202201020WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET a a a 0 10 a p
Originating Department:
Council
Division/Program: (i.e. Dept. Division and Program)
Council
Contract or Grant Administrator:
Cathy Halka
Contractor's / Agency Name:
BERK Consulting, Inc.
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes Q No Q
Yes Q No Q If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #:
Does contract require Council Approval? Yes (E) No Q If No, include WCC:
Already approved? Council Approved Date: (Exclusions see: Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100)
Is this a grant agreement?
Yes () No Q If yes, grantor agency contract number(s): CFDA#:
Is this contract grant funded?
Yes 0 No E) If yes, Whatcom County grant contract number(s):
Is this contract the result of a RFP or Bid process? Contract
Yes Q No Q If yes, RFP and Bid number(s): RFP21-60 Cost Center: 1100.6630.902
t, Is this agreement excluded from E-Verify? No (F) Yes 0 If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
A Professional services agreement for certified/licensed professional. El Goods and services provided due to an emergency
❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000.
❑ hiterlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract
Council approval required for; all property leases, contracts or bid awards exceeding
amount and any prior amendments):
$40,000, and professional service contract amendments that have an increase greater
$ 71,485
than $10,000 or 10% of contract amount, whichever is greater, except when:
1. Exercising an option contained in a contract previously approved by the council.
This Amendment Amount:
$
2. Contract is for design, construction, r-o-w acquisition, prof services, or other
capital costs approved by council in a capital budget appropriation ordinance.
3. Bid or award is for supplies.
Total Amended Amount:
$
4. Equipment is included in Exhibit `B" of the Budget Ordinance.
5. Contract is for manufacturer's technical support and hardware maintenance of
Summary of Scope:
electronic systems and/or technical support and software maintenance from the
developer of proprietary software currently used by Whatcom County.
Provide consultant services to complete the COVID-19 Pandemic Response Review project.
Tenn of Contract: 1 year
Expiration Date: 12/31/2022
Contract Kouttng: 1. Prepared by: Cathy Halka
Date:
2. Attorney signoff. Karen Frakes (by email)
Date:
3. AS Finance reviewed: bbennett
Date:
4. IT reviewed (if IT related):
Date:
5. Contractor signed: Cathy Halka
Date:
6. Submitted to Exec.: Cathy Halka
Date:
7. Council approved (if necessary): Cathy Halka 4B 202,2'00 9
Date:
S. Executive signed: ,/
Date:
9. Original to Council:
Date:
Last edited 07/06/20
December 17, 2021
December 17, 2021
December 22, 2021
1 /4/2022
1 /12/2022
1/11/2022
Whatcom County Contract No.
aoa�o�oao
CONTRACT FOR SERVICES
Between Whatcom County and BERK Consulting, Inc.
BERK Consulting. Inc. , hereinafter called Contractor and Whatcom County, hereinafter referred to as County, agree and contract as
set forth in this Agreement, including:
General Conditions, pp. 3 to 13
Exhibit A (Scope of Work), pp. 14 to 16 ,
Exhibit B (Compensation), pp. 17 to 17
Exhibit C (Certificate of Insurance).
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
The term of this Agreement shall commence on the 11 day of January , 20 22 , and shall, unless terminated or renewed as
elsewhere provided in the Agreement, terminate on the 31 day of December —'20 22 .
The general purpose or objective of this Agreement is to: review the countywide pandemic response , as more fully and definitively
described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here.
The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed
$ 71,485 The Contract Number, set forth above, shall be included on all billings or correspondence in connection
therewith.
Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2,
32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties.
Each signatory below to this Contract warrants that he/she is the authorized agent of the respective party; and that he/she has the authority to
enter into the contract and to bind the party thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement this � day of y—p- 20 Z-Z
CONTRACTOR:
BERK Consulting, Inc.
rian hy, rincipat
CONTRACTOR INFORMATION:
BERK Consulting, Inc.
(Type in Name of ContractorlFirm)
Brian Murphy. Principal
(Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable)
Address:
2200 Sixth Avenue, Suite 1000
_Seattle. WA 98121
Mailing Address:
2200 Sixth Avenue, Suite 1000
Seattle, WA 98121
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
WHATCOM COUNTY:
Recommended for Approval:
Department Director Date
Approved as to form:
Karen Frakes (by email) 12/17/2021
Prosecuting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Satpal Singh Sidhu, WI atcom County Executive
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
GENERAL CONDITIONS
Series 00-09: Provisions Related to Scope and Nature of Services
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A",
during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not
compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be
extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total
of no longer than three years.
11.1 Termination for Default:
If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or
commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written
notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance
of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing
of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further
payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from
such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses
incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which
may be sustained by the County by reason of such default.
11.2 Termination for Reduction in Funding:
In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this
Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced,
or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so
great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the
County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this
Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the
mailing of the notice, whichever occurs first.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination
is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be
entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract
price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on
deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or
convenience, shall not constitute breach of contract by the County.
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked
each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing
requirements.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his
designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses
incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate
documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures,
pursuant to the fee schedule set forth in Exhibit "B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State
or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the
applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year,
if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor
hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on
compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay
all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
personal property to which the County does not hold title. The County is exempt from Federal Excise Tax.
22.1 Withholding Payment:
In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement
within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the
amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform
has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided
that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more
than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to
the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except
to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement.
The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause,
without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2)
to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or
incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes
clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause.
23.1 Labor Standards:
The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment
of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of
1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages,
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which
are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of
Labor and the State of Washington.
Series 30-39: Provisions Related to Administration of Agreement
30.1 Independent Contractor.
The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be
construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed
shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled
to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any
other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of
business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue
Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and
Occupation taxes collected by the State of Washington.
Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including,
but not limited to, settlements, judgments, setoffs, attomeys' fees or costs incurred by reason of claims or demands because of breach
of the provisions of this paragraph
30.2 Assignment and Subcontracting
The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract
may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County.
30.3 No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not
be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of
any subcontractor by the County at the present time or in the future.
