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City Council Meeting - Council - Agenda - 07/20/2010
i � �. CITY OF KENT _q City Council Meeting Agenda July 20, 2010 1 Mayor Suzette Cooke ' Jamie Perry,Council President Councilmembers Elizabeth Albertson Ron Harmon -� Dennis Higgins Deborah Ranniger Debbie Raplee �• KENT WASHINGTON Les Thomas CITY CLERK i ' -C-135 KENT CITY COUNCIL AGENDAS \114KENT July 20, 2010 Was 1vGTQN Council Chambers ' MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. 1 Item Description Speaker Time 1. Seattle Southside Ben Wolters 25 minutes 2. Communications Plan Update Michelle Witham 30 minutes ********************************************************************** COUNCIL MEETING AGENDA ' 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE ' 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. National Night Out Proclamation D. Parks and Recreation Month Proclamation E. 2010 Commute Trip Reduction Award Winners F. Introduction of Lodging Tax Committee Appointees G. Public Safety Report 5. PUBLIC HEARINGS A. Transportation Benefit District Ordinance 6. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Professional Services Agreement with Alliant Insurance Services - Authorize D. Microsoft Enterprise Software Agreement Annual Renewal - Authorize E. Lodging Tax Committee Appointments - Confirm F. 2008 Miscellaneous Water Mains (Scenic Hill) - Accept as Complete ' (Continued) COUNCIL MEETING AGENDA CONTINUED G. Contract with CentrePointe Consultants, Inc. for On-Call Survey Services - Authorize H. Street Sweeping Change Order #3 with McDonough & Sons - Authorize I. Washington Traffic Safety Commission Target Zero, Drive Hammered Get Nailed, Amendment #1 - Accept J. Washington Traffic Safety Commission Target Zero, Special Enforcement, Amendment #1 - Accept K. Valley Narcotics Enforcement Team Interlocal Cooperative Agreement - Authorize L. King County Sheriff's Office Cost Reimbursement Agreement - Accept M. Federal Bureau of Investigation Innocence Lost Task Force Memorandum of Understanding and Cost Reimbursement Agreement - Authorize N. Comprehensive Emergency Management Plan - Accept O. Public Safety Testing, Inc. Subscriber Agreement - Authorize P. SECTOR Service Level Agreement with Washington State Patrol - Authorize 7. OTHER BUSINESS None 8. BIDS ' A. Daniel and Horizon Safe Walking Routes to School B. 640 Zone Reservoir C. 2010 Miscellaneous Sanitary Sewer & Miscellaneous Water Main Improvements 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Property Acquisition 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i t PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION B) COMMUNITY EVENTS C) NATIONAL NIGHT OUT PROCLAMATION D) PARKS AND RECREATION MONTH PROCLAMATION rE) 2010 COMMUTE TRIP REDUCTION AWARD WINNERS F) INTRODUCTION OF LODGING TAX COMMITTEE APPOINTEES G) PUBLIC SAFETY REPORT PR.00IA7VLAVOW Whereas, the NationaC ssociation of T" wn Watch is sponsoring a unique nationwide crime and drug prevention program on August 3, 2010 called"National Night out". and Whereas, the City of xent plays a vital role in assisting our Police Department through joint crime and drug prevention efforts in the City of .Cent and is supporting "National Night Out" locally; and Whereas, it is important that all citizens of the City of Xent know the value of crime prevention programs and the impact that citizen participation can have on reducing crime ' and drug abuse; NOW, PHEREFOR.E, I, Suzette Cooke, Mayor of.Cent, do hereby proclaim .august 3, 2010 as "N.ATlojvAi j1 iGHl�oug-" In the City of .pent, Washington, and I encourage all citizens, neighborhoods and communities to participate in the City's crime prevention efforts to more tightly weave the fabric of the community andstrengthen community spirit. In witness whereof, I have hereunto set my hand and caused the seal of Xent to be affixed this loth day of July 2010. - , r Suz Cooke, Mayor KENT WASHINGTON PROCLAMATION WHEREAS, our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all residents, and contributing to the economic and environmental well-being of a community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, and improve the physical, mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, Kent, Washington in King County recognizes the benefits derived from parks and recreation resources; NOW THEREFORE, I, Suzette Cooke, Mayor of the City of Kent, do hereby proclaim July 2010 as PARKS AND RECREATION MONTH and encourage all residents to get out and play. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 20'h day of July, 2010. tte Cooke, Mayor KENT WASHINGTON Kent City Council Meeting Date July 20, 2010 Category Public Hearings - 5A 1. SUBJECT: TRANSPORTATION BENEFIT DISTRICT ORDINANCE 2. SUMMARY STATEMENT: Today has been set as the date for the public hearing and first introduction of the draft ordinance, which is adopted would establish a transportation benefit district within the Kent City limits. Staff ' provided proper notice of the hearing as required by RCW 36.73.050. The legislative authority of a city may establish a transportation benefit district within the city area for the purpose of acquiring, constructing, improving, providing, funding and/or maintaining transportation improvements within the district that are consistent with any existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. The proposed transportation benefit district may impose a vehicle license fee to provide a funding source. 3. EXHIBITS: Ordinance and Staff Report 4. RECOMMENDED BY: Public Works Committee 1 (Committee, Staff, Examiner, Commission, etc.) S. FISCAL IMPACT Expenditure? Revenue? Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember seconds DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E , Public Works Director Phone: 253-856-5500 • Fax: 253-856-6500 KENT W^s H I N G-O N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: June 18, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: June 21, 2010 From: Cathy Mooney, Senior Transportation Planning Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Transportation Benefit District, Vehicle License Fee Option Motion: Move to recommend that Council set a date for a Public Hearing on a draft ordinance establishing a Transportation Benefit District within the corporate limits of the City of Kent, authorizing a Transportation Benefit District Board to establish an Annual Vehicle License Fee, and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent Transportation Benefit District" subject to minor edits by the Public Works Director or the City Attorney. Summary: A Transportation Benefit District (TBD) is a quasi-municipal corporation and independent taxing district created for the sole purpose of acquiring, constructing, improving, providing, and funding transportation improvements within _ the district. The boundaries of the TBD are identical to the City limits. (Chapter 36.73 RCW) Funds used to operate the District must be used for transportation improvements that are consistent with existing regional, state, and local transportation plans and necessitated by existing and reasonable foreseeable congestion levels as provided in Chapter 36.73 RCW. It is also in the public interest to provide for transportation improvements that reduce the risk of transportation facility failure improve safety, decrease travel time, increasing capacity, improving modal connectivity, and preserve and maintain existing transportation infrastructure. The City has limited funds to pay for necessary transportation pavement management and preservation on City arterials, bridges, and major collectors. This has resulted in the need to provide an ever-increasing annual subsidy from the City's general fund. Budget Impact: With the establishment of a TBD Vehicle License Fee, the City can replace a portion of the transportation funding that has been lost over the years, and be better able to preserve, maintain or expand the City's transportation infrastructure into the future. ORDINANCE NO. 1 AN ORDINANCE of the City Council of the City of Kent, Washington, establishing a Transportation Benefit District within the corporate limits of the City of Kent, specifying the use of funds for maintenance and preservation of existing transportation improvements, and for additional transportation improvements, authorizing the Transportation Benefit Board to Establish an Annual Vehicle License Fee; and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent Transportation Benefit District." RECITALS A. The City of Kent has the responsibility under the Constitution of the State of Washington for the improvement, maintenance, and protection of public ways within the corporate limits of the City pursuant to Chapter 35.22 RCW. B. The improvement, maintenance, and protection and operation of public ways requires providing necessary transportation improvements and preserving existing transportation improvements to avoid catastrophic failure of the improvements which would require Isignificant additional funds to reconstruct, as well as their gradual deterioration. 1 Transportation Benefit District New Chapter - KCC 3.28 i C. State and regional transportation plans identity as priorities regional connectivity and the maintenance and preservation of existing transportation systems. See "Washington Transportation Plan for 2007- 2026, adopted by the Washington State Transportation Commission (State Transportation Plan); "Destination 2030 Metropolitan Transportation Plan for the Central Puget Sound Region," Puget Sound Regional Council. D. The State Plan and the City's own plans identify capital projects that are critical to the efficient movement of people and goods both locally and regionally. See Transportation Element of the City of Kent Comprehensive Plan; "City of Kent Six Year Transportation Improvement Program; City of Kent Transportation Master Plan." E. The funding sources for cty's capital improvements and for the preservation and maintenance of the City's transportation infrastructure have been significantly reduced in recent years. F. The City of Kent's transportation system has reached poor levels of service on some significant arterials and requires improvement to sufficient capacity to accommodate existing and foreseeable increased congestion levels. G. The City desires to improve its transportation facilities to t facilitate regional connectivity and better overall transportation within the City of Kent. H. Chapter 36.73 RCW provides for the establishment of , transportation benefit districts and for the levying of additional revenue sources for transportation improvements within the District that are consistent with existing state, regional and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. j 2 Transportation Benefit District New Chapter - KCC 3.28 I. RCW 35.21.225 authorizes the City Council to establish a Transportation Benefit District subject to the provisions of Chapter 36.73 RCW. I The City desires to form a Transportation Benefit District which includes the entire City of Kent as the corporate boundaries currently exist or are hereafter extended by annexation. K. The City provided proper notice, conducted a public hearing on and took public comment regarding the proposed establishment of a Transportation Benefit District in accordance with RCW 36.73.050. L. The City Council of the City of Kent finds it to be in the best interests of the City to establish a citywide Transportation Benefit District for transportation improvements that improve regional connectivity and local levels of service; for the preservation and maintenance of the City's transportation infrastructure consistent with Chapter 36.73 RCW; to protect the City's long term investments in that infrastructure; to reduce the risk of transportation facility failure; to improve safety; to continue optimal performance of the infrastructure over time; to avoid more expensive infrastructure replacements in the future; and to implement the City's plans and programs. M. The City Council of the City of Kent shall establish a governing body for the Transportation Benefit District comprised of the City Council acting in an ex officio and independent capacity. 