURCHASING: PLEASE CHARGE TO: 001-7200-352-571-14-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED © PROJECT MANAGER KL 11/17/23 ❑ DIRECTOR at ❑ RISK MANAGEMENT (IF APPLICABLE) 9 LAW TMW 11/1703 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ 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 AW DEPARTMENT 12 L SIGNATORY (MAYOR OR DIRECTOR) �❑ L CITY CLERK ❑ ASSIGNED AG# 41 to, COMMENTS: 2/2017 CITY OF CITY HALL ... e8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835-7000 www. cityoffederaM ay com AMENDMENT NO. 4 TO GOODS AND SERVICES AGREEMENT FOR CHARTER BUS TRANSPORTATION SERVICES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Student, Inc., a foreign 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 Charter Bus Transportation Services ("Agreement") dated effective December 11, 2019, as amended by Amendment No(s). 1, 2 and 3 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 1, 2024 ("Amended Term"). 2. AMENDED COMPENSATION. The compensation, as referenced by Section 4 of the Agreement, shall be amended to change the rate or method of payment, as delineated in Exhibit B-4, 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. 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 fall 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 CITY OF CITY HALL S Federal Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwv atyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: M FIRST STUDENT, C.: By: Printed Name: Michael Petrucci Title: SVP, General Counsel & Secretary Date: / 1 • 7 Z 3 STATE OF OHIO ) ) ss. COUNTY OF Hamilton ) ATTEST: 4E tep e ourtney, MC, City Clerk APPROVED AS TO FORM: yan Call,qttorney On this day personally appeared before me Michael Petrucci , to me known to be the SVP, General Counsel & Secretary of First Student, Inc. 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 under my hand and official seal this Notary's signature Notary's printed name AMENDMENT day of /0/,Cember , 20 23. Andrew Pueh Notary Public in and for the State of Ohio. coission expires .S Zo -2-oz Gi •q !1 .- II eo V ANDREW WESLEY PUGH Notary Public. State of Ohio My Commission Expires 05-20-2024 4/2023 CITY OF CITY HALL AN Fe d e ra Iay 33325 8th Avenue South 4!Federal Way, WA 98003-6325 (253) 835-7000 www_ alyoffederahvay com EXHIBIT B-4 AMENDED COMPENSATION Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor as shown below: $510 for a minimum of 3 hours (47/71 passenger Yellow School Bus) + $50 Cleaning Fee ($170 for each additional hour) $635 for a minimum of 3 hours (56/83 passenger Yellow School Bus) + $50 Cleaning Fee ($170 for each additional hour) AMENDMENT -3- 4/2023 11/13/23, 10:10AM Corporations and Charities System BUSINESS INFORMATION Business Name: FIRST STUDENT, INC. UBI Number: 601258 746 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 191 ROSA PARKS STREET, SUITE 800, CINCINNATI, OH, 45202, UNITED STATES Principal Office Mailing Address: 191 ROSA PARKS STREET, SUITE 800, CINCINNATI, OH, 45202, UNITED STATES Expiration Date: 09/30/2024 Jurisdiction: UNITED STATES, DELAWARE Formation/ Registration Date: 09/14/2007 Period of Duration: PERPETUAL Inactive Date: Nature of Business: LAIDLAW EDUCATION SERVICES - PROVIDES SCHOOL BUS AND CHARTER TRANSPORTATION SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: C T CORPORATION SYSTEM Street Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES Mailing Address: 711 CAPITOL WAY S STE 204, OLYMPIA, WA, 98501-1267, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name GOVERNOR INDIVIDUAL JOE GOVERNOR INDIVIDUAL MICHAEL L. GOVERNOR INDIVIDUAL JOHN Last Name SCHWADERER PETRUCCI KENNING https://cefs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1 11/13/23, 10:09 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: FIRST STUDENT, INC. Business FIRST STUDENT name: Entity type: Profit Corporation UBI #: 601-258-746 Business ID: 001 Location ID: 0010 Location: Active Location address: 7400 8TH AVE S SEATTLE WA 98108 Mailing address: 600 VINE ST STE 1400 CINCINNATI OH 45202-2426 i Excise tax and reseller permit status: Click here Secretary of State status: Click here n New search Back to results Governing People May include governing people not registered with Secretary of State Governing people Title https://secure.dor.wa.gov/gteunauth/_/#2 1/3 11M /23, 10:09 AM Governing people KENNING, JOHN PETRUCCI, MICHAEL L. SCHWADERER, JOE Registered Trade Names Registered trade names Status FIRST STUDENT INC Active FIRST STUDENT INC. Active GREY GOOSE BUS LINES Active LAIDLAW EDUCATION Active SERVICES LAIDLAW TRANSIT INC. Active LAIDLAW TRANSIT, INC. Active THE GRAY LINE OF Active VICTORIA VICTORIA TOURS Active Washington State Department of Revenue Title First issued Feb-05-2019 Jan-31-2019 Sep-29-1997 Aug-16-1999 Aug-10-1992 Apr-17-1991 Sep-29-1997 Sep-29-1997 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 11/13/2023 10:09:41 AM https://secure.dor.wa.gov/gteunauth/_/#2 2/3 11/13/23, 10:09AM Washington State Department of Revenue 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/—/#2 3/3 CERTIFICATE OF LIABILITY INSURANCE E(MM/DD/YYYY) 11/21/2023 If 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 Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA CONTACT NAME: (A/C. PHONE . Ext): (866) 283-7122 FA jac.No.): (800) 363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: AXIS Surplus Insurance Company 26620 First Student Inc 191 Rosa Parks Street, 8th Floor Cincinnati OH 45202 USA INSURER B: Old Republic Insurance