31.1 Ownership of Items Produced and Public Records Act:
All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in
connection with performance of this Agreement, shall be the sole and absolute property of the County. If the Contractor creates any
copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a
royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to
authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research,
notes, and other work products produced in the performance of this Agreement available to the County upon request.
Ownership. Any and all data, writings, programs, public records, reports, analyses, documents, photographs, pamphlets, plans,
specifications, surveys, films or any other materials created, prepared, produced, constructed, assembled, made, performed or
otherwise produced by the Contractor or the Contractor's subcontractors or consultants for delivery to the County under this Contract
shall be the sole and absolute property of the County. Such property shall constitute 'work made for hire" as defined by the U.S.
Copyright Act of 1976, 17 U.S.C. § 101, and the ownership of the copyright and any other intellectual property rights in such property
shall vest in the County at the time of its creation. Ownership of the intellectual property includes the right to copyright, patent, and
register, and the ability to transfer these rights. Material which the Contractor uses to perform this Contract but is not created, prepared,
constructed, assembled, made, performed or otherwise produced for or paid for by the County is owned by the Contractor and is not
'Work made for hire" within the terms of this Agreement.
Public Records Act. This Contract and all records associated with this Contract shall be available for inspection and copying by the
public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody
of the Contractor are needed for the County to respond to a request under the Act, as determined by the County, the Contractor agrees
to make them promptly available to the County at no cost to the County. If the Contractor considers any portion of any record provided
to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the Contractor
shall dearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the
Act to inspect or copy the information so identified by the Contractor and the County determines that release of the information is
required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the Contractor (a) of the request and (b) of
the date that such information will be released to the requester unless the Contractor obtains a court order to enjoin that disclosure
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
pursuant to RCW 42.56.540. If the Contractor fails to timely obtain a court order enjoining disclosure, the County will release the
requested information on the date specified.
The County has, and by this section assumes, no obligation on behalf of the Contractor to claim any exemption from disclosure under
the Act. The County shall not be liable to the Contractor for releasing records not clearly identified by the Contractor as confidential or
proprietary. The County shall not be liable to the Contractor for any records that the County releases in compliance with this section or
in compliance with an order of a court of competent jurisdiction.
The Contractor shall be liable to the requester for any and all fees, costs, penalties or damages imposed or alleged as a result of the
Contractor's failure to provide adequate or timely records.
This provision and the obligations it establishes shall remain in effect after the expiration of this contract.
31.2 Patent/Copyright Infringement:
Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent
such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay
those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and
payments are conditioned upon the following:
A. The Contractor shall be notified promptly in writing by the County of any notice of such claim.
B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information,
in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County.
32.1 Confidentiality:
The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the
County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order
entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial
proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or
employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attomeys' fees and costs resulting from
Contractor's breach of this provision.
33.1 Right to Review:
This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and
monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or
by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by
County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its
performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall
preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after
contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request.
Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual,
agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice
is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical.
34.1 Insurance
The Contractor shall, at its own expense, obtain and continuously maintain the following insurance coverage for the duration of this
contract, which shall include insurance against claims for injuries to persons or damage to propertywhich may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, subcontractors or employees. All insurers
providing such insurance shall have an A.M. Best Rating of not less that A- (or otherwise be acceptable to the County) and be licensed
to do business in the State of Washington and admitted by the Washington State Insurance Commissioner. Coverage limits shall be
the minimum limits identified in this Contract or the coverage limits provided or available under the policies maintained by the Contractor
without regard to this Contract, whichever are greater.
1. Commercial General Liability
Property Damage $500,000.00, per occurrence
General Liability & bodily injury $1,000,000.00, per occurrence
Annual Aggregate $2,000,000.00
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
At least as broad as ISO form CG 00 01 or the equivalent, which coverage shall include personal injury, bodily injury and property
damage for Premises Operations, Products and Completed Operations, Personal/Advertising Injury, Contractual Liability, Independent
Contractor Liability, medical payments and Stop Gap/Employer's Liability. Coverage shall not exclude or contain sub -limits less than
the minimum limits required, unless approved in writing by the County.
2. Professional Liability
Professional Liability - $1,000,000 per occurrence
a. Obtain professional liability insurance covering the negligent acts, errors, or omissions of the professional in connection with the
performance of services to the County. If any insurance policy or the professional liability insurance is written on a claims made
form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The
policy shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage shall be maintained
by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the
Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage
becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period ("tail") or execute
another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services
performed.
3. Business Automobile Liability
$1,000,000.00 Minimum, per occurrence
$2,000,000.00 Minimum, Annual Aggregate
Contractor shall provide auto liability coverage for owned, non -owned and hired autos using ISO Business Auto Coverage form CA 00
01 or the exact equivalent with a limit of no less than $1,000,000 per accident. If Contractor owns no vehicles this requirement may be
met through a non -owned auto Endorsement to the CGL policy.
4. Additional Insurance Requirements and Provisions
a. All insurance policies shall provide coverage on an occurrence basis
b. Additional Insureds. Whatcom County, its departments, elected and appointed officials, employees, agents and volunteers
shall be included as additional insureds on Contractor's and Contractor's subcontractors' insurance policies by way of
endorsement for the full available limits of insurance required in this contract or maintained by the Contractor and
subcontractor, whichever is greater.
c. Primary and Non-contributory Insurance. Contractor shall provide primary insurance coverage and the County's insurance
shall be non-contributory. Any insurance, self -insured retention, deductible, risk retention or insurance pooling maintained or
participated in by the County shall be excess and non- contributory to Contractor's insurance.
d. Waiver of Subrogation. The insurance policy shall provide a waiver of subrogation with respect to each insurance policy
maintained under this Contract. When required by an insurer, or if a policy condition does not permit Contractor to enter into
a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and obtain
such endorsement. This requirement shall not apply to any policy which includes a condition expressly prohibiting waiver of
subrogation by the insured or which voids coverage should the Contractor enter into such a waiver of subrogation on a pre -
loss basis.