1 3 Transportation Benefit District New Chapter - KCC 3.28 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Purpose. The purpose of this Ordinance is to establish a Transportation Benefit District pursuant to RCW 35.21.255 and 36.73 RCW. SECTION 2. - Findings. The City Council finds it is in the public interest to provide adequate levels of funding to make transportation improvements that are consistent with existing state, regional, and local 1� transportation plans and necessitated by existing or reasonably foreseeable congestion levels as provided in Chapter 36.73 RCW. Council further finds that it is in the public interest to provide for transportation improvements that improve regional and modal connectivity and levels of j service and that specifically focus on protecting the City's long term investments in its infrastructure, reducing the risk of transportation facility failure, improving safety, continuing optimal performance of the infrastructure over time, and avoiding more expensive infrastructure replacements in the future. SECTION 3. - Create. A new chapter, Chapter 3.28 of the Kent City Code entitled Transportation Benefit District, is hereby created to read as follows: Chapter 3.28 ' Transportation Benefit District Sec. 3.28.010. Transportation Benefit District Established. There is created a transportation benefit district to be known as the Kent 4 Transportation Benefit District New Chapter - KCC 3.28 Transportation Benefit District or "District" with geographical boundaries comprised of the corporate limits of the City as they currently exist or as they are extended by future annexations. Sec. 3.28.020. Governing Board. A. The governing board of the Transportation Benefit District shall be the Kent City Council acting in an ex officio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter 36.73 RCW. B. The treasurer of the Transportation Benefit District shall be the City Financial Services Director. C. The Board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). D. The Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). E. Meetings of the Board shall be governed by the procedural rules applicable to meetings of the Kent City Council, as the same may be amended from time to time. F. The first action of the Board shall be to nominate and elect a chair who shall preside over all meetings of the Board. Sec. 3.28.030. Authority of the District. The Board shall have and may exercise any powers provided by law to fulfill the purpose of the District including the authority to issue general obligation bonds and revenue bonds, form local improvement districts, 5 Transportation Benefit District New Chapter - KCC 3.28 accept gifts and grants and exercise the power of eminent domain, provided that, the District shall have no authority to impose taxes, fees, charges or tolls except as provided herein. Sec. 3.28.040. Purpose. This district is formed for the purpose of acquiring, constructing, improving, providing, and funding a transportation improvement with the district that is consistent with the City's adopted Capital Improvement Program (CIP), Six-year Transportation Improvement Program (TIP), or Transportation Master Plan (TMP), all as may be amended by the Kent City Council, or consistent with any existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. Sec. 3.28.050. Functions, Activities and Transportation Improvement Projects. If necessitated by existing or reasonably foreseeable congestion levels, the district's authorized functions, activities and transportation improvement projects include (1) any project identified in the City of Kent's CIP, TIP, or TMP, as now enacted or amended in the future, (2) any existing state, regional, and local transportation plan, or (3) maintenance and operations of any of the city's existing streets and related infrastructure. For the purposes of this section, "maintenance and operations" includes ordinary maintenance, such as and without limitation, street sweeping, striping, or storm drain cleaning, and extraordinary maintenance, such as and without limitation, snow plowing, pothole repair, or overlay, whether caused by vehicle activity, weather, or force majeure. Sec. 3.28.060. Use of Funds.The funds generated by the Transportation Benefit District may be used for any purpose allowed by law and as directed by the governing board of the district, including the functions, activities and transportation improvement projects identified in 6 Transportation Benefit District New Chapter - KCC 3.28 the previous section. When applying funds to any function, activity or transportation improvement project, the governing board will consider the following criteria: (1) Reduced risk of transportation facility failure and improved safety; (2) Improved travel time; (3) Improved air quality; (4) Increases in daily and peak period trip capacity; 1 (5) Improved freight mobility; (6) Cost-effectiveness of the investment; (7) Optimal performance of the system through time; and (8) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in RCW 47.06B.012. Sec. 3.28.070. Establishment of Vehicle Fee Revenue Source.—The Board shall, have the authority to impose an annual vehicle license fee in the amount of twenty dollars ($20.00), consistent with RCW 36.73, to be collected by the Washington State Department of Licensing on qualifying vehicles as set forth in RCW 82.80.140 and Chapters 36.73 and 46.16 RCW. Sec. 3.28.080. Dissolution of District. The Transportation Benefit District shall be automatically dissolved when all indebtedness of the district has been retired and when all of the District's anticipated ' responsibilities have been satisfied. Sec. 3.28.090. Liberal Construction. As authorized pursuant to Chapter 36.73 RCW, this chapter shall be liberally construed to permit the accomplishment of its purposes. 7 Transportation Benefit District New Chapter - KCC 3.28 SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Corrections by the City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to local, state or federal laws, codes rules or regulations; or ordinance numbering and i section/subsection numbering/lettering. SECTION 6 .- Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 8 Transportation Benefit District New Chapter - KCC 3.28 PASSED: day of ' 2010. APPROVED: day of , 2010. PUBLISHED: day of , 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P \Civil\Ordinance\TransportationBenefit.docx j 9 Transportation Benefit District New Chapter - KCC 3.28 tKent City Council Meeting Date July 20, 2010 ' Item No. 6A - 6B CONSENT CALENDAR 6. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through P. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 6, 2010. 6B. Approval of Bills. Approval of payment of the bills received through June 15 and paid on June 15 after auditing by the Operations Committee on July 6, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount ' 6/15/10 Wire Transfers 4186-4206 $2,188,470.94 6/15/10 Regular Checks 644046-644403 1,036,663.37 Void Checks 644076 (355.70) Use Tax Payable 2,224.57 $3,227,003.18 Approval of payment of the bills received through June 30 and paid on June 30 after auditing by the Operations Committee on June 15, 2010. Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/10 Wire Transfers 4207-4222 $1,573,804.10 6/30/10 Regular Checks 644404-644831 2,887,932.59 Void Checks 64450-644506 (11475.50) ' Use Tax Payable 1,852.99 $4,462,114.18 (Continued on back) 6B. Approval of Bills. ' Approval of checks issued for payroll for June 1 through June 15 and paid on , June 18, 2010: ' Date Check Numbers Amount 6/18/10 Checks 318355-318587 $ 193,264.74 6/18/10 Advices 269047-269831 1,589,292.39 ' $1,782,557.13 Approval of checks issued for payroll for June 16 through June 30 and paid on t July 2, 2010: Date Check Numbers Amount , 7/2/10 Checks 318588-318827 $ 210,802.52 7/2/10 Advices 269832-270614 1601,068.61 $1,811,871.13 ' Kent City Council Meeting KENT July 6, 2010 WASMINGTOM The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) Council President Perry added Item H to the Consent Calendar, as excused absences for Councilmembers Harmon ' and Thomas from the June 28 special meeting. Harmon requested that Continued Communications be moved to Public Communications, Item D. ' B. From the Public. (CFN-198) There were no changes from the public. PUBLIC COMMUNICATIONS ' A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Ranniger noted that there are many free ' community events provided for the summer, such as the Kent Summer Art Exhibit & Gala, the Summer Concert Series, and playground activities at different park locations. C. 100 Years of Camo Fire Day Proclamation. (CFN-155) Mayor Cooke presented the proclamation declaring Saturday, July 31, 2010 as 100 years of Camp Fire Day to Patti Ford representing The Benson Hill Knowledge Seekers, 3rd to 8th graders, who are part of Camp Fire USA Central Puget Sound Council. ' ADDED ITEM D. Continued Communications. (CFN-198) Linda Vu, 14041 30th Ave. NE, Seattle, stated that she works with the LaRouche Political Action Committee and explained the ' Glass-Steagall Banking Act and why they were asking cities to pass memorial resolutions in support of a federal act. Sarah Stuart, 11518 25th Ave. NE, Seattle, stated that she also works for the LaRouche Political Action Committee and explained the Cantwell-McCain Glass-Steagall amendment to the Dodd bill. Greg Blount, Executive Director of MHCP, owners of Bonel Mobile Manor, 24415 64th Ave. S., Kent, issued an invitation to a picnic lunch and pool party scheduled for Saturday, July 17, and stated they are in the middle of fundraising to rehab the community and have hired Beacon Development to help with the fundraising. Marvin Eckfeldt, 11428 SE 2261h St., Kent, thanked the Mayor's Office, City Administrator, the Department Heads and their staff and members of the City