company 24147 INSURER AIU Insurance Company p Y 19399 INSURERD: National Union Fire Ins co of Pittsburgh 19445 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570102785154 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, Limits shown are as uested INSR LTR TYPE OF INSURANCE ADbL INSR SUBR WVD POLICY NUMBER POLICY EFT (MM/DDIYYYY) POLICY E%P (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y MwzY 16 37 04/01/2023 04/01J 024 EACHOCCURRENCE $10,000,00 CLAIMS -MADE OCCUR nM18Es(Ea acmTO orerce) $10, 000, 000 MED EXP (Any one person) PERSONAL&ADV INJURY $10,000,00 GEN'L AGGREGATE LI MIT APPLIES PER GENERALAGGREGATE $10,000,000 PX LOC OLICY X JEC ECT PRODUCTS - COMP/OPAGG $10,000,00 OTHER: B AUTOMOBILE LIABILITY Y Mw-rB 316836 23 AOS 04/01/2023 04/01/2024 COMBINED SINGLE LIMIT (Ea accident) $10 , 000 , 00 BODILY INJURY( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIREDAUTOS 'NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE (Per accident) UMBRELLALWB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED I RETENTION C C WORKERS COMPENSATION AND EMPLOYERS' LUlBILITY YIN ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER N NIA WC015824929 AOS WC015824930 04/01/2023 04/Ol/2023 04/01/2024 04/Ol/2024 PER STATUTE OTH- XI IER EL EACH ACCIDENT $5,000,000 E L DISEASE -EA EMPLOYEE $5 , 000, 000 (Mandatory In NH) CA It yes, ds7crih0 under DESCRIPTION OF OPERATIONS below E L DISEASE -POLICY LIMIT $ 5 , OOO , OOO D Excess Workers compensation XWC1647407 04/01/2023 04/01/2024 EL Each Accident $5,000,000 SIR applies per policy terins & condi:ions EL Disease - Policy $5,000,000 F —L EL Disease - Ea Emp I I $5,000,000 — DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Ir more space is required) sexual Abuse and Molestation Coverage included under the General Liability Policy. RE: Location Number: 20229. city of Federal way, 876 S. 333rd St., Federal way, WA 98003 is included as Additional Insured in accordance with the policy provision of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION 0 w SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal way AUTHORIZED REPRESENTATIVE Attn: Kimberly Ledyard 33325 8th Ave. S. t� Federal Way WA 98003 USA a ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks ofACORD AGENCY CUSTOMER ID: 570000088924 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Central, Inc. First Student Inc POLICY NUMBER See Certificate Number: 570102785154 CARRIER I NAIC CODE See Certificate Number: 570102785154 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES Ifa policy below does not include limit information, refer to the corresponding policy on theACCIRD certificate farm for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS WORKERS COMPENSATION C N/A wc015824931 WI 04/01/2023 04/01/2024 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ' 7 EVIDENCE OF COMMERCIAL PROPERTY INSURANCE DATE (MMIDDIYYYY) 11/21/2023 'THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS (UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER 'THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, I PHONE (866) 283-7122 COMPANY NAME AND ADDRESS NAICNO: 19437 CONTACTPERSON ANDADDRESS Lexington Insurance Company Aon Risk Services Central, Inc. c/o Swett & Crawford Chicago IL office 200 North Creek 200 East Randolph Suite 800 Chicago IL 60601 USA Atlanta GA 30327 USA IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH A/c No : (800) 363-0105 ADDRIESS, CODE: I SUB CODE: POLICY TYPE Commercial Property LOAN NUMBER POLICY NUMBER AGENCY 570000088924 NAMED INSURED AND ADDRESS First student Inc 191 Rosa Parks Street, 8th Floor 025031395 Cincinnati OH 45202 USA EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 7/1/2023 7/1/2024 TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION (ACORD 101 may be attached if more space is required) x0 BUILDING OR x BUSINESS PERSONAL PROPERTY LOCATIONID ES CRIPT10N RE: City of Federal way Goods & Services Agreement Amendment - Charter Bus Transportation Services. 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I IBASIC I IBROAD I (SPECIAL IX I All Risk - subiect t0 Exclusions COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $10,000,000 Loss Limit DED: $100, 000 YES NO NIA X BUSINESS INCOME RENTAL VALUE X If YES, LIMIT: Included Actual Loss Sustained; # of months: BLANKET COVERAGE X If YES, indicate value(s) reported on property identified above $10,000,000 TERRORISM COVERAGE X Attach signed Disclosure Notice / DEC IS THERE ATERRORISM-SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? x LIMITED FUNGUS COVERAGE X If YES, LIMIT: $1, 000, 000 DED: $100,000 FUNGUS EXCLUSION ( If "YES", specify organization's form used) X REPLACEMENT COST x Replacement Cost AGREEDAMOUNT x COINSURANCE X IIf YES, % EQUIPMENT BREAKDOWN (IfApplicable) X IIfYES,LIMIT: $10,000,000 DED: $100,000 ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg x llf YES, LIMIT: $10,000,000 DED: $100,000 -DemolitionCosts incr Cost of Construction X jilf YES, LIMIT: $10,000,000 DED: $100,000 - Incr, Cost of Construction if YES 11MIT: DED: EARTH MOVEMENT (If Applicable) X IIfYES, LIMIT: $10,000,000 DED: See Attached FLOOD(IfApplicable) X IIfYES, LIMIT: $10,000,000 DED: See Attached WIND/ HAIL INCL X YES ONO Subject to DiIferent Provisions: If YES, LIMIT: Included DED: See Attached NAMED STORM INCL YES ED NOStNecltoDifferent Provislons: If YES, LIMIT: $10,000,000 DED: See Attached PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS x a CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST CONTRACT OF SALE MORTGAGEE LENDER'S LOSS PAYABLE LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS NAMEANDADDRESS City of Federal way Attn: Trisha Plucknett 33325 8th Ave. South Federal way WA 98003 USA AUTHORIZED REPRESENTATIVE © 2003-2015 ACORD CORPORATION. All rights reserved. ACORD 28 (2016103) The ACORD Name and Logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000088924 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. First Student Inc POLICY NUMBER See Certificate Number 570102780842 CARRIER NAIC CODE See Certificate Number 570102780842 I EFFECTIVE DATE: ADDITIONAL REMARKS 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 28 FORM TITLE: Evidence of Commercial Property Insurance Deductibles Deductibles: EARTH MOVEMENT - $ 100,000 Per occurrence, except as follows: 5% of Total insurable values at the time of the loss at each Insured Location involved in the loss or damage, subject to a minimum of $250,000 any one Occurrence for all covered loss or damage arising out Of Earth Movement in the California, Hawaii, Alaska, Mexico and/or Puerto Rico. NAMED STORM - $ 100,000 Per Occurrence, except as follows: - 5% of Total Insurable values at the time of the loss at each insured Location involved in the lossor damage, subject to a minimum of $100,000 any one occurrence for all covered loss or damage arising out of Named storm in a Tier 1 High Hazard wind zone (Consisting of Texas to North Carolina, Hawaii, Puerto Rico, U.S. Virgin Islands, Virginia to Maine, and Florida.) FLOOD - $ 100,000 Per occurrence, except as follows: - 5% of Total insurable values at the time of the loss at each Insured Location involved in the loss or damage, subject to a minimum of $1,000,000 any one occurrence for all covered loss or damage arising out of Flood at any property wholly or partially within a special Flood Hazard Area (sFHA) at the time of the loss as defined by the Federal Emergency Management Agency (FEMA). ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 3. 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 • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION Ill CONTRACT AMENDMENT (AG#): 19-240 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Charter Bus Transportation Services 6. NAME OF CONTRACTOR: First Student, Inc .__ ...................._...................... ......................�_.__ ADDRESS: .............. ........................�.�.�.. TELEPHONE �e... ...n., E-MAIM.,: FAX: �............ SIGNATURE NAME: TITLE Chief Financial O ...f..c..e.r .,. m..... . 7. EXHIBITS AND ATTACHMENTS: Aj SCOPE, WORK OR SERVICES IJ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE A, I ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: December 31, 2023 9. TOTAL COMPENSATION $ 57,000,00 ($19,000.00 additional) (INCLUDE EXPENSES AND SALES TAX, IF ANY) IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES � AND HOLIDAY RATES) REIMBURSABLE EXPENSE: [--]YES CAI NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES IDNO IF YES $ y . ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: 1 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-7200-352-571-14-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER Kl- 9/15/22 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW jrc 9/22122 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING INITIAL / DATE APPROVED, COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D; ❑ 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.) ❑ LAW DEPARTMENT A SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: I IAL/ DATE SIGNED ....;. Iq 1M. r ------------ 17 Cory 1� II u Y IHAU 3325 St a Avenue So uftu deral Way, � i aamuo ry .ark (253,) 335-7000 ir�uwr��r'rtlt°:�t"a �va�au'��ap!e`a�ays AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR CHARTER BUS TRANSPORTATION SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Student, Inc., 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 Charter Bus Transportation Services ("Agreement") dated effective December 11, 2019 as amended by Amendment No(s). 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 December 31, 2023 ("Amended Term"). 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-3, 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. 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 CrrY HALL II IMMIW �99 E AvenueSouth 1 III Fed r , A 8003....5 'uWwlo III (2i 6357CI0 ww, a pAt :a rm Jk,alwrra,y corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: m� wm �M J�h Nita ry Parks Jig°c gym° )h°nie Courtney, CMC, ;ity Clerk APPROVED AS TO FORM: CW, - " Q - Q J. Ryan Call, City Attorney FIRST STUDENT, INC.: By: , Scott Spivey, Chief Financi V flicel, Date: A : � �"�........1� STATE OF OHIO) ) ss. COUNTY OF H iami i_ On this day personally appeared before me Scott Spivey, to me known to be the Chief Financial Officer of First Student, Inc. 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. GIVEN my hand and official seal this ` day of „ . 2022 Notary's signawi-e _....... .._ .. Notary's printed name t ....._ ._.__ rY'1 �—� Notary Piiblic in anti for the State of *i-igK,)n.64t0 MARY E My commission expires " LI—oc I H LISY Notary Public State of Ohio o ° m� ,'•"? MY Comm. Expires X October 8, 2025 AMENDMENT 2 - 3/2017 ITT OF UT' I I A pp 332 tea Avenue South nFea l Way IF d� Way, WA 98003-6325 a��tww�awP�artl`�� rrC:��rk�l��,y,a�aaM'�� EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand and NO/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 Fifty -Seven Thousand and NO/100 Dollars ($57,000.00). 