e. Review of and Revision of Policy Provisions. Upon request, the Contractor shall provide a full and complete certified copy of
all requested insurance policies to the County. The County reserves the right, but not the obligation, to revise any insurance
requirement, including but not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to
meet the requirements of this Contract. Additionally, the County reserves the right, but not the obligation, to review and reject
any proposed insurer providing coverage based upon the insurer's financial condition or licensing status in Washington.
f. Verification of Coverage/Certificates and Endorsements. The Contractor shall fumish the County with a certificate of
insurance and endorsements required by this contract. The certificates and endorsements for each policy shall be signed by
a person authorized by the insurer to bind coverage on its behalf. The certificate and endorsements for each insurance policy
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
are to be on forms approved by the County prior to commencement of activities associated with the contract. The certificate
and endorsements, and renewals thereof, shall be attached hereto as Exhibit "C". If Exhibit C is not attached, the Contractor
must submit the certificate and endorsements required in this contract to the County prior to the commencement of any work
on the contracted project. A certificate alone is insufficient proof of the required insurance; endorsements must be included
with the certificate. The certificate of insurance must reflect the insurance required in this contract, including appropriate
limits, insurance coverage dates, per occurrence, and in the description of operations, include the County project, Whatcom
County, its departments, officials, employees, agents and volunteers as additional insureds, primary, non-contributory, and
waiver of subrogation.
g. The County must be notified immediately in writing of any cancellation of the policy, exhaustion of aggregate limits, notice of
intent not to renew insurance coverage, expiration of policy or change in insurer carrier. Contractor shall always provide the
County with a current copy of the certificate and endorsements throughout the duration of the contract.
h. No Limitation on Liability. The insurance maintained under this Contract shall not in any manner limit the liability or qualify
the liabilities or obligations of the Contractor to the coverage provided by such insurance, or otherwise limit the County's
recourse to any remedy available at law or equity.
Payment Conditioned on Insurance and Failure to Maintain Insurance. Compensation and/or payments due to the Contractor
under this Contract are expressly conditioned upon the Contractor's compliance with all insurance requirements. Failure on
the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract. Payment to the
Contractor may be suspended in the event of non-compliance, upon which the County may, after giving five business days'
notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the County on
demand or offset against funds due the Contractor. Upon receipt of evidence of Contractor's compliance, payments not
otherwise subject to withholding or set-off will be released to the Contractor.
Workers' Compensation. The Contractor shall maintain Workers' Compensation coverage as required under the Washington
State Industrial Insurance Act, RCW Title 51, for all Contractors' employees, agents and volunteers eligible for such coverage
under the Industrial Insurance Act.
k. Failure of the Contractor to take out and/or maintain required insurance shall not relieve the Contractor or subcontractors from
any liability under the contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification. The County does not waive any insurance requirements even in the event the
certificate or endorsements provided by the Contractor were insufficient or inadequate proof of coverage but not objected to
by the County. The County's failure to confirm adequate proof of insurance requirements does not constitute a waiver of the
Contractor's insurance requirements under this Contract.
I. Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the
County shall be insured for the full available limits, including Excess or Umbrella liability maintained by the Contractor,
irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether
any certificate furnished to the County evidences limits of liability lower than those maintained by the Contractor.
m. Insurance for Subcontractors. If the Contractor subcontracts (if permitted in the contract) any portion of this Contract, the
Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and
policy endorsements from each subcontractor. Insurance coverages by subcontractors must comply with the insurance
requirements of the Contractor in this contract and shall be subject to all of the requirements stated herein, including naming
the County as additional insured.
n. The Contractor agrees Contractor's insurance obligation shall survive the completion or termination of this Contract for a
minimum period of three years.
34.3 Defense & Indemnity Agreement. To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold the County
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorney's fees, and alternative dispute resolution costs, for any
personal injury, for any bodily injury, sickness, disease, or death and for any damage to or destruction of any property (including the loss
of use resulting therefrom) which:1) are caused in whole or in part by any error, act or omission, negligent or otherwise, of the Contractor,
its employees, agents or volunteers or Contractor's subcontractors and their employees, agents or volunteers; or 2) directly or indirectly
arise out of or occur in connection with performance of this Contract or 3) are based upon the Contractor's or its subcontractors' use of,
presence upon, or proximity to the property of the County. This indemnification obligation of the Contractor shall not apply in the limited
circumstance where the claim, damage, loss, or expense is caused by the sole negligence of the County.
Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then in the event of concurrent
negligence of the Contractor, its subcontractors, employees or agents, and the County, its employees or agents, this indemnification
obligation of the Contractor shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors,
employees, and agents. This indemnification obligation of the Contractor shall not be limited in any way by the Washington State
Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other
employee benefit act, and the Contractor hereby expressly waives any immunity afforded by such acts.
It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided
herein. The parties specifically agree that this Contract is for the benefit of the parties only and this Contract shall create no rights in
any third party. The County reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses, or
expenses, and such participation shall not constitute a waiver of Contractor's indemnity obligations under this Agreement.
In the event the Contractor enters into subcontracts to the extent allowed under this Contract, the Contractor's subcontractors shall
indemnify the County on a basis equal to or exceeding Contractor's indemnity obligations to the County. The Contractor shall pay all
attorney's fees and expenses incurred by the County in establishing and enforcing the County's rights under this indemnification
provision, whether or not suit was instituted.
The Contractor agrees all Contractor's indemnity obligations shall survive the completion, expiration or termination of this Agreement.
The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement and are
reflected in the Contractor's compensation.
By signing this contract, the Contractor acknowledges that it has freely negotiated and agreed to the indemnification requirements to
defend, indemnify and hold harmless the County from all claims and suits including those brought against the County by the
Contractor's own employees, arising from this contract.
35.1 Non -Discrimination in Employment: (Must be included in every contract as per Ord. 2021-016)
The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and
employees without regard to race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital
status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant
for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age,
marital status, disability, political affiliation, or veteran status, except where such constitutes a bona fide occupational qualification.
Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that
applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation (including gender identity), disability, or veteran status, except where such constitutes a bona fide
occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of
pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and
educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts
or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees.