Council ' for all the extra hours preparing for the annexation transfer after the public vote and between then and July 1, a lot of hours and excellent open houses at Horizon Elementary and Kentridge High School to make the way ready for Panther Lake residents to follow City government. ' 1 Kent City Council Minutes July 6, 2010 Ken Iverson, 24009 104"' Ave. SE #215, Kent, stated that he was here to represent ' Peace Day, the organization and event adding that the first annual "Peace Day Celebration" will be on Saturday, July 10 at 7:00 p.m. at the Kent-Meridian Performing Arts Center. CONSENT CALENDAR ' Perry moved to approve Consent Calendar Items A through H. Ranniger seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of June 15, 2010 and special Council meeting of June 28, 2010, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through May 15 and paid on May 15 after auditing by the Operations Committee on June 1, 2010, were ' approved. Approval of checks issued for vouchers: ' Date Check Numbers Amount 5/15/10 Wire Transfers 4151-4168 $1,989,898.51 , 5/15/10 Regular Checks 643083-643527 1,073,722.29 Void checks ($553.50) Use Tax Payable 3,807.43 ' $3,066,874.73 Payment of the bills received through May 31 and paid on May 31 after auditing by , the Operations Committee on June 15, 2010, were approved. Approval of checks issued for vouchers: ' Date Check Numbers Amount 5/31/10 Wire Transfers 4169-4185 $1,671,507.25 5/31/10 Regular Checks 643528-644045 3,147,301.57 , Void checks ($0) Use Tax Payable 2,767.75 $4,821,576.57 , Checks issued for payroll for May 1 through May 15 and paid on May 20, 2010, were approved: Date Check Numbers Amount 5/20/10 Checks 317853-318138 $ 176,237.14 ' 5/20/10 Advices 267477-268263 1,608,272.22 $1,784,509.36 2 ' Kent City Council Minutes July 6, 2010 ' Checks issued for payroll for May 16 through May 31 and paid on June 4, 2010, were approved: Date Check Numbers Amount 6/4/10 Checks 318139-318354 $ 218,999.30 6/4/10 Advices 268264-269046 1,609,778.15 $1,828,777.45 ' C. Telephone Switch Eauipment Maintenance Agreement. (CFN-1155) The Mayor was authorized to sign the Qwest Telephone Switch Maintenance Agreements for an initial term of one-year with four one-year renewal options, subject to final terms and conditions acceptable to the City Attorney. ' D. Vacation of S. 268th St., East of 40th Avenue South and West of 42nd Avenue So. — Resolution Setting Hearing Date. (CFN-102) Resolution No. 1830 setting August 3, 2010, as the date for the public hearing regarding a Street Vacation Ordinance and Agreement for South 268th Street, between Federal Way School District and the City of Kent to vacate a portion of South 2681h Street between 42nd Avenue South and 40`h Avenue South was adopted. E. Water System Plan Financial Analysis Consultant Agreement. (CFN-599) The Mayor was authorized to sign an agreement with FCS Group Inc., in the amount of $27,520, to perform financial analysis work for the Water Utility, subject to final agreement terms and conditions acceptable to the City Attorney and the Public Works Director. F. Transportation Benefit District — Set Hearing Date. (CFN-104) July 20, 2010, was set as the date for the public hearing and first introduction of the draft ordinance establishing a transportation benefit district within the City limits of Kent, ' and the City Clerk was directed to provide notice of the hearing as required by RCW 36.73.050. G. Sun Meadow Storm Repair. (CFN-1038) The Sun Meadow Storm Repair Project was accepted as complete and release of retainage to Scotty's General Construction, Inc., upon receipt of standard releases from the state and the release of any liens was authorized. The original contract amount was $362,384.76 and the final contract amount was $295,603.52. ' ADDED H. Excused Absences. (CFN-198) The excused absence of Councilmembers Harmon and Thomas from the June 28 special meeting was approved. OTHER BUSINESS A. Transportation Impact Fee Ordinance. (CFN-104) Transportation Impact Fees ' on new growth and the role those fees would play in the entire future transportation funding package has been discussed in committees and Council Study Sessions since 2006. Transportation Impact Fees are calculated based on trips generated by particular land uses. 3 Kent City Council Minutes July 6, 2010 State law requires that cities plan for projected growth and have infrastructure in place within 6 years to support it. If transportation impact fees were collected at the , highest allowable rate, they would provide up to 38% of funding for projects in the Transportation Management Plan. Tim LaPorte, Public Works Director, reviewed the slides on the Transportation Master , Plan and Impact Fees that had been presented to the Public Works Committee on June 21 and Council Workshop this evening. LaPorte added that Kent has about $389 , million on a project list that takes the City through 20 years of growth to the year 2030 and the growth that is projected is about 45-50% of the cost responsibility and other 50-55% is basically considered existing deficiencies or traffic outside of Kent , such as pass-through traffic and approximately $189 million could be allocated to Traffic Impact Fees. LaPorte stated that these numbers were generated through outside experts that the City has employed on this project since the beginning of the ' Transportation Master Plan. He noted that the 2281h St. BNSF Grade Separation had a number of different funding elements and added that the project took roughly two years to build, two years to design, but ten years to finance. Ben Wolters, Economic and Community Development Director, explained the Impact Fee Comparison and Impact Fee Progression charts. He noted that this is one of ' many factors that can be looked at in terms of trying to understand the City's competitive position with other cities, and as the City tries to recruit and retain businesses, there are location factors, such as proximity to the ports, infrastructure , that is already provided that is definitely a high-quality infrastructure that makes a difference. Wolters stated that from an economic development perspective the 30% is well within the range that can be supported in terms of economic competitive advantage. He also stated that it is important that as the City goes forward and these impact rates go into effect, that staff monitor these rates and collect the data yearly and so that Council can make a decision as to how this may or may not impact the , type of growth that is seen in Kent. Wolters in answer to Harmon's question stated that figures are large if compared to , what would be collected under the current schedule or even what would be proposed in terms of the adjusted schedule at the 30% rate. He noted that the state economist is predicting that while recovery will be slow over the next year or two, that once the , recovery does click in that the region and the state as a whole will outperform the rest of the nation and will create a lot of demand, a key question will be to what extent will neighboring jurisdictions also raise their rates in order to deal with their transportation impact fees. Wolters stated that there is a risk as we progress and , that risk grows over time to the extent that it widens the gap with neighboring jurisdictions. Harmon asked if this would affect the type of businesses already in Kent and would , they be subject to this charge. Wolters stated that when these rates start affecting Kent's competitive position, for new jobs, and new development it will be monitored , very closely. He noted that there are some businesses now that these rates will affect and again, it is largely dependent on comparative analysis, it is also dependent upon another element, the ability of businesses to finance these costs, financing is very restricted due to the crisis in the financial industry. Wolters stated that he felt very 4 ' Kent City Council Minutes July 6, 2010 confident that the City can work with the 30% level and will stay focused on the impact as rates increase over time. Harmon asked LaPorte to elaborate on the issue regarding the transportation impact fee and the loss of the FMSIB grant fund money. LaPorte noted that the Executive Director of the Freight Mobility Board had visited and reminded us that the $3.2 million grant the City received about five years ago was in jeopardy of being lost. LaPorte stated that along one corridor there are two grade separations, one of which is lacking some funds, the other one has been completed at a cost close to $70 million and the project currently in jeopardy is the last piece of that corridor is the 2281h UP grade separation, which the City is obligated to build pursuant to the agreement with the federal government who funded the biggest share of the other component and the federal government is looking at the corridor from end to end, from Military Rd. to East Valley Highway. Harmon questioned the fact that Council is being asked to approve a project that costs $25 million and the funding gap is $16 million and asked if it would be possible to forestall and still show good faith to be able to keep the $3.25 million. LaPorte explained that because these are state funds and due to the severity of the state budget deficit, the Board's funds are being scrutinized and the reason that they are more concerned about communities like Kent is because they are getting a lot of pressure from the legislature to either use the funds or start over. Albertson asked LaPorte how much of the $389 million worth of projects on that list, is for grade separations. LaPorte said it is roughly $175 million. ' Albertson concurred with Wolters' comments about being competitive with other South County cities and urged the Council to take them into account and not sell the city cheap. Raplee asked LaPorte how losing grants would affect the City's image and he stated that although the City has gained a reputation for getting things done, it is very likely ' that we would lose credibility. Raplee asked about other projects that could be lost if some type of funding is not put ' into place. LaPorte noted that Willis Street, 212th Street, and 256th Street is at risk and will become endangered in about six months. ' Harmon asked LaPorte about the differences in the Comparisons within Kent Impact Fees, Kent Current, Kent 30% full rate and then the full rate with the reduction in downtown and where the difference in money comes from. LaPorte noted that the downtown project would probably be the Willis St. Grade Separation, and the difference would come from other funding partners, such as the Federal Government, Public Works Trust Fund Loan, Transportation Improvement Board, and have existing ' funds from the Freight Mobility Board. Don Sandahl, Fehr and Peers, explained that the downtown government office, in the ' example, was to demonstrate fewer vehicle trips in the PM peak because of proximity to public transportation, clustering of other uses, more walk trips, fewer people taking ' 5 Kent City Council