2. Method of Compensation: Contractor agrees to offer a ten percent (10%) discount on all charter bus transportation services. Prices before discount are as follows: 42/65 passenger buses will be billed at $418.00 for the first three (3) hours, then $139.00 for each additional hour. 56/83 passenger buses will be billed at $493.00 for the first three (3) hours, then $139.00 for each additional hour. A $40.00 COWD cleaning fee will be billed for every bus every trip. AMENDMENT -3- 3/2017 DATE(MMlDD(YYYY) CERTIFICATE OF LIABILITY INSURANCE 04(09(2022 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). CON PRODUCER NAMEf {T (866) 283-7122 WW Aon Risk Services Central, Inc. NAfuw Chicago IL office (A/C. No. Ext) AfC, No ), (800) 363-0105 200 East Randolph E-MAIL Chicago IL 60601 USA ADDRESS: d INSURER(S) AFFORDING COVERAGE ( NAIC INSURED .--.......... INSURER A: Old RepUbl i C insurance Company 2,41.47 First Student inc INSURER B: National union Fire Ins Co o f.µP_.. Pittsburgh 5 19445 600 Vine Street 5uilte•. 1,100 INSURER C: AIU Insurance Company 19399 Cincinnati OH 45202 USA ....".... ."" �"""""..... INSURER D: INSURER E: ............ ....... ..... INSURER F. , COVERAGES CERTIFICATE NUMBER: 57000244 72r REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED t"O THE PNSURED 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. Limits shown are as requested. LTR TYPE OF INSURANCE IfdSL1 Vf9 POLICY NUMBER MM OMYYYy {�pry,q/DMYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ' MW ! EACH OCCURRENCE $10,000,000 CLAIMS -MADE OCCUR PREMISES fEa occurrence $10,000,000 MED EXP (Any one person) Excluded PERSONAL & ADV INJURY $10,000,000 N GENERALAGGREGATE $10,000,000..... GEMLAGGREGATELIMITAPPLITSPER: POLICY EJECT EXLOC PRODUCTS -COMP/OP AGG $10,000,000 OTHER: A AUTOMOBILE LIABILITY Y MWT6 316836 22 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $10, 000, 000 rn ADS Ee accldt tS X ANYAUTO BODILY INJURY ( Per person) OWNED ..SCHEDULED BODILY INJURY (Per accident) w AUTOS ONLY ....... AUTOS _ WNED HIRED AUTOS NON -OWNED . PROPERTY DAMAGE V .....�....-ONLY AUTOS ONLY (Per accident) .i UMBRELLA LIAB OCCUR EACH OCCURRENCE II EXCESS LIAB JCLAIMS-MADE AGGREGATE ED RETENTION C WORKERS COMPENSATION AND WC35901759 04/01/2022 04476172621X PER STATUTE OTH- EMPLOYERS' LIABILITY Y./ N ADS EF C ANY PROPRIETOR/ PARTNER/EXECUTIVE N E.L. EACH ACCIDENT $5,000,000 N/A WC35901757 04/01{2022 04/01/2023 OFFICER/MEMBER EXCLUDED.' (Mandatoryin NH) CA E.L. DISEASE -EA EMPLOYEE $5 , 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below •—••••• --- E.L. DISEASE -POLICY LIMIT $5 , 000, 000 Excess WC WC1647327 04/01/2022 04/01/2023 EL Each Accident $5,000,00 --- SIR applies per policy terms & conditions EL Disease Policy $5,000„000 E EL Disease Ea Emp $5,000,000f DESCRIPTIONOF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, AddRional Remarks Schedule, may be attached if more space is required) I Sexual Abuse and Molestation coverage included under the General Liability Policy. RE: Location Number: 20229. City of Federal way is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile ":. Liability policies. CERTIFICATE HOLDER CANCELLATIONF �. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal way AUTHORIZED REPRESENTATIVE u Attn: Kimberly Ledyard 33325 l w Ave. S. Federal way WA 98003 USA WI � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000088924 LOC #: k-w�- ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY 1 NAMED INSURED Aon Risk Services Central, Inc, First Student Inc POLICY NUMBER see Certificate Number: 570092449727 CARRIER NAIC CObE See Certificate Number: 570092449727 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for p o INSR LTR TYPE OF INSURANCE ADDL INSD • '• SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE POdLICY...... EXPIRATION BATE LIMITS (MM/DD/YYYY) (MM/DD/YYYY) WORKERS COMPENSATION C N/A wc35901758 04/01/2022 04/01/2023 wi OTHER A Excess Auto Lia MWZX31683822 04/01/2022 04/01/2023 Each $15,000,000 $15M x $10M Occurrence Aggregate $15,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD yy'y) EVIDENCE OF COMMERCIAL PROPERTY INSURANCEF'im4/o-5'/-'2o22 THIS EVIDENCE OF COMMERCIAL PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. PRODUCER NAME, I PHONE ONE (866) 283-7122 COMPANY NAME AND ADDRESS 1� NAIC NO: 19437 CONTACTPERSON AND ADDRESS LALC�AO�Ext�� I—- ..... Lexington insurance company . .... Aon Risk Services central, Inc. c/o Swett & Crawford Chicago IL office 200 North creek 200 East Randolph suite 800 Chicago IL 60601 USA Atlanta GA 30327 USA FAX No): ADDRESS: (800) 363-0105 EwMAIL IF MULTIPLE COMPANIES, COMPLETE SEPARATE FORM FOR EACH (AJC1 CODE: SUB CODE: POLICY TYPE AGENCY 570000088924 commercial Property CUSTOMER ID__. . ...... NAMED INSURED AND ADDRESS LOAN NUMBER POLICY NUMBER First Student Inc 600 vine Street 025031395 Suite 1400 Cincinnati OH 45202 USA EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 4/1/2022 4/1/2023 F_j TERMINATED IF CHECKED ADDITIONAL NAMED INSURED(S) THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION (ACORD 101 may be attached if more space Is required) E]BUILDING OR =BUSINESS PERSONAL PROPERTY LOCATION/DESCRIPTION 'RE: City of Federal way Goods & services Agreement Amendment - Charter BUS Transportation Services. I iTHE POLICIES OF INSURANCE CIESTRUNE—LOWHAVE BEENASSOE rd-WIE- IN RIED NAMES ABOVE FOR THE POLICY PERIOD INDICATED. I NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF �PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED I I BASIC I I BROAD ]SPECIAL�X � All Risk subject to Exclusions COMMERCIAL PROPERTY COVERAGE AMOUNT OF INSURANCE: $10,000,000 Loss Limit DIED: $100,000 YES NO N/A Loss Sustained; # of months: BUSINESS INCOME RENTALVALUE x IfYES,LIMIT: Included rAdi-l" —B,L"' A,"N-K,, E-T" COVERAGE _X If YES, indicate value(s) reported on property iden[ilied above $10,000,000 'TERRORISM COVERAGE X Attach signed Disclosure Notice DEC IS THERE A TERRORISM -SPECIFIC EXCLUSION? X IS DOMESTIC TERRORISM EXCLUDED? x LIMITED FUNGUS COVERAGE x If YES, LIMIT, $1,000,000 DED: $100,000 FUNGUS EXCLUSION ( If "YES", specify organization's form used) X REPLACEMENT COST X Replacement Cost IAGREED AMOUNT x COINSURANCE X If YES, 'N" EQUIPMENT BREAKDOWN (If Applicable) uWW x If YES, LIMIT: $10,000,000 DED: $100,000 . ........ . ..... ORDINANCE OR LAW - Coverage for loss to undamaged portion of bldg x If YES, LIMIT: $10,000,000 DED: $100,000 Demolition Costs incr cost of construction _x If YES, LIMIT: $10,000,000 DIED: $100,000 Incr. Co .. ............................. st of Construction If YES, LIMIT: DED: (D 0 X rn 0 Z EARTH MOVEMENT (If Applicable) x If YES, LIMIT: $10,000,000 DED: See Attached FLOOD (If Applicable) X If YES, I IMIT: $10,000,000 DED; see Attached Included DED, See Attached WIND / HAIL)NCL oy�_ =NO SuIcIefn to Different Provisions: If YES, LIMIT: --------- NAMED STORM INCL ®YES =NO Subjectto Different Provisions: — --- — ------ If YES, LIMIT: $10,000,000 DED see Attached _S PERMISSION TO WAIVE SUBROGATION IN FAVOR OF MORTGAGE HOLDER PRIOR TO LOSS X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST ti T CTO CONTRACTOFSALE LENDER'S LOSS PAYABLE L LOSS PAYEE LENDER SERVICING AGENT NAME AND ADDRESS T,_ MORTGAGFLF MO .. ...... NAME AND ADDRESS City of Federal Wa PluNnett Attn: Trisha 33325 8th Ave. south Federal Way WA 98003 USA AUTHORIZED REPRESENTATIVE ran C 2003-2015 ACORD CORPORATION. All rights reserved. ACORD 28 (2016/03) The ACORD Name and Logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000088924 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Central, Inc. First Student Inc POLICY NUMBER see Certificate Number: 570092571694 CARRIER NAIC CODE see certificate Number: 570092571694 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 28 FORM TITLE: Evidence of Commercial Property Insurance Deductibles Deductibles: EARTH MOVEMENT - 2.0% of Total Insurable values at the time of the loss at each Insured Location involved in the loss or damage, subject to a minimum of $100,000 any one occurrence for all cover lossor damage arising out of Earth Movement in the Pacific Northwest Earthquake zone, Hawaii, Alaska, Mexico, Puerto Rico, and/or in the New Madrid Earthquake zone. - 5.0% of Total insurable values at the time of the loss at each insured Location involved in the loss or damage, sub7'ect to a minimum of $250,000 any one occurrence for all covered loss or damage arising out of Earth Movement in California, WINDSTORM / NAMED STORM - 5% of Total Insurable values at the time of the loss at each Insured Location involved in the loss or damage, subject to a minimum of $100,000 any one occurrence for all covered loss or damage arising out of Named storm in a Tier 1 High Hazard wind zone (Consisting of Texas to North Carolina, Hawaii, Puerto Rico, U.S. virgin Islands, Virginia to Maine, and Florida.) FLOOD - $ 100,000 Per occurrence, except as follows: 5% of Total Insurable values at the time of the loss at each Insured Location involved in the loss or damage, subject to a minimum of $1,000,000 any one occurrence for all covered loss or damage arising out of Flood at any property wholly or partially within a special Flood Hazard Area (SFHA) at the time of the loss as defined by the Federal Emergency Management Agency (FEMA). ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 3. 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 91 CONTRACT AMENDMENT (AG#):19-240 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Charter Bus Transportation Services 6. NAME OF CONTRACTOR: First Student, Inc. ADDRESS: w......................................................._._....._._ TELEPHONE F -M A:I L, FAX: �"��,��' � Chief Financial Officer SIGNATURE NAME:, B11AD�` �wTITLE 7. EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES R COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE IJ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: December 31, 2022 9. TOTAL COMPENSATION $ 38,000.00 ($19,000.00 additional) _ (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:_,. w w wwww IS SALES TAX OWED ®YES ONO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY ITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-7200-352-571-14-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED ❑ PROJECT MANAGER KL 9/22/21 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) U LAW MP 9.22.2021 INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: _ DATE REC'D: ❑ 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.) V(AW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: INITIAL / DATF SIGNED l O;tA I Ink AG# N/A 17 UY OF mm edrl Way, o 1oh' M Ff,-;drmral WeV, WA 9&)03-6 3.2..5 (253) 835-7000 mum,ur.cOyoffedeo"at'm.Ny r..xr mn AMENDMENT NO.2 TO GOODS AND SERVICES AGREEMENT FOR CHARTER BUS TRANSPORTATION SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Student, Inc., 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 Charter Bus Transportation Services ("Agreement") dated effective December 11, 2019, as amended by Amendment No. 1, 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 December 31, 2022 ("Amended Term'). 