35.2 Non -Discrimination in Client Services:: (Must be included in every contract as per Ord. 2021-016)
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual
orientation (including gender identity), disability, or veteran status; or deny an individual or business any service or benefits under this
Agreement unless otherwise allowed by applicable law; or subject an individual or business to segregation or separate treatment in any
manner related to his/heats receipt any service or services or other benefits provided underthis Agreement unless otherwise allowed by
applicable law; or deny an individual or business an opportunity to participate in any program provided by this Agreement unless otherwise
allowed by applicable law.
36.1 Waiver of Noncomaetition:
Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to
refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will
not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from
performing work or providing supplies to the County.
36.2 Conflict of Interest:
If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the
performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with
the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with
sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised
in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable
steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination.
37.1 Administration of Contract:
This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political
subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal
standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals.
The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the
County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this
Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County
related to this Agreement. The Administrative Officer for purposes of this agreement is:
Dana Brown -Davis, Clerk of the Council
311 Grand Avenue, Suite
Bellingham, WA 98225
360-778-5010
dbrown@co.whatcom.wa.us
37.2 Notice:
Any notices or communications required or permitted to be given by this Contract must be (i) given in writing and (ii) personally delivered
or mailed, by prepaid, certified mail or overnight courier, or transmitted by electronic mail transmission (including PDF), to the party to
whom such notice or communication is directed, to the mailing address or regularly -monitored electronic mail address of such party as
follows:
BERK Consulting, Incc.
2200 Sixth Avenue, Suite 1000
Seattle, WA 98121
Attention: Brian Murphy, Principal
Telephone: (206) 324 - 8760
Email: Brian@berkconsulting.com
Any such notice or communication shall be deemed to have been given on (i) the day such notice or communication is personally
delivered, (ii) three (3) days after such notice or communication is mailed by prepaid certified or registered mail, (iii) one (1)
working day after such notice or communication is sent by overnight courier, or (iv) the day such notice or communication is sent
electronically, provided that the sender has received a confirmation of such electronic transmission. A party may, for purposes of this
Agreement, change his, her or its address, email address or the person to whom a notice or other communication is marked to the
attention of, by giving notice of such change to the other party pursuant to this Section.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
37.3 If agreed by the parties, this Contract may be executed by Email transmission and PDF signature and Email transmission and PDF
signature shall constitute an original for all purposes.
38.1 Certification of Public Works Contractor's Status under State Law:
If applicable, Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350
(1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business
identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51
RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required
in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3).
38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions:
If applicable, the Contractor further certifies, by executing this contract, that neither it nor its principles is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
Agency.
The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor
and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal
Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier
covered transactions and in all solicitations for lower tier transactions.
The "Excluded Parties List System in the System for Award Management (SAM) website is available to research this information at
WWW.SAM.GOV. Contractor shall immediately notify Whatcom County if, during the term of this Contract, Contractor becomes debarred.
38.3 E-Verify:
The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if
the primary contract is for $100,000 or more. If applicable, Contractor represents and warrants that it will, for at least the duration of this
contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein
means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal
Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security,
also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program.
Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such
verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder
meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and
agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and
ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In
the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to
contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website:
www.uscis.gov
Series 4049: Provisions Related to Interpretation of Agreement and Resolution of Disputes
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall
be in writing and signed by both of the parties.
40.2 Contractor Commitments. Warranties and Representations:
Any written commitment received from the Contractor concerning this Agreement shall be binding upon the Contractor, unless otherwise
specifically provided herein with reference to this paragraph. Failure of the Contractor to fulfill such a commitment shall render the
Contractor liable for damages to the County. A commitment includes, but is not limited to, any representation made prior to execution of
this Agreement, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
41.1 Severability:
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end,
the terms and conditions of this contract are declared severable.
41.2 Waiver:
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition
of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option
herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants
or agreements, but the same shall be and remain in full force and effect.
42.1 Disputes:
a. General:
Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the
attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken.
Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
b. Notice of Potential Claims:
The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act
or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has
given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to
the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons forwhich the Contractor
believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the
potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
Detailed Claim:
The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the
accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given
the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time
required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due.
d. Arbitration:
Other than claims for injunctive relief, temporary restraining order, or other provisional remedy to preserve the status quo or prevent
irreparable harm, brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent
with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Contract or
otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable
American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials.
Any issue about whether a claim is covered by this Contract shall be determined by the arbitrator. The arbitrator shall apply substantive
law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge but shall
not have the power to award punitive damages. Each Party shall pay all their own costs, attorney fees and expenses of arbitration and
the parties shall share equally in the Arbitrator's fees and costs. The decision of the arbitrator shall be final and binding and an order
confirming the award orjudgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of
the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the
request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to
nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed
with arbitration.
Any arbitration proceeding commenced to enforce or interpret this Contract shall be brought within six years after the initial occurrence
giving rise to the claim, dispute, or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim,
dispute, or issue was continuing in nature. Claims, disputes, or issues arising more than six years prior to a written request or demand
for arbitration issued under this Contract are not subject to arbitration.
The parties may agree in writing signed by both parties that a claim or dispute may be brought in Whatcom County Superior Court rather
than mediation or arbitration.
Unless otherwise specified herein, this Contract shall be governed by the laws of Whatcom County and the State of Washington.
43.1 Venue and Choice of Law:
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue
of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be
governed by the laws of the State of Washington.
44.1 Survival:
The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if
utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason.
45.1 Entire Agreement:
This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement
between the parties and supersedes any prior oral statements, discussions or understandings between the parties.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
EXHIBIT "A"
(SCOPE OF WORK)
PROJECT BACKGROUND
On March 10, 2020, Whatcom County Council (as the Health Board) voted to recommend activation of Whatcom Unified Command
(WUC) in order to provide an integrated, coordinated, multi -jurisdictional response to the threat of COVID-19 locally. Due to the nature of
the emergency being global, the county could not rely on neighboring communities for support and had to rely on its own internal County -
sourced resources. The County believes it is prudent to anticipate a range of future widespread national and/or global emergencies for
which it needs to prepare to manage without assistance for some period of time, including but not limited to severe weather, cyber security
attack, a catastrophic loss of the power or telecommunications grid. The WUC was deactivated effective August 1, 2021, and this review
is to cover the time period of WUC operations.