Minutes July 6, 2010 ' their vehicles during the PM peak time and through studies around the country, those ' offices in that type of setting, when they do have vehicles departing or arriving, those ' trips are shorter because they are in closer proximity to other places, retail stores and so forth. He also explained that it's not Just the number of trips, it's how far they go, and a shorter trip has less impact on the street system, and in case of an office that , number is about 30% lower than a typical office that would occur someplace not in the downtown area and that based on surveys that we've been able to do and compile around the country. Harmon commented that the $1.1 million is only a number that was driven down because of the convenience to light rail, bicycle, bus to be able to get back and forth , to work, and asked if the $1.1 million is a number that the City would not be responsible to pay for. Sandahl answered that that was correct, in fact, the number that's shown at the $3.6 , million would probably never occur because if you didn't have a downtown trip adjustment that is proposed as part of the ordinance, a development would come in , and do their own independent studies and demonstrate that they would be generating fewer trips. He stated that having those adjustments in the code would make it easier for developments to come in and not have to do separate studies. Raplee moved to adopt Ordinance No. 3971 amending Title 12 of the Kent City Code adding a new chapter 12.14 entitled, "Transportation Impact Fees." Perry seconded. , Raplee stated that these grants are also taxpayers money, but losing those grants and tarnishing a reputation and not knowing what we might need in the future and knowing that transportation has been an issue within the City for many years and not , putting this through will just impact traffic that much more with more growth coming in through the City. ' Thomas stated that we are starting a new mechanism, in this case impact fees, which are adjustable anytime we want. He also stated that these impact fees can go down but they can also go up. Thomas noted that this Council is conservative and very , responsible, but who knows what future council members will do. Albertson noted that Council adopted this Transportation Master Plan in 2008 and are now halfway through 2010 and have spent all this time coming up with different funding strategies. She also noted that Kent has lot $40 million dollars in the last two years based on citizen initiatives and we then have to come up with alternate funding. , She stated that even if we were to fund this at 100%, we would need 38% of the money to fund the Transportation Master Plan but would still need to come up with another 62% of funding and would only be a little over a 1/3 of way by the end of ' 2016. She added that part of being responsible is asking development to pay for development. Ranniger noted that the impact fees on new development is a risk but if nothing is ' done there is a possibility that development won't consider our City because of the congestion. She also noted that if we want our City to grow and develop we have to , find a way to move through the City and this is one step that will take us in that 6 ' Kent City Coun cil Minutes July 6, 2010 direction. Ranniger stated that Council has the ability to change this impact fee, so she feels comfortable moving ahead with what is being proposed this evening. Perry commented about the Transportation Master Plan and said she is happy to see that Council is finally taking a first step to fund the transportation plan that was passed two years ago. She noted that the City should be proactive in funding the transportation plan and that Council is not willing to put the cost of transportation improvement projects on Kent residents. Higgins commented that Council is way behind in transportation improvements and ' one reason for that is that growth hasn't paid its way. He said that growth should pay for growth, that existing residents and businesses should contribute, and that the state and the federal government have to contribute to major projects. He noted that ' new businesses need to contribute to improvements otherwise existing businesses and residents are subsidizing the roads that are more and more crowded. He mentioned the fee deferral ordinance that was just passed for residential construction and a need for good jobs currently in this economy. Harmon commented on his concerns and that the TIP was passed in a different economy and Council should wait and start this in 2013 when the economy is back. He noted for example the streamline sales tax, which will become more retail than warehousing or distribution and that means that the warehousing will change over to either big box store or retail and when that happens there will be a change of use and now will be subject to impact fees. He commented how other cities are handling this and is concerned about employment. He said he empathizes with the other side of the issue. Upon a roll call vote, the motion carried 6-1 with Albertson, Higgins, Perry, Ranniger, Raplee and Thomas in favor and Harmon opposed. BIDS A. Horseshoe Bend/Foster Park Levee SR 167 to UPRR. (CPN-1318) LaPorte noted that Foster Park is located between SR 167 and Union Pacific Railroad tracks, going northbound on 167 at the Willis Street off ramp on the right lane looking directly to the east. He stated that this is the setback levee that was described earlier L at the Council Workshop meeting and as mentioned earlier the $422,898.18 from Lloyd Enterprises came in roughly at half the Engineer's estimate. LaPorte noted that Lloyd Enterprises is a well known contractor and has a credible reputation and are ' very pleased to have received such a good bid. He added that this project is being paid for through the grant that was received from the State at 100%. He pointed out that this is the test case to show the Federal Emergency Management Agency to certify this levee as a setback levee. Raplee moved to authorize the Mayor to sign an agreement on the Horseshoe Bend/Foster Park Levee project with Lloyd Enterprises, Inc. in the amount of $422,898.18. Harmon seconded and the motion carried. 7 Kent City Council Minutes July 6, 2010 REPORTS A. Council President. (CFN-198) Perry congratulated Lake Meridian for once again putting on the best Fireworks show and announced that the Dog Park Group is going to be having a booth at Cornucopia. B. Mayor. (CFN-198) Mayor Cooked noted that tomorrow the mayors will be , meeting with Congressman Reichert on the Howard Hanson Dam and the levee certification. She also noted that on Thursday at 5:30 p.m. at the Kent Lutheran Church, there will be a dedication for a Shower Trailer for the homeless and on Friday at 11:00 a.m. there will be a ribbon cutting at the Birch Creek Apartments. She announced that as part of Cornucopia Days, President Michael from our Sister City, , El Grullo, Mexico, will be here on Friday and he will also be riding in the parade and Miss Cornucopia will be crowned at 2:00 p.m. at the Town Square Plaza. C. Operations Committee. (CFN-198) Thomas noted that July 1 the City became , the 6th largest City in the State and also the RFA was created and that he was appointed to that Board. He also noted that he is on the Lodging Tax Advisory Board ' and announced three new committee members Beth Sylves, John Casey and David Kwok. Thomas mentioned that he is also on the Firemen's Relief & Pension Board which met today and that Sam Grubbs was re-elected to be a Board member. D. Parks and Human Services Committee. (CFN-198) Ranniger noted that she wanted to thank the Lake Meridian Community for putting on the Fireworks. She also noted that the Parks Committee will meet on July 15 at 5:00 p.m. and in August there will be no Parks Committee meeting. Ranniger announced that Andrea Keikkala and Lisa Voso, will be receiving the Under 40 award given out by the Business Examiner , this Thursday at 5:30 p.m. E. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be Monday, July 12 and the August meeting is cancelled. , F. Public Safety Committee. (CFN-198) Harmon announced the police promotions effective July 1: Andy Grove and Dave Buck have been promoted to Sergeant; ' Sergeant Borne is now Lieutenant Randy Bourne and is assigned to the Patrol Division; Lt. Pagel is now Captain John Pagel and assigned to the Patrol Division, as head supervisor; and Lt. Ken Thomas is now Captain and assigned to Support Services & Correction Divisions. He wanted to remind everyone that August 3 is National Night Out and encouraged everyone to get involved. He noted that the next meeting will be July 13. He mentioned that Greg Blount was here talking about Bonel Trailer Park and is looking for funding and that he would be on the agenda for the next meeting. Also Public Safety Committee took a very pro-active response to the 4th of July with extra patrols in areas concerned with illegal fireworks and residents ' were contacted in advance if they had any questions and contact information. G. Public Works Committee. (CFN-198) Raplee announced that there will be a , special Public Works Meeting on Monday, July 12 at 4:00 p.m. and will have a regular Public Works meeting on Monday, July 19 at 4:00 p.m. 8 Kent City Council Minutes July 6, 2010 ' H. Administration. (CFN-198) Hodgson announced an executive session this ' evening regarding the 2n6 and 3rd parcels of Park property in the new Panther Lake area. He noted that there will be action on one item after the regular meeting reconvenes and estimated the length of the executive session at 20 minutes. ' Hodgson added that City Attorney Tom Brubaker will give a brief update on the Springboard project and foreclosure process. Brubaker explained that about 2 or 3 years ago when the development project failed, the City was sued by a partnership which had a minority interest in the development proposal and the City was sued on a number of counts including securities fraud and had to defend that suit but about a few weeks ago that suit was dismissed with prejudice in favor of the City of Kent. He noted that a notice of foreclosure sale has gone out and is scheduled for October 1, 2010. Brubaker explained that the valuation of the contract which is the instrument we're foreclosing on is approximately $4.75 million unless someone shows up with a $1 larger than our credit bid amount. He also noted that after the property is foreclosed the City will be become the record owners to the property free and clear of all liens and encumbrances and at that point, all interested parties who have been trying to get a piece of that property will go away. EXECUTIVE SESSION The meeting recessed to Executive Session at 9:15 p.m. and reconvened at 9:26 p.m. ACTION AFTER EXECUTIVE SESSION A. Property Acquisition. (CFN-239) CAO Hodgson explained that this is the second piece of property that Council will be asked to authorize for park purposes in the Panther Lake area. He noted that this property is valued at $980,000, 89% of it is grant funded and in the future the 11% may be funded through retro-activity. ' Hodgson commented that he wanted to commend staff and thank Council for their support. Ranniger moved to authorize the Mayor to sign the Purchase and Sale Agreement and ' all other necessary documents to purchase the Matinjussi property located at 11220 SE 204th Street, Kent for $980,000, subject to final terms and conditions acceptable to the Parks and Community Services Director and the City Attorney. Perry seconded. Ranniger noted that this is another legacy piece and will give our community access to Panther Lake, which only the private property owners had and it's a fabulous ' opportunity especially to be able to purchase it through grant funds. She thanked staff for having the foresight to start pursuing this early. The motion then carried. ' ADJOURNMENT The meeting adjourned at 9:30 p.m. (CFN-198) Mary Simmons Deputy City Clerk 9 xr, Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6C 1. SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH ALLIANT INSURANCE SERVICES - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Professional Services Agreement between the City and Alliant Insurance Services, Inc., in the amount of $35,000, to both access the commercial Liability insurance market on the City's behalf and to assist the City in revising its' Liability Insurance program effective in January 2011. After conducting a Request for Proposal process, Alliant Insurance Services, Inc. was selected as the successful proposer to provide insurance broker services to the City as the City leaves WCIA and retains new liability insurance coverage. i 3. EXHIBITS: Contract 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds iDISCUSSION: ACTION: KENT W A S N I N G T O N OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax: 253-856-6700 220 Fourth Avenue S. Kent, WA. 98032-5895 1 DATE: June 28, 2010 TO: Kent City Council Operations Committee FROM: John Hodgson, Chief Administrative Officer ' THROUGH: Suzette Cooke, Mayor SUBJECT: Professional Services Agreement - Liability Insurance Broker — Alliant Insurance Services MOTION: Recommend Council authorize the Mayor to sign an agreement with Alliant Insurance Services, Inc. to provide liability insurance brokerage services for an annual amount not to exceed $35,000, subject to final terms and conditions acceptable to the Risk Manager and City Attorney. SUMMARY: As discussed at June 15"' Operations Committee Meeting, Alliant ' has been selected as the City's Liability Insurance Broker to assist the City in development of our new Liability Insurance program for 2011 when Kent leaves WCIA. BUDGET IMPACT: $35,000 from Liability Insurance Fund ' EXHIBITS: Contract with Alliant. I / KE4T PROFESSIONAL SERVICES AGREEMENT WASHINGTON between the City of Kent and Alliant Insurance Services, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Alliant Insurance Services, Inc., a Delaware corporation authorized to do business within the State of Washington, located and doing business at 720 Olive Way, Seattle, iWA 98101, 206-962-2000 (hereinafter the "Broker"). I. DESCRIPTION OF WORK. Broker shall perform for the City the services provided for in its May 24, 2010, response to the City's Request for Proposals, a copy of which is attached and incorporated as Exhibit A, including the following: A. Brokerage Services - Brokerage services encompass marketing, insurance placement, completion of new and renewal applications, and negotiation for ' the procurement or renewal of liability insurance policies. Further, the Broker shall assemble a highly skilled Service Team, as that term is defined in Section III(H), to review for accuracy, completeness, and differences in terms and conditions for all policies in preparation for delivery, presentation, and ' selection. The Broker shall be responsible for the invoicing of all applicable insurance policies and for the presentation of the Annual Stewardship Report for all existing and potential risk transfer/insurance placements. Specific brokerage service responsibilities include, but are not limited to: 1. Marketina and Placement of Coverage The Broker will take the lead in drafting policy language, i. 9 p Y developing underwriting data and specifications for new and renewal policy negotiations. The Broker is required to deliver to the City, at least 120-days prior to each policy's expiration or anniversary date, information requests, including the underwriter's applications, for review and data collection. Data on self-insured loss exposures will be supplied by the City from internal records for applications to be completed by the Broker's staff. The Broker shall act as a resource in developing this information, particularly as it affects marketing strategy. ii. In conjunction with City staff, organize, develop and present to ' underwriters, all necessary data for marketing the City's risk management/ liability insurance program. The Broker will review the marketing plan documents with the City for approval ' prior to going to market. Negotiate and present to the City the best risk finance/insurance policy terms, conditions and premium rates. ill. The Broker will also monitor and evaluate current and prospective underwriters and report to the City regarding the underwriters' financial stability and service commitments to their policyholders. ' PROFESSIONAL SERVICES AGREEMENT- 1 IV. For each initial placement policy, the Broker will meet with the City for a presentation of marketing results no later than thirty (30) days prior to the inception of coverage. The marketing report for each placement will include a description of the loss exposures, terms, conditions, premium rates, markets quoting and/or denying to quote (with reasons for the denial), underwriters ratings, and the Broker's recommendations. V. The Broker will be responsible to bind coverage on behalf of the , City when requested by the City. The Broker will not place any coverage without specific, written, prior approval of the City. vi. The Broker will be responsible to review all policies and endorsements for accuracy prior to delivery and acceptance by the City. The Broker will be responsible for verification of policy terms, conditions, language, form, compliance with specifications and compliance with any regulatory requirements, plus ensure consistency with the terms and conditions of coverage marketed and purchased. The City requires, through its Broker, delivery of policies and endorsements within ninety (90) days of binding, renewal, anniversary, or effective dates. Policies shall be , delivered with a cover memo outlining basic policy information and indicating the policy has been checked for accuracy and completeness. 2. Service and Administration , I. For each renewal placement policy, the Broker will meet with the , City for a presentation of marketing results no later than thirty (30) days prior to the renewal of coverage. The marketing report for each renewal will include summaries of, current program versus renewal options, specifically highlighting changes in coverage, terms, conditions, premium rates, markets quoting and/or denying to quote (with reasons for the denial), underwriters ratings, and the Broker's recommendations. H. The Broker is responsible for invoicing premiums, which will be net of Broker commissions, except for those placements where it is more advantageous to the City for the commissions i 6e included in the premiums. Ill. For ongoing policy administration, the Broker will review , coverage issues on a continuing basis, issue certificates of insurance, and process policy changes/endorsements as required on a timely and accurate basis. Broker will maintain a diary follow-up system and generate an open items report on a monthly basis. IV. The Broker will place and administer various notary bonding requests. PROFESSIONAL SERVICES AGREEMENT-2 V. The Broker will prepare an annual marketing strategy that identifies current industry trends and best practices methods in which the City can market its insurance needs. The report shall cover anticipated market conditions and the Broker's recommended marketing strategy for the City's liability insurance program. vi. The City will require, through its Broker, delivery of policies and endorsements within ninety (90) days of binding, renewal, anniversary, or effective dates. Policies shall be delivered with a cover memo outlining basic policy information and confirming the policy is accurate and complete. B. Risk Control Services 1. When requested, review recommendations made by insurance carriers and comment. L 2. As requested, assist the City in analyzing loss patterns to determine causes of accidents and effectiveness of safety programs. ' 3. Provide the necessary resources, as requested, to assist the City in the development and maintenance of a comprehensive risk control program that will keep pace with the City's dynamic risk profile. 4. Assist the City with insurance requirements for the various contracts (design, construction, and service) the City annually lets. i C. Claims Administration Services — As required, assist the City with the administration of insured claims. Assistance will include, but not be limited to, notification of insurers, loss investigations, tendering of losses, settlement negotiation, claim evaluation and work with the City's Third-Party Claims Administrator (TPA), including selection of TPA. D. Information Services 1. Keep the City informed of current risk management and insurance topics, issues and trends, particularly as they affect the risk management profession, the insurance marketplace, and the municipal risk/public entity community. 