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-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. 3. f,IENERAL PlIQVI_ )IO S- All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shallremain in fullforce 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 ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 vAm.. cfryotiederolmy. com IN WITNESS, the Parties execute this Agreement below; effective the last date written below. CITY OF FEDERAL WAY: 1✓l�tton,. DATE: ATTEST: Director y1p qulto Courtney, M City Clerk �, Z1 Z_ APPROVED AS TO FORM: lo �I all, City 'Itorrne FIRST STUDENT; INC.. By: Scott Spivey, Chie,uallicer Date: ...._.._. ... ��.:�.. STATE OF OHIO ) ss. COUNTY OF4„�� On this day personally appeared before me Scott Suivey, to me known to be the Chief Finmicral Ofi`_icer of First Student, Inc. 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. � .t. R GIVEN myhand and official seal this day of ... _._ 2011 .m._, Notary's signature Notary's printed aaary�� 'm_ -� Notary Public in add for the State of " '-t'oln. ANDREW WESLEY PUGH My commission expires 6 Notary Public. State of Ohio My Commission Expires 05-20-2024 AMENDMENT -2- 3/2017 CITY 11 �Araj Way EXHIBIT B-2 ADDITIONAL COMPENSATION UTY HALL 33325 Sth Avenue OLdh Federal Way, WA 98003-6325 (3) 83h-7000 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Nineteen Thousand and NO/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 Thirty -Eight Thousand and N0/100 Dollars ($38,000.00). 2. Method of Compensation: Contractor agrees to offer a ten percent (10%) discount on all charter bus transportation services. Prices before discount are as follows: 42/65 passenger buses will be billed at $285.00 for the first three (3) hours, then $95.00 for each additional hour 56/83 passenger buses will be billed at $360.00 for the first three (3) hours, then $95.00 for each additional hour A $40.00 COVID cleaning fee will be billed for every bus every trip AMENDMENT -3- 3/2017 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: FWCC 2. ORIGINATING STAFF PERSON: Trisha Pluckne8 EXT: 6921 3. 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 ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 9 CONTRACT AMENDMENT (AG#): 19-240 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Charter Bus Transportation Services 6. NAME OF CONTRACTOR: First Student, Inc. ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: Scott SDNeV TITLE Chief Financial Officer 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE A ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: December 91, 2021 9. TOTAL COMPENSATION $ 19,000.00 (no additional) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES LINO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-7200-352-571-14-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW MP 11/24/2020 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: _ 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ 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 ❑ LAW DEPARTMENT v) ❑ SIGNATORY (MAYOR OR DIRECTOR),Q31� ❑ CITY CLERK [ ❑ ASSIGNED AG# AG# COMMENTS: 2/2017 CITY OF CITY HALL � ' �� Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. crtyoffedera 1vmy com AMENDMENT NO. 1 TO GOODS AND SERVICES AGREEMENT FOR CHARTER BUS TRANSPORTATION SERVICES This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Student, Inc., 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 Charter Bus Transportation Services ("Agreement") dated effective December 11, 2019, 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 December 31, 2021 ("Amended Term"). 2. 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 naives 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 - 2 - Rev. 3/2017 CITY OF CITY HALL �. Fe d e ra I ■ ,. ■ay Feder 8th Avenue South �l■■ Federal Way, WA 98003-6325 (253)835-7000 www atyoliederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: BYHhfq . J 1 ]ol ltitton. Par i ector St ha hie Courtney, CM City Clerk DATE: /Z f-174ozn FIRST STUDENT, INC.: By: Scott Spivey, Chief Fina vial Officer DATE: kbb- 1— `� i -2"-2-C) OH/0 STATE OF Vi* �P ) ) ss. COUNTY OF A{Gmi N on ) APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Scott Spivey, to me known to be the Chief Financial Officer of First Student, Inc. 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 oatli 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 day of Novena b e t , 204 a t Notary's �Jgaat '.Uc - xi eta Nbtary s Prinred-fY,)gie " Notary Public in and for the State of un . O h � o My commission expires n o ex p, rni O) 4�yr AMENDMENT - 3 - Rev. 3/2017 ! ✓� L! CERTIFICATE OF LIABILITY INSURANCE DATE(ha M/V °�/a,/L�2C20 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 Aon Risk Services Northeast, Inc. C/o Aon Client Services CONTACT NAME: FAX VVCNNo.Extl: (866) 283-7122 WC No.);(800) 363-0105 E-MAIL 4 Overlook Point Lincolnshire IL 60069 USA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: National union Fire Ins CO Of Pittsburgh 19445 INSURER B: New Hampshire Insurance Company 23841 First Student Inc 600 vine Street suite 1400 INSURERC: American Home Assurance Co. 19380 INSURERD: AIG Specialty Insurance Company 26883 Cincinnati OH 45202 USA INSURER E: INSURER F: rnvcvenve f'.F0TIr1nATr- Nt IMRFR• F17nnR98s8689 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. Limits shown are as requested INSR TYPE OF INSURANCE ADDL