The global pandemic tested county preparedness, structures, and processes for dealing with disasters, and an opportunity exists to reflect
on the County's response to the public emergency, to evaluate the systems in place to respond to the event, and identify opportunities to
improve and be even better prepared for the next global emergency. Whatcom County Council adopted Ordinance 2021-045 on July 13,
2021, establishing an independent commission to review our community's response to the COVID-19 pandemic, and the ordinance was
amended on October 12, 2021 to extend the project timeline (Ordinance 2021-064). Overall, this review aims to identify opportunities for
better emergency preparedness, which includes the development of plans, resources, and capabilities to manage and recover from the
effects of a variety of potential future emergencies of a regional/national/global scale.
PROJECT APPROACH
Project Kick -Off and Management
Kick-off Meeting. The BERK team will organize a kick-off call with the County's project team to discuss at least the following:
• The report structure and evaluative framework to be used to identify recommendations and opportunities for improvement.
• Primary and secondary audiences for the final report.
• Who to include in engagement, considering Whatcom County staff and external partners.
• Identify County concerns or guidance regarding potentially sensitive topics.
Ongoing Project Management. BERKs Project Manager will remain in regular contact with the County's designated lead for the project. In
addition to sharing progress updates, we will identify and collaborate on solving any project risks that emerge.
Phase I: Data Gathering
With the pandemic ongoing, the majority of work described below will be accomplished with the intent to maximize social distancing and remote
work. In -person contact with County staff will be limited to matters that require a physical presence.
Lessons Learned Research. Some other jurisdictions nationally have already undergone a review of their COVID-19 response. We will conduct
desk research to discover such reports and evaluate what content may be useful for future Whatcom County operations.
Document Review and Benchmarking. The BERK team will gather and review available incident documentation prior to beginning interviews.
Whatcom County Codes, as well as existing plans and procedures that apply to disasters, will also be reviewed. We will review Situation Reports,
the results of internal reviews, and case rates and hospitalizations, comparing Whatcom County's response to that of peer counties.
Interviews and Follow-up. We will first develop an interview guide (a series of questions) to share with interviewees in advance, allowing them
to prepare for this brief conversation with our team. Based on the submitted budget, we anticipate engaging 15-25 County staff, including
individuals who had a direct response role and others were impacted by the County's response. We will also speak with at least 15-20 external
stakeholders, likely including: government agencies and special purpose districts, school districts, tribal nations, businesses and others. Following
these phone or video interviews, we anticipate asking follow-up questions via email, which we find is an effective method for efficiently gathering
information for both our team and our interviewees.
Phase 1 Report. We will summarize our findings in a brief report. We will review a draft with County Leadership, respond to questions, and issue
a final Phase I Report.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
Phase 2: Preliminary Recommendations
Development of Preliminary Recommendations. The BERK team will develop a summary of key findings and recommendations and a full draft
report for review with County leadership. While the structure and content of the report will emerge from information gathered in Task 2, we
anticipate many of the following topics will be covered:
• Adherence to pre -incident plans, procedures, and County Codes.
• Recommendations of edits to emergency management plans and County Codes.
• Recommendations regarding staffing and decision -making structures for extended length disasters such as COVID-19.
• Supply chain management of essential supplies, such as Personal Protective Equipment for County and partner needs, food distribution,
medical supplies, and emergency shelters.
• Continuity of Government services, including public safety, general government functions, and non -essential services.
• Coordination and cooperation with Health Department and external healthcare organizations.
• Public information and communications with county residents, businesses, and other government organizations including with vulnerable
populations.
• Media relations, public information, to include the use of social media.
For all relevant topics, we will document what happened, celebrate successes, and recommend immediate and long-term improvement strategies.
Presentation to County Leadership. We will present our draft preliminary recommendations to County leadership, respond to questions, and
take feedback for the Final Report.
Phase 3: Final Report
Development of Final Report and Summary Presentation. We will finalize our report, incorporating input from County leadership. Our report
will include an Executive Summary, methods and findings, description of successes and recommendations, and recommended next steps. Five
printed copies will be shared with the County and we will produce a PDF for posting online.
If desired, BERK's information design team will lay out the final report in a graphic format that supports widespread review and accessibility of the
document. As an alternative to a full report layout, we could target design resources on key exhibits (such as a graphic timeline) or on a short
standalone executive summary.
Presentation of Findings and Recommendations.
The BERK team will present our final report to County leadership. If desired, BERK will present findings to one or more audiences selected by
the County. This could include a presentation to County Council, with the ability of members of the press or public to listen in, or dedicated events
designed to communicate directly to the community, members of the press, or other interested stakeholder groups. Altematively, a presentation
can be developed by the BERK team for County staff to deliver to audiences of their choosing.
DESCRIPTION OF SERVICES
The services to be provided will include:
Phase 1: Data Gathering
The Phase 1 Data Gathering will include a comprehensive, independent review of the initial pandemic response. To minimize the impact to staff
responsible for our ongoing response the review should be limited to the period from January 1, 2020, to July 31, 2021, and include the
following areas of interest:
o Roles and responsibilities of county and local leaders (as per codes), including the County Health Board and Unified
Command.
o Evaluate expanding the designated senior county emergency advisory positions (i.e. manufacturing, logistics,
telecommunications, messaging/marketing/promotion) and the community sectors represented.
o Evaluate policy related to open communications to businesses and the public.
o Communications within emergency management and to the public.
o Emergency coordination among government leaders (County Health Board/Council, Executive, Health Department, WUC,
local jurisdictions).
o Expertise of staff working on pandemic response and how positions are filled.
o Evaluate logistics related to the fulfillment of supplies including:
■ personal protective equipment for emergency response, local businesses, and medical facilities
■ food distribution
■ medical supplies
■ emergency shelters
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
o Alternative communication plans in the event most/all traditional methods become unavailable.
o Availability of data to inform decision -making during the event.
o Application of guidance from policy documents (e.g., Emergency Management Plan and others).
o Comparison of Whatcom County's response with other similar counties.
o Track case rates and hospitalizations against WUC activities to identify progress made.