2. Provide the City with periodic information concerning particular losses/loss trends experienced throughout the industry. E. Advocacy Services 1. When requested, represent the City and be an advocate for the City's interest on risk management and insurance issues affecting the City individually and/or as a member of the municipal risk/public entity community. PROFESSIONAL SERVICES AGREEMENT- 3 I 1 2. Provide immediate written notification to the City's Risk Manager of potential or perceived conflicts of interest involving other Broker's clients. F. Preparation of Annual Stewardship Report - The Broker will prepare an annual stewardship report within forty-five (45) days after the calendar year- end for the City. The report shall include, in distinct sections: a schedule of the policies in force, a summary of the coverage provisions, the respective policy premiums, un-earned premium statements as of December 31't, claims experience, an accounting of compensation received from all sources, a narrative description of the year's overall activities, including major issues encountered including progress or resolution), foreseeable development and trends in the marketplace by line of coverage, and recommendations for change or enhancement of the City's risk finance program for the coming year. G. Maintain Written Records Customary of an Insurance Broker - Maintain records of applications, policies, premiums, audits, lass data, and other pertinent correspondence. Insurance policies should be maintained permanently. All other information should be maintained for a period of at least seven (7) years. Broker, must also provide these records to the City, upon the City's request, as soon as possible, but within no more than five (5) business days from the date of the City's request. ' Should a conflict arise between the Broker's response to the City's Request for Proposals, included as Exhibit A, and this Agreement, the terms of this Agreement shall control. Broker further represents that the services (furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section 1 above immediately upon the effective date of this Agreement. The initial term granted by this Agreement shall be through June 30, 2013. Thereafter, this Agreement will automatically renew on an annual basis until terminated in accordance with Section V of this Agreement. III. COMPENSATION. The City shall pay Broker an annual amount not to exceed $35,000 for the services described in this Agreement. If the cost of Broker's services will exceed $35,000 in any given year, the parties shall negotiate and execute an amendment to this Agreement before any additional compensation will be due to the Broker and owed by the City. This annual "not to exceed" amount shall be allocated as follows: A. In return for the services rendered, the Broker shall be compensated on the ' basis of an annual fee. B. The annual fee covers all remuneration to Broker with regard to the Policies/Coverages/ Services covered by this Agreement, unless otherwise stated. C. Broker will prepare a schedule identifying the total remuneration from the entire portfolio of policies placed for the contract period. This will be provided to the City Risk Manager as part of the Stewardship Report. PROFESSIONAL SERVICES AGREEMENT- 4 D. All insurance placements shall be net of commission. It is the City's intent that no commissions will be taken unless it is established by the Risk Manager that it is clearly in the City's advantage to do so. Any such commissions received shall be immediately credited against the annual fee due under Section III(a) above. Broker shall instruct insurers to quote premiums with full commission and net of commission payable. Any subsequent premium invoicing will have the commissions subtracted. The City of Kent will pay net premium(s) to Broker (for transmittal to insurers). In the procurement of insurance products for the City, Broker shall not receive compensation from any party other than the City of Kent unless the City gives written approval to Broker to receive the compensation. ' E. Upon the City's request, Broker will furnish written documentation of all contingency, profit sharing, or other revenues received by Broker (or any proprietary, affiliated or subsidiary entity of Broker) from insurers or other sources, including brokers or intermediaries of any kind, as respects the City of Kent's account. F. Broker is permitted to place insurance and/or reinsurance through intermediaries including any proprietary, affiliated, or subsidiary entity of Broker, provided that no other comparably efficient and cost-effective source of coverage is available. In such instances where coverage is placed through an intermediary, Broker may accept commission income. Broker shall, in good faith, negotiate the allocation of commissions between itself and the intermediary so that Broker receives the maximum portion obtainable. Any income earned by Broker from intermediaries or any other source shall be included in the remuneration schedule by Broker. The term "intermediary" shall include any foreign or U.S. insurance agent, broker, reinsurance broker, or any other firm, entity or individual involved in the placing of the City of Kent's insurance program. Broker will take reasonable steps to obtain commission information from the intermediaries and include information on the annual remuneration report to the City of Kent Risk Management. In all cases, Broker will request remuneration to be disclosed prior to utilization of an intermediary on the City's programs. I G. Special projects not contained within Section I, Description of Work, shall be separately negotiated and entered into under a subsequent amendment to this Agreement using a rate of $150 per hour. For any Special Projects considered, the City and the Broker shall enter into a separate agreement. The City shall specifically approve any special projects prior to the Broker commencing work on those projects. H. Broker agrees not to change the City's designated Account Executives ("Service Team"), specifically Deborah Bovee and Thomas Long, without prior written approval of the City. If the parties are unable to agree to a change in the Service Team, the City can terminate this Agreement in accordance with Section V of this Agreement. I. In the event there is a significant change in the City's operations which affects the nature and scope of its risk management and insurance program, Broker and the City both agree to renegotiate Broker's compensation in good faith as 1 appropriate. PROFESSIONAL SERVICES AGREEMENT- 5 i IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Broker has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Broker maintains and pays for its own place of business from which , Broker's services under this Agreement will be performed. C. The Broker has an established an independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Broker's services, or the Broker is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Broker is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Broker has registered its business and established an account with the , state Department of Revenue and other state agencies as may be required by Broker's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Broker maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, j upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Broker, its subcontractor, or any person acting on behalf of the Broker or its subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Broker shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Broker shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Broker's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Broker's work when 1 completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event Broker refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Broker's part, then Broker shall pay all the City's costs for defense, including all reasonable expert witness PROFESSIONAL SERVICES AGREEMENT- 6 fees and reasonable attorney's fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Broker's part. VIII. INSURANCE. The Broker shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit #1 attached and incorporated by this reference. XII. BROKER`S WORK AND RISK. The Broker agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Broker's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Broker's own risk, and Broker shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials: Pursuant to Chapter 3.80 of the City of Kent Code, the City requires its contractors and consultants to use recycled and recyclable products whenever 1 practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to Insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. ' C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, 1 Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each part shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Broker. PROFESSIONAL SERVICES AGREEMENT- 7 G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. , BROKER: CITY: ALLIANT INSURANCE SERVICES, INC. CITY OF KENT Id 1By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (true) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Deborah Bovee Chris Hills, Risk Manager Alliant Insurance Services, Inc. City of Kent Employee Services Department 720 Olive Way, Suite 1700 220 Fourth Avenue South Seattle, WA 98101 Kent, WA 98032 206-962-2040 (telephone) (253) 856-S270 (telephone) 619-699-0960 (facsimile) (253) 856-6280 (facsimile) APPROVED AS TO FORM: Kent Law Department F-�OvA Rss\Open MA1465-Umbft tesur -New broker wW PmMerWLantlmmr Sv Profesf wMSvcrA9rf7NALAO& PROFESSIONAL SERVICES AGREEMENT -8 IDECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform the work with relation to this Agreement shall apply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed By me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. ' By signing below, I agree to fulfill the five requirements referenced above. Dated this day of , 20_. 4� 1 By: or: 1 Title: Date: i 1 EEO Compliance Documents PROFESSIONAL SERVICES AGREEMENT-9 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and , women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractor, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and t guidelines. EEO Compliance Documents PROFESSIONAL SERVICES AGREEMENT- 10 CITY OF KENT ' EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Alliant Insurance Services Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Liability Insurance Brokerage 1 Services that was entered into on July 1, 2010 (date) , between the firm I i represent and the City of Kent. ■ I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. i Dated this day of , 200_. By: For: Alliant Insurance Services Inc. Title: First Vice President Date: 1 1 EEO Compliance Documents PROFESSIONAL SERVICES AGREEMENT- 11 i EX HIBIT L N T AN% ty ofm K e n ifit i E Request for Proposal Liability Insurance ' Brokerage Services Alliant Insurance Services, Inc. 720 Olive Way, Suite 1700 Seattle WA 98101 206-961-2040 May 28. 