SuaR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERALLIABILITYY GL3629890 04/01/202 4/ 1 EACH OCCURRENCE $10,000,000 LI DAMAGE TO RENTED $5,000,00 M CLAIMS-ADE I X OCCUR L-,�1 P!dP SE5 Es nCcurren[e MED EXP (Any one person) Excluded PERSONAL B ADV INJURY $10,000,000 SENT- AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY a PRO- [ X] LOC PRODUCTS - COMP/OP AGG $10,000,000 JECT OTHER A AUTOMOBILE LIABILITY Y CA1921809 04/01/2020 04/01/2021 COMBINEDSINGLELIMIT $10, 000, 000 AIDS A X ANY AUTO Y CA1921808 04/01/2020 04/01/2021 BODILY INJURY ( Per person) BODILY INJURY (Per accident) OWNED SCHEDULED VA PROPERTY DAMAGE A AUTOS ONLY AUTOS cA1921810 04/01/2020 04/01/2021 HIREDAUTOS NON -OWNED E MA Per accidenU ONLY AUTOSONLY UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB H CLAIMS -MADE DED I RETE!1rION B WORKERS COMPENSATION AND Wc014649551 04/01/2020 04/01/2021 X PER STATUTE OTH B EMPLOYERS'LIABILITY Y!N WC014649550 04/01/2020 04/01/2021 E L EACH ACCIDENT $5,000,000 ANY PROPRIETOR / PARTNER / EXECUTIVE N wc014649548 04/01/2020 04/01/2021 C B OFFICERIMEMBEREXCLUDED? (Mandatory in NH) N/A wc014649547 04/01/2020 04/01/2021 E L DISEASE -EA EMPLOYEE $5,000,000 B If SCRI TIONOFO DESCRIPTION under OPERATIONS below wcO14649549 04/01/2020 04/01/2021 E L DISEASE -POLICY LIMIT $5,000,000 A Excess WC XWC6583124 04/01/2020 04/01/2021 EL Each Accident $5,000,000 SIR applies per policy to s & condi ions EL Disease - Policy $5,000,000 EL Disease - Ea Emp $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Sexual Abuse and Molestation Coverage included under the General Liability Policy. RE: Location Number:. 20229. city of Federal way is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE+ POLICY PROVISIONS City of Federal Way AUTHORIZED REPRESENTATIVE �C,J Attn: Kimberly Ledyard 33325 8th Ave. S. Federal Way WA 98003 USA �lo�s aus qe i s G 1J141-Z rd�J�sA. _ � ©1968-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 100000000112 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Northeast, Inc. First Student Inc POLICY NUMBER see Certificate Number: 570082858682 CARRIER -"C CODE see certificate Number: 570082858682 1 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # ;:\ SURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) LIMITS OTHER D Excess Auto Lia 6631262 $15m x $10m 04/01/2020 04/01/2021 Each Occurrence $15,000,000 Aggregate $15,000,000 ACORD 101 (2008101) ® 2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD 1 RETURN TO: EXT: 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: OaVue--�EXT: Ni 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.CL, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:' 6. NAME OF CONTRACTOR: Ci 115�' d ( i ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE_ 7. EXHIBITS AND ATTACHMENTS: ❑ 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: " A's C; -� COMPLETION DATE: %C� 9. TOTAL COMPENSATION $� t } L (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, $ RETAINAGE: RETAINAGE AMOUNT: PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: �- ` 1 '� V� [ ��I ( ` 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING INITIAL / DATE REVIEWED 1 ?D"\ tiw G apt 16 1 4 SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— ❑ 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 ❑ LAW DEPARTMENT 0;( 11 Dec- Z© L ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK +2-11 ❑ ASSIGNED AG# AG# [b ❑ SIGNED COPY RETURNED DATE SENT:, �' h1• t°j� COMMENTS: 1 /201 R CITY OF ,� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn GOODS AND SERVICES AGREEMENT FOR CHARTER BUS TRANSPORTATION SERVICES This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and First Student, Inc., 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: FIRST STUDENT, INC.: Jenean Barbour 1128 St. Paul Ave. Tacoma, WA 98421 (253) 272-7750 xt 3 (telephone) (253) 272-7799 (facsimile) enean.b .com The Parties agree as follows: CITY OF FEDERAL WAY: Kim Ledyard 876 S 333`d St Federal Way, WA 98003-6325 (253) 835-6934 (telephone) (253) 835-6929 (facsimile) 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 Work, but in any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), 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. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work 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. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice fi-orn the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by GOODS AND SERVICES AGREEMENT - 1 - 9/2017 CITY OF Federal Way CITY decal L ��..-- 33325 Sth Avenue South � � Federal Way. WA 98003-6325 (253) 835-7000 wmy crryoffederahvay com the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation. and Inspect nrr. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with 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 Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 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 on the signature block of this Agreement. The City may tenninate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, 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 and payment of this Agreement. 