The Consultant will:
1. Gather information and data on the aforementioned topics.
a. Receive all available data and reports, including Situation Reports, the results of any internal post -pandemic reviews
completed (Sheriffs Office, Health Department, and others).
b. Review and consider guidance provided to pandemic response staff in plans and reports, including the Emergency
Management Plan, National Incident Management Systems (NIMS) Training, and others.
2. Collect feedback from County leadership and staff as well as other agencies via interviews and/or surveys
3. Review Phase 1 Data Report with County Leadership (Council/Executive/Sheriff)
Phase 2: Preliminary Recommendations
During Phase 2, the consultant will evaluate information collected in Phase 1 Data Gathering and identify preliminary recommendations for
improvements to the pandemic response as well as celebrate successes. Recommendations will consider not only the potential future event of
another pandemic, but also emergency response procedures related to other potential future global emergencies (e.g., cybersecurity event,
etc.). The Phase 2 Preliminary Recommendations may include but not be limited to the following:
1. Recommendations for code changes or regulations.
2. Summary of programmatic and staffing (e.g., expertise) needs to better prepare for the next event.
3. Recommended changes to decision -making structures (i.e. County Health Board, Executive/Health Department, Public Health
Advisory Board, WUC, etc.).
4. Identify best practices from other jurisdictions to address gaps and needs in our local pandemic response.
5. Specific edits for incorporation into the Whatcom County Emergency Management Plan and any other County guiding documents.
6. Presentation of preliminary recommendations to County Leadership (Council/Executive/Sheriff).
Phase 3: Final Report
During the Phase 3 Final Report, the consultant will compile information from the previous two phases into a report document and presentation.
This will include:
1. Final report with summary information from Phase 1 and Phase 2.
a. Full report with an executive summary, table of contents, appendices of data, chart of recommendations, and a 1-2-page
highlights document for quick reference.
2. A presentation of the final report to county leadership (Council/Executive/Sheriff).
3. A PDF document for posting on line.
4. Five (5) printed copies of the complete final report with appendices.
Project Timeline
Phase 1 (Data Gathering) will take place from January through March, 2022.
Phase 2 (Preliminary Recommendations) will be underway in April and May, 2022.
Phase 3 (Draft Findings and Report) will take place in May, with final work completed by the end of June, 2022.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
EXHIBIT "B"
(COMPENSATION)
In consideration of the services performed under the terms of this contract, the contractor will be paid a total not to exceed seventy-one
thousand, four hundred and eighty-five dollars ($71,485.00).
Contract Budoet
Btion Eric Diane Kristin Chloe
Murphy Haldeman Newmon Malcit Kinsey Total Hours and
Prolact Di -ado, AAR load Planner Analyst Annlyst Estimated Cost
2022 Houtly Rate S25o S175 S150 11160 $145 by Task
Kick-off Mitering 2 2 2 2 2
Ongoing Project Management 6
Subtotal
6
2
2
2
2 16
$3,2b0
Phost, I DATA GATHERING
Lessons learned Research
5
5
S
Document Review and Benrlxrtorktng
5
s
40
5
5
Interviews and Follow-up
(15.20 County staff + 15.20 external stoketwlders)
5
10
10
15
Development of Phose 1 Repon
S
10
20
5
10
Presentation to County Leadership
5
S
S
5
Subtotal
20
30
66
30
40 1I5
Developmenr of Prohns nary Recotnnendaticns
Presentation to County leadership
Subtotal
3 FINAL REPORT
10
S
1s
25
5
30
20
20
10
5
is
10
5
Is
VS
$tb:SZS
,Ph...
Development of Final Rip-t
5
10
40
10
20
Presentation to Canty Leaderidp
5
5
S
5
Addirlawf PrenntoMort of Findings
S
5
5
5
Subtotal
is
20
40
20
30
123
$20,I00
Ttstd IsNetetet! Noun
s8
82
127
67
87
421
Cost(MeuneRate)
$14,500
$14,330
$19,050
$10,720
$12,615
$71,233
Subtotal Consultant Cost
$71,235
Printing and Mileage
$250
Estimated Project Total
$71,485
The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Invoices should be submitted by the 15th
of the month following the month of service. Invoices submitted for payment must include task, date, and hours worked per person.
Aforementioned project total cost is inclusive of any incidental costs, including mileage and printing costs.
Invoices are to be submitted to the Clerk of the Council.
Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from the
Contractor.
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
EXHIBIT "C"
(CERTIFICATE OF INSURANCE)
Contract for Services
COVID-19 PANDEMIC RESPONSE REVIEW
V. 2021-5 (DocuSign)
1 ®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
01113/2022
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).
PRODUCER
CONTACT Molly Benshoof
NAME:
The Partners Group Ltd
HCONNo Ext : (425) 897-6026 Nc No ; (425) 691-2164
E-MAIL mbenshoof@tpgrp.com
ADDRESS:
11225 SE 6th St., Suite 110
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: National Fire Insurance of Hartford
20478
Bellevue WA 98004
INSURED
INSURER B : Continental Casualty Company
20443
INSURER C : Underwriters at Lloyds, London
BERK Consulting, Inc
INSURER D :
2200 Sixth Ave, Ste 1000
INSURER E :
INSURER F :
Seattle WA 98121
COVERAGES CERTIFICATE NUMBER: 21/22 GL/AU/SG/UMB/ REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
INTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MM/DO//YYYY
MM/DD1YYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 2,000,000
�/
CLAIMS -MADE OCCUR
AM
PREMISES Ea occurrence
300,000
$
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,000
A
Y
Y
4017749887
09/18/2021
09/18/2022
GEN'LAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
POLICY � JEST LOC
PRODUCTS - COMP/OPAGG
$ 4,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
ANYAUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
4017749887
09/18/2021
09/18/2022
BODILY INJURY (Per accident)
$
X
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY IXAUTOS ONLY
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
B
EXCESS LIAB
CLAIMS -MADE
4017751039
09/18/2021
09/18/2022
DED I X1 RETENTION $ 10,000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
N/A
4017749887
09/18/2021
09/18/2022
PER I X OTH-
STATUTE /� ER
WA STOP GAP
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
Each Claim
$2,000,000
PROFESSIONAL LIABILITY
C
W16985210801
09/18/2021
09/18/2022
Aggregate
$2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Whatcom County, its departments, elected and appointed officials, employees, agents and volunteers are included as Additional Insureds and Primary &
non-contributory for General Liability as their interest may appear as respects operations performed by or on behalf of the Named Insured, as required by
written contract per form attached. Waiver of transfer of rights of recovery against others applies for General Liability as required by written contract per form
attached.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Whatcom County ACCORDANCE WITH THE POLICY PROVISIONS.