2010 a - i City of Kent Request for Proposal Liability Insurance Brokerage Services Table of Contents I. Executive Summary..................................................00....................2 II. Statement of Qualifications .............................................................S A. Minimum Experience (Attachment A)......................................................5 B. Licenses (Attachment A)........................................................................6 C. Errors and Omissions Insurance (Attachment A) .....................................7 D. Minimum Premium Volume....................................................................8 E. Public Entity Experience ........................................................................9 F. List of Public Entity Accounts (Attachment B)..........................................10 G. References (Attachment C)....................................................................15 H. Summary of Local Office Public Entity Volume (Attachment D).................16 I. Resumes of Service Team......................................................................17 ). Organizational Charts............................................................................31 K. Account Executives...............................................................................34 L. Service Team Description ......................................................................35 M. Additional In-House Services and Specialists...........................................37 II. Broker's Proposal Parts A-F .............................................................38 A. Areas of Service....................................................................................38 B. General Assessment..............................................................................50 C. Abilities ................................................................................................54 D. Innovation............................................................................................59 E. Special Qualities....................................................................................60 F. p� Fee Structure........................................................................................663 II1. Appendix...........................................................................................64 A. Open Items List B. Sample Loss Control Report: Review of Risk Management and Loss Control Practices i 1041hant t City of Kest m Request for Proposal BENT Liability Insurance Brokerage Services I. Executive Summary Alliant is a full service insurance brokerage firm with the ability, resources and expertise to partner with the City of Kent to meet the objectives set forth in the Statement of Qualifications by the City. The Seattle Alliant office will lead the servicing team for the City of Kent. This office is dedicated to public entities. Throughout our proposal we have addressed the proposed services and qualifications and believe that we meet and exceed the requirements. Alliant Insurance Services has grown to become the leading broker for public entities throughout the United States due to a firm culture that emphasizes customer service and public entity expertise. Our staff includes over 300 professionals who are dedicated solely to serving our public entity clientele. Our success has come from taking a focused, consultative approach, which we would utilize in our relationship with the City. Our thorough understanding of the public entity insurance business—combined with our focus on developing innovative programs which meet the special needs of public agencies—ensure that your organization will benefit from the most comprehensive service in the industry. We understand how public entities are perceived within the insurance marketplace and how the operating environment of the public sector shapes the risk transfer approach and requirements of these organizations. From joint purchase programs and risk- sharing pools to risk purchasing groups and non-insurance approaches, we have long been at the forefront of program design for public entities. With over $1.1 billion in premiums and premium equivalents placed, the public entity practice of Alliant is an industry leader in providing specialty brokerage services to the public sector. Areas of expertise include all of the services outlined in the RFP. With Alliant Insurance Services' wealth of professional expertise, and our strong relationships with public entity insurers, we can tackle the brokerage challenges presented in a changing market. Following are five compelling reasons for the selection of Alliant as your brokerage partner: 1. Relevant Experience with Worldwide Market Access The proposed service team includes substantial experience with public entity exposures. We provide brokerage services to hundreds of counties, cities, 70+ Joint Powers Authorities and thousands of other public entities throughout the nation. Collectively Alliant provides services to over 7,000 Public Entity clients in over 43 states. Our team has many years of extensive direct experience with programs very similar to the City of Kent both in scope and coverage. We will leverage the global insurance marketplace on your behalf. We work with both domestic and international insurance carriers on behalf of our public entity clients on a daily basis. 1 ' 2 bAllant YQ City of Kent N.'alRequest for Proposal KENT Liability Insurance Brokerage Services 2. Professional Commitment and Stability Alliant has established an organizational culture that supports high energy, talented and driven individuals. Our colleagues have access to substantial brokerage resources without the red tape associated with larger brokerage firms. The Seattle office of Alliant works closely with our San Francisco and Newport Beach offices. The professionals included in the proposed service team all work within the same financial unit. As a result, the City will truly have access to all of Alliant's relevant resources without internal barriers. The Seattle, San Francisco, Newport Beach service team is committed to working with the City of Kent. This group regards working with the City as an exciting opportunity for our team members who are dedicated to providing the highest level of service and continual professional growth. 3. An lnnovative, and Highly Flexible, Marketing Approach Alliant coordinates its insurance marketing efforts more effectively than our competitors to deliver the greatest impact in the delivery of insurance product value for our clients. Through the use of programs, support and assistance to public entities, the judicious use of our market clout and program design creativity, we will deliver"below market" cost solutions to our clients. Alliant has not, and will not support the concept of broker global marketing offices where your account is assigned to other central offices for marketing purposes. It has been and remains our belief that your account is best represented in the marketplace when the individuals most familiar with the account are the ones who also represent it directly to.the market. We also strongly encourage customers to be actively involved in this process, and to use the marketing process as an opportunity to develop direct relationships with your underwriters. 4. Fair Compensation We believe in transparency and full disclosure. We are proposing a fee on your account and will report any commissions earned and credit all commissions. We will also report who is working on brokerage activities, and what types of activities they are performing. In this way, we are able to document our effort to ensure that our compensation is fair from both parties' perspective. S. Integrity and Professionalism We are prepared to be held to the highest standards of integrity and professionalism. We recognize the importance of our role in representing the City to the insurance underwriting community. We understand that public entities have long memories, and we know that our reputation is our most valuable corporate and personal asset. 3 AA15ant i City of Kent Request for Proposal 'KI✓Bl Liability Insurance Brokerage Services Although we work with many public entities, we regard each client relationship as unique, and we would approach our relationship without any preconceived notions as to how best to serve your needs. We encourage you to investigate our references which we believe are our strongest means of advertisement. Throughout this response we will focus on our expertise and proprietary products which we believe will offer City of Kent a wide array of funding options while improving the coverages and terms currently available to you. We strongly believe that we are the best option for the City of Kent and welcome the opportunity to demonstrate our capabilities to you. a 4 aAlliant City of Kent a Request for Proposal �CEMT Liability Insurance Brokerage Services U. Statement of Qualifications A. Minimum Experience (Attachment A) Have a minimum of f7ve years experience as an Insurance Broker(Attachment/1). Attachment A INSURANCE BROKERAGE FIRM QUALIFYING QUESTIONNAIRE Date May 28,2010 • NAME OF FIRM Alliant Insurance Services Inc. ADDRESS 720 Olive Way, Suite 1700 Seattle WA ZIP 98101 • DATE ESTABLISHED 1925 (Corporate) 2006 (Seattle) PHONE 206-962-2073 • STATE OF WASHINGTON LICENSE: o BROKER LICENSE NUMBER See Attached EXPIRATION DATE 2010 • BROKER ERRORS AND OMISSIONS COVERAGE. o COMPANY See Attached LIMITS $15,000,000 • ANNUAL PREMIUM VOLUME (EXCLUDING PERSONAL LINES, BONDS, LIFE AND HEALTH) OF THIS OFFICE o ALL BUSINESS $ 25,000,000 (Seattle Office Only) o PUBLIC ENTITY $ 100% • NAMES OF DESIGNATED ACCOUNT EXECUTIVE (S), SUMMARY YEARS EXPERIENCE IN COMMERCIAL LINES AND PROFESSIONAL QUALIFICATIONS (A R M , C. P C U , etc) 1 Deborah H. Bovee, CPCU,ARM, 30 Years(+) 2 Thomas P. Long, CPCU, ARM, IRPLU, 30 Years (+) 3 Brian White, 10 Years (+) 5JlAlliant City of Kent Request for Proposal KENT Liability Insurance Brokerage Services B. Licenses (Attachment A) Possess the necessary licenses for an insurance broker in the State of iMashIngton. Deborah H. Bovee, CPCU, ARM State of Washington: Agent/ Broker License Number: 80598 Expiration Date: 11-30-2010 Thomas P. Long, CPCU, ARM, RPLU State of Washington: Agent/ Broker License Number: 243337 Expiration Date: 04-25-2012 Reinsurance Broker License Number: 3206 Expiration Date: 04-25-2011 Surplus Lines Agent/ Broker License Number: 24337 Expiration Date: 04-25-2012 Brian White State of California: Agent/Broker License Number: OD59571 Expiration Date: 04-30-12 i t r::::Vis;it out website at http-11www.insurance.wa.gov You will find news releases, advisories, administrative actions and information regarding consumers, insurers and licensees. The following Is available under the ForAgentsBrokers button: ° Licensing information containing instructions,forms and fees for all types of licensees. Frequently Asked Questions , and information for CF providers ° Agentf Broker E-newsletter Agent/Broker lookup program that allows you to check the status of a license, appointment, or affiliation. ° Print LIcense/Profile Update program that allows you to print duplicate copies of your license(s)at no cost and to update your addresses, e-mail and phone number. Renewal notices are mailed approximately 45 days prior to the month of expiration. If you have not received your renewal 30 days prior to your expiration date , please call us at(360) 725-7144 or e-mail us at Liclnfo@oic.wa gov confirming your address and requesting the mailing of a duplicate renewal.The completed renewal notice is required to renew your license AGEN` Ct;NS]E ,•-G` , , ; , ; " Nw�xi5;;`a sfHE'LICENSEE IS AUTHORIZED TO SELL THE �.;, :•` - ' . ,; `• \ �*F^ av $� - FQLLOWING LINE$ OF INSURANCE♦: E _PTF.ES: QEi/7.,6I2Q1,() ' 7t%o-%'? PxaNe�t„SI', ,Casualty, Disability• -, THIS !LICENSE MUST BE ACCOMPANIED gY A, ` 'F1Z;LIAPET INSF3F2$N E$VI CES;.