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 Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does 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 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other - sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT - 2 - 9/2017 CITY OF 10 Federal INS CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 m"v oryoffederalway com 4.4 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 Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release inderrrnify, 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 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 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 indenuufication 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 further 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 GOODS AND SERVICES AGREEMENT - 3 - 9/2017 CITY OF Federal. Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 � ww cityoffederalway. com 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: 6.1. Minimum Limits. The Contractor agrees to cagy 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, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 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 limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the 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 as respect 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 it. 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 certi ticates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At 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 actually 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 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 disclosure 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 which may be produced or modified by Contractor while performing the Work 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 Work 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 GOODS AND SERVICES AGREEMENT - 4 - 9/2017 CITY OF AN Federal Way CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www atyoiredernlway com or audit by the City, its authorized representative, the State Auditor, or other goverrunental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. 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, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. 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. 10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. 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 work. 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. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Tenn for other parties; 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, negotiation, drafting, signing, administration, or evaluating 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 GOODS AND SERVICES AGREEMENT - 5 - 9/2017 CITY OF ,�."`•� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.. cityoffederalway corn against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, 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 to, 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 Part 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 terns 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 Patty. If the non -assigning party gives its consent to any assignment, the terns 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 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 of 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 GOODS AND SERVICES AGREEMENT - 6 - 9/2017 CITY OF ..'' Fe d e ra I Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www.cityoffederalway corn 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 maybe 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; provided, however, 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 maybe 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] GOODS AND SERVICES AGREEMENT - 7 - 9/2017 CITY 4F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyllyacte r+llway eom IN WITNESS, the Parties execute this Agreement below, effective the last date written below - CITY OF FEDERAL WAY: Jn -lutton, P, - i ector DATE:�� FIRST STUDENT, INC.: By: U' Scott Spivey, Chief Financial Officer DATE: I )— (0 2-D STATE OF OHIO ) ) ss. COUNTY OF ft,C. M, ATTEST: ep1 nie Courtney, CMC, Ci erk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me Scott Spivey, to me known to be the Chief Financial Officer of First Student, Inc. 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. GIVEN my hand and official seal this day of D°l.Cg�m ber 2(}9 Notary's signature' Notary's printed name TEE S0r;,n-to0 Tessa HOW Notary Public in and for the State of Ohio. My NafaryPu6iis Slate ofONO commission expires q • 2.0 • 2 2. My Commission Eon anon GOODS AND SERVICES AGREEMENT - 8 - 9/2017 CITY OF Federal Way EXHIBIT "A" SERVICES The Contractor shall do or provide the following: CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. caYoffeder It-va), com Contractor shall provide the City of Federal Way with passenger buses and bus drivers to transport recreation participants to and from various events and locations throughout the year. GOODS AND SERVICES AGREEMENT - 9 - 9/2017 ITY OF r CFe+deral Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmv cityoffederalwey com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Nineteen Thousand and NO/100 Dollars ($19,000.00). 2. Method of Compensation: Contractor agrees to offer- a ten percent (10%) discount on all charter bus transportation services. Prices before discount are as follows: 47/71 passenger buses will be billed at $255.00 for the first three (3) hours, then $85.00 for each additional hour 56/83 passenger buses will be billed at $330.00 for the first three (3) hours, then $85.00 for each additional hour A $6.00/hour fuel surcharge will also be assessed. GOODS AND SERVICES AGREEMENT - 10 - 9/2017