311 Grand Ave., Suite 105
AUTHORIZED REPRESENTATIVE (�,�; _'/j
Bellingham WA 98225 � / � Q� r1_rµ•Y/xJ"
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
CNA
SB146932G
(Ed. 10-19)
BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A.
Additional Insured — Blanket Vendors
B.
Miscellaneous Additional Insureds
C.
Additional Provisions Pertinent to Additional Insured Coverage
1.a. Primary — Noncontributory provision
1.b. Definition of "written contract"
2. Additional Insured — Extended Coverage
II. Liability
Extension Coverages
A.
Bodily Injury — Expanded Definition
B.
Broad Knowledge of Occurrence
C.
Estates, Legal Representatives and Spouses
D.
Fellow Employee First Aid
E.
Legal Liability — Damage to Premises
F.
Personal and Advertising Injury — Discrimination or Humiliation
G.
Personal and Advertising Injury — Broadened Eviction
H.
Waiver of Subrogation — Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED — BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to below
as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to
"bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular
course of the vendor's business, subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business, in connection with the distribution or sale
of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premises in connection with the sale of the product;
g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor; or
SB146932G (10-19)
Copyright, CNA All Rights Reserved.
Page 1 of 7
SB146932G
(Ed. 10-19)
h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not
apply to:
(1) The exceptions contained in Subparagraphs d. or f.; or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and
made a part of this Policy.
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products -
completed operations hazard" is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional
insured on this policy under a "written contract."
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will
not provide the additional insured with:
a. A higher limit of insurance than required by such "written contract;"
b. Coverage broader than required by such "written contract" and in no event greater than that described
by the applicable paragraph a. through k. below; or
c. Coverage for "bodily injury" or "property damage" included within the "products -completed
operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is
provided by paragraph 3.j. below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law.
3. Only the following persons or organizations can qualify as additional insureds under this endorsement:
a. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
2 out of:
(1) such person or organization's financial control of you; or
(2) Premises such person or organization owns, maintains or controls while you lease or occupy these
premises;
provided that the coverage granted to such additional insureds does not apply to structural alterations,
new construction or demolition operations performed by or for such additional insured.
b. Co-owner of Insured Premises
A co-owner of a premises co -owned by you and covered under this insurance but only with respect to the
co -owners liability for "bodily injury," "property damage" or "personal and advertising injury" as co-
owner of such premises.
c. Grantor of Franchise
Any person or organization that has granted a franchise to you, but only with respect to such person or
organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as
grantor of a franchise to you.
SB146932G (10-19) Page 2 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for "bodily
injury," "property damage" or "personal and advertising injury" caused in whole or in part by your
maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such
"bodily injury" or "property damage" or the offense giving rise to such "personal and advertising
injury" takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury,"
"property damage" or "personal and advertising injury" arising out of the ownership, maintenance or
use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such
"bodily injury" or "property damage" or the offense giving rise to such "personal and advertising
injury," takes place prior to the termination of such lease. The insurance hereby afforded to the additional
insured does not apply to structural alterations, new construction or demolition operations performed by,
on behalf of or for such additional insured.
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only
with respect to liability for "bodily injury," "property damage" or "personal and advertising injury"
arising out of the ownership, maintenance or use of such part of the premises leased to you, and
provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense
giving rise to such "personal and advertising injury," takes place prior to the termination of such lease.
The insurance hereby afforded to the additional insured does not apply to structural alterations, new
construction or demolition operations performed by, on behalf of or for such additional insured.
g. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or
receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising
out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by, on behalf of or for such additional insured.
h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or
authorization, but only with respect to such government agency or subdivision or political subdivision's
liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of:
(1) The following hazards in connection with premises you own, rent, or control and to which this
insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults, street banners, or decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance or use of any elevators covered by this insurance; or
(2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted
by this paragraph does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of
operations performed for the state or government agency or subdivision or political subdivision;
or
(b) "Bodily injury" or "property damage" included within the "products -completed operations
hazard."
With respect to this provision's requirement that additional insured status must be requested under a
"written contract," we will treat as a "written contract" any governmental permit that requires you to add
the governmental entity as an additional insured.
SB146932G (10-19)
Copyright, CNA All Rights Reserved.
Page 3 of 7
SB146932G
(Ed. 10-19)
i. Trade Show Event Lessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any
person or organization whom you are required to include as an additional insured, but only with respect to
such person or organization's liability for "bodily injury," "property damage," or "personal and
advertising injury" caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations at the trade show premises during the trade show event.
j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through I. above. Such
additional insured is an insured solely for "bodily injury," "property damage" or "personal and
advertising injury" for which such additional insured is liable because of your acts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
(1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the
rendering or failure to render any professional services;
(2) For "bodily injury" or "property damage" included in the "products -completed operations
hazard." But this provision (2) does not apply to such "bodily injury" or "property damage" if:
(a) It is entirely due to your negligence and specifically results from your work for the additional
insured which is the subject to the "written contract"; and
(b) The "written contract" requires you to make the person or organization an additional insured for
such "bodily injury" or "property damage"; or
(3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
1. With respect only to additional insured coverage provided under paragraphs A. and B. above:
a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the
Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary,
excess, contingent or on any other basis. However, if a "written contract" requires that this insurance be
m either primary or primary and noncontributing, then this insurance will be primary and non-contributory
N relative solely to insurance on which the additional insured is a named insured.