�NG"„"+'`"•�•y• ((``U T 1iPFOINTMENT FOR EACH INSURER D AN AFFILIATION•FOR EAGh 1111 3RD AVE � � F ,' ;� �� SENTING THE•BUSSNBS r,,4•`',: _ vSEA-TTLE ! t - RANCE. CU 6 . . . ,„ BSIONER visit our website at http://Www.insurance.wa.gov you will find news releases, advisories, administrative actions and information regarding consumers, insurers and licensees. The following is available under the For Agents/Brokers button, o Licensing information containing instructions, forms and fees for all types of licensees. Frequently Asked Questions , and information for CE providers Agent/Broker E-newsletter Agent/Broker lookup program that allows you to check the status of a license, appointment, or affiliation. • Print License/Proftle Update program that allows you to print duplicate copies of your liG£nse(s) at no cost and to update your addresses, e-mail and phone number. Renewal notices are mailed approximately 45 days prior to the month of expiration. If you have not received your renewal 30 days prior to your expiration date , please call us at(360) 725-7144 or a-mail us at Liclnfo@oic.wa gov confirming your address and requesting the mailing of a duplicate renewal The completed -renewal-notice is required to renew your license. i f�•,7 aJ11 �Nwi.iJ>,j. yv yti lr, • a IN Y' rt> '•°a•a r' 'j• Y ' ♦/ 1 - +-r ..0 • ' I.l�^ , t i •\` a�' . f��a+a),I, • N vri i > I,f a,.. ., I - OF CE COMNUSSIONER }` = BE CENSE a;2596�7. vbft THE LICENSEE IS AUTHORIZED TO'-BELT THE -• 1 ;`` ,` , 3`: ..,� FOLLOWING.LINES OF INSURANCE: FEE 06/16/2Q06 EXPIRaS: 06/16/2,010 l` . 1 ,'-;(; Property, Casoalty `. - .,4_ � `•--.`� + �` �gzs? }r,��=`'«'�-. THIS I.ZCk;NSE MOST BE ACCOMPANIED BY A T AFFILIATION FOR VACH INDIVIDUAL.. .ALLTANTi' INSORP.II RVICE (3 _ -.. ':� �a,,; .«:.-+n"--"T'"r^• .� wn4xar S' T •�3 , Ci E BUSINESS ENTITY. aiiz 3PZ AVE e'er' ; w • )SEA TLE 9 A J .�, 1 aK al Y 1 1 Visit our website at http:flwww.insurance.wa.gov You will find news releases, advisories, administrative actions and information regarding consumers, insurers and licensees. The following is available under the For Agents/Brokers button: Licensing information containing instructions,forms and fees for all types of licensees. Frequently Asked Questions, and information for CE providers Agent/Broker E-newsletter Agent/Broker lookup program that allows you to check the status of a license, appointment, or affiliation. Print LicenselProfile Update program that allows you to print duplicate copies of your license(s)at no cost and to update your addresses, e-mail and phone number. Renewal notices are mailed approximately 45 days prior to the month of expiration_ If you have not received t your renewal 30 days prior to your expiration date , please call us at(360) 726-71 44 or e-malt us at Licinfo@oic wa.gov confirming your address and requesting the mailing of a duplicate renewal-The completed renewal notice is-required to renew your license, .- _. /._- '1. - 'try . •F .. z. ., w v�•{.�J�].'{US '{ y-g�.7� �i], '�y'�I Rj n•t,• ''JI �Vd-16•SIVW AA.b d'a1J'i'ir�{,JL•�®A<L S4 LICENSE , 'YC . - k 1.� -<n • 'z _ i, uE:, 'OEJ36'�2006 'E P3R) S: :' OF)�� GIZO�O r- E l� 1 THSS 'LTCZWi3E 'MUSTrBE "ACCOMPANTEDc�Y,A -` — 'CURUITT AFFILII)TIQN -FOR-EARH INDIVIDUAL REPRESENTING-TH'E-13USINES,S 'ENTITY 'AL:�,IAi'dT INSURANCE SEA i C�E�S 'T AVE sEAT= IRA 9 Wh City of Kent Request for Proposal �p�g Liability Insurance Brokerage Services iC. Errors and ®missions Insurance (Attachment A) Have Broker's Errors& Omissions coverage with limits not less than $5,000,000. Provide 1 evidence confirming coverage, forms, limits and retentions. A copy of the evidencing Certificate of insurance is on the following two pages. �I pp�°q �y°�°Calient##:3052 p q�ALLII�HgOL AC®RL,dTM CERTIFICATE IFICATE OF LIABILITY INSURANCE 4J3rE 0/2010 rr) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Albant Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE New York-Executive Risk HOLDER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW °" -irk Ave, Suite 1910 N- . York, NY 10016 INSURERS AFFORDING COVERAGE NAIC>/ INSURED INSURERA Darwin Select Insurance Company 24319 Aliiant Holdings I, LLC INSURER B 1301 Dove Street, Suite 200 INSURER C Newport Beach, CA 92660 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS S TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE pOUCY EXPIRATION LIMITS LTR NSR DATE MMID /YY DATE MMlDDlYV GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO [Ea axidenl) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Par accident) GARAGE LIABILITY AUTOONLY EAACCIDENT $ _ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION -- $ 1V C LIMITTATU EB- WORKERSCOMPENSATION AND EMPLOYERS'LIABILITY EL EACH ACCIDENT ANY PROP IETORIPARTNER)FXECUTIVE $ OFFICERIMEMBER EXCLUDEDo E L DISEASE•EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ A OTHER Professional 03042663 12/15/09 12/15/10 $15,000,000 Each Claim Liability $15,000,000 Aggregate $1,000,000 retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS This Is a Claims Made Policy. See Attached Named Insured List. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI0 City of Kent DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'I I) DAYS WRITTEN Attn: Chris Hills NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 4th Avenue South IMPOSE NO OBLIGATION OR LIABILITY DF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent,WA 98032 REPRESENTATIVES AUTHORIZED REPRESENTATIVE(' �/"� �.����/y�.�.r 1 b o I g`°ryr`i/ITV •�" ACORD 25(2001ID8)1 of 3 #S11931/M10815 RXK © ACORD CORPORATION ign IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsements) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing msurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon i ACORD 25-S(2001/08) 2 of 3 #S11931/M10815 DESCRIPTIONS (Continued from Page 1) THE NAMED INSURED INCLUDES THE FOLLOWING ADDITIONAL ENTITIES: f of Holdings I, LLC Alliant Holdings 11, LLC Alliant Holdings I, Inc. Alliant Holdings 11, Inc. ARG Holdings, Inc. Alliant Insurance Services, Inc. Alliant Specialty Insurance Services, Inc. FHI Benefit Plans, Inc, dba: FHI Insurance Services Affinity Insurance Services, LLC dba Tribal First Partners, G.A. Chapin Insurance Services Austin, Cooper& Price Insurance Agency, Inc. Kelter-Alliant Insurance Services, Inc. dba Proquest Insurance Agency Colonial Healthcare,Inc. Franey Muha Alliant Insurance Services, Inc. Strategic HR Services, Inc. Gaddy-Ward & Company Insurance Brokers Benefit Management, Inc. Benefit Partners, LLC Benefit Partners-Alliant, Inc. Altiant Services Houston, Inc. Alliant Insurance Services Houston, LLC Clarity Benefit Consulting, LLC ClearPoint LP Alliant ClearPoint GP, Inc. Moore McNeil LLC AMS 253(2001108) 3 of 3 9S11931IM10815 City of Kant Request for Proposal KENT Liability Insurance Brokerage Services D. Minimum Premiums Volume Have annual property/casualty premium volume over$I million, excluding personal lines, bonds, life and health. Alliant Is the 11th largest broker in the United States with annual premiums in excess of $3 billion on an annual basis. Of that premium, about 38% or $1.1 billion is represented by Public Entities. The Seattle office of Alliant has over $25,000,000 in premium and is 100% Public Entities. F $ &AIliant u. 4 City ®f Kent G Request for Proposal KENT Liability Insurance Brokerage Services E. Public Entity Experience Experience 1411th public entity accounts that generate a premium in excess of$500,000 individually. The three account executives that will form the nucleus of the City of Kent Service Team all have extensive experience with individual accounts that generate in excess of $500,000 of premium annually. Some of those accounts are: s King County • City of Kent Pacific Northwest Port Association e Renton School District o City and Borough of Juneau m Kitsap County • Port of Tacoma o Bellevue School District ® Golden Gate Bridge Authority City & Borough of Ketchikan a Alaska Public Entity Insurance (45 School Districts and 33 Cities) Port of Seattle North County Transit ® Bay Cities Joint Powers Insurance Authority City of Pleasanton, CA 9 mAlliant City of Kent Request for Proposal Liability Insurance Brokerage Services F. List of Public Entity Accounts (Attachment 8) A list of current major public entity accounts your firm handles, the Inclusive dates of service, the name of the principal account executive and client names and telephone numbers. Include a description of any insurance placements or support service that you have accomplished that shows your ability to service the City of Kent account needs including access to markets. King County Account Executive: Deborah Bovee /Tom Long Dates of Service: May 2004 - Present Contact Person: Jennifer Hills, Risk Manager (206) 205-1649 Comments: The King County account is complicated, diverse and requires a breadth of knowledge that matches their diverse exposures. In the six (plus) years that we have handled the County's account, we achieved the following accomplishments: 6 Excess Liability The King County Excess Liability placement is a manuscript policy that encompasses most of the County's liability placement. It is a reinsurance placement that requires an understanding I of both the reinsurance market and the direct insurance markets. This placement utilizes the world marketplace. In a time when excess liability premiums were increasing, the King County Team has been able to: - Decrease premiums each year - Bring new underwriters to the placement - Preserve the broad, manuscript coverage Excess Workers' Compensation: When the King County Service Team assumed responsibility for the County's Excess Workers' Compensation placement, the Self-Insured Retention was $5,000,000. One of the major goals of the Risk Manager was to lower this retention and lower the premium. These were ambitious goals since the insurance marketplace for statutory workers' compensation on a major public entity with large concentrations of employees is extremely narrow. There were really only two markets that could provide this type of coverage and one of them was the incumbent. After a complete review of the losses and a comprehensive marketing effort, the County's Team was able to lower the Self-Insured Retention to $2,500,000 and met the premium goals of Risk Management. Over the past five years, we have continued to bring competition to this segment of the County's program. City of Kara r• r Request for Proposal HSI✓AI9 Liability Insurance Brokerage Services Brightwater Sevvage Treatment Plant project ($1.9 Billion): The Builders Risk for the Brightwater project continues to be challenging. Alliant works directly with underwriters to assist in the resolution of complex issues. Alliant also assists the County on the Project Professional Liability for this project. These placements require the worldwide marketplace and specialty expertise. ® ®RCA Smart Card: This project is a good example of an innovative special project that has required broad market access and specialized knowledge. Alliant Insurance Services in partnership with King County has provided quotations for first and third party cyber coverages for the ORCA Smart Card. These quotes included potential coverage for eight public agencies. Pacific Northwest Port Association (PNWPA) Account Executive: Deborah Bovee / Tom Long Dates of Service: January 1, 1996 to Present Contact Person: Margaret Smith, Director of Finance and Administration (360) 992-1112 Comments: The