0
b. Under Liability and Medical Expense Definitions, the following definition is added:
"Written contract" means a written contract or agreement that requires you to make a person or
organization an additional insured on this policy, provided the contract or agreement:
(1) Is currently in effect or becomes effective during the term of this policy; and
(2) Was executed prior to:
(a) The "bodily injury" or "property damage;" or
(b) The offense that caused the "personal and advertising injury";
for which the additional insured seeks coverage.
2. With respect to any additional insured added by this endorsement or by any other endorsement attached to
this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons
insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured;
SB146932G (10-19) Page 4 of 7
Copyright, CNA All Rights Reserved.
SB 146932G
(Ed. 10-19)
b. A partnership or joint venture, then its partners, members and their spouses are insureds;
c. A limited liability company, then its members and managers are insureds;
d. An organization other than a partnership, joint venture or limited liability company, then its executive
officers, directors and shareholders are insureds; or
e. Any type of entity, then its employees are insureds;
but only with respect to locations and operations covered by the additional insured endorsement's provisions,
and only with respect to their respective roles within their organizations. Furthermore, employees of
additional insureds are not insureds with respect to liability arising out of:
(1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person
listed in paragraphs a. through d. above;
(2) "Property damage" to property owned, occupied or used by their employer or by any fellow employee; or
(3) Providing or failing to provide professional health care services.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any
other endorsement attached to this policy amends any provision also amended by this endorsement, then that other
endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do
not apply.
A. Bodily injury — Expanded Definition
Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by
the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical
injury, sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense,
Claim or Suit is amended to add the following:
Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense,
claim or "suit" is known to:
(1) You or any additional insured that is an individual;
(2) Any partner, if you or an additional insured is a partnership;
(3) Any manager, if you or an additional insured is a limited liability company;
(4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation;
(5) Any trustee, if you or an additional insured is a trust; or
(6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured.
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under
this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only
for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks
damages from marital common property, jointly held property, or property transferred from such natural person
insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative or spouse outside the scope of such person's capacity as such, provided however that the spouse
of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named
Insured's business.
SB146932G (10-19)
Copyright, CNA All Rights Reserved.
Page 5of7
SB146932G
(Ed. 10-19)
D. Fellow Employee First Aid Coverage
In the section entitled Who Is An Insured, paragraph 2.a.1. is amended to add the following:
The limitations described in subparagraphs 2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily
injury" that results from providing cardiopulmonary resuscitation or other first aid services to a co -"employee" or
"volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your
business. Your "employees" are hereby insureds for such services. But the insured status conferred by this
provision does not apply to "employees" whose duties in your business are to provide professional health care
services or health examinations.
E. Legal Liability— Damage To Premises
1. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is
replaced by the following:
k. Damage To Property
"Property damage" to:
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other
person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of
such property for any reason, including prevention of injury to a person or damage to another's
property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises;
3. Property loaned to you;
4. Personal property in the care, custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working
directly or indirectly in your behalf are performing operations, if the "property damage" arises out of
those operations; or
6. That particular part of any property that must be restored, repaired or replaced because "your work"
was incorrectly performed on it.
Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or held for rental by you.
Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire
or explosion) to premises:
(1) rented to you:
(2) temporarily occupied by you with the permission of the owner, or
(3) to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D —
Liability and Medical Expenses Limits of Insurance.
Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph 6 of this exclusion does not apply to "property damage" included in the "products -
completed operations hazard."
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and
replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and
Advertising Injury:
Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you
or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a
period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in
Section D. Liability And Medical Expenses Limits Of Insurance.
SB146932G (10-19) Page 6 of 7
Copyright, CNA All Rights Reserved.
SB146932G
(Ed. 10-19)
3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled
Liability And Medical Expenses Limits Of Insurance is replaced by the following:
The most we will pay under Business Liability for damages because of "property damage" to any one
premises, while rented to you or temporarily occupied by you with the permission of the owner, including
contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to
Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of:
a. $1,000,000; or
b. The Damage to Premises Rented to You Limit shown in the Declarations.
F. Personal and Advertising Injury — Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is
amended to add the following:
h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only
if such discrimination or humiliation is:
(1) Not done intentionally by or at the direction of:
(a) The insured; or
(b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited
liability company) of the insured; and
(2) Not directly or indirectly related to the employment, prospective employment, past employment or
termination of employment of any person or person by any insured.
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and
Advertising Injury is amended to add the following additional exclusions:
(15)Discrimination Relating to Room, Dwelling or Premises
Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective
sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured.
(16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment,
past employment or termination of employment of any person by any insured.
(17) Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if
Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by
endorsement.
G. Personal and Advertising Injury - Broadened Eviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is
amended to delete Paragraph c. and replace it with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room
dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord
or lessor.
H. Waiver of Subrogation — Blanket
We waive any right of recovery we may have against:
a. Any person or organization with whom you have a written contract that requires such a waiver.
All other terms and conditions of the Policy remain unchanged.
SB146932G (10-19)
Copyright, CNA All Rights Reserved.
Page 7 of 7
COUNTYCOURTHOUSE
311 Grand Avenue, Suite #1o5
Bellingham, WA 98225-4038
(360) 778-5010
MEMORANDUM
TO: Satpal Sidhu, County Executive
FROM: Cathy Halka, Legislative Analyst
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
RE: Contract for Consultant Services for COVID-19 Pandemic Response Review
DATE: December 21, 2021
Enclosed are two (2) originals of a contract between Whatcom County and BERK Consulting,
Inc. for your review and signature.
• Background and Purpose
Whatcom County issued an RFP (#21-60) for Consultant Services for the COVID-19
Pandemic Response Review. A Selection Committee reviewed four proposals and
interviewed the top two firms. BERK Consulting, Inc. was identified as the preferred firm.
• Funding Amount and Source
The 2022 Mid -Biennium budget includes approved funding in 2022 for this project.
Please contact Cathy Halka at extension 5019, if you have any questions or concerns
regarding the terms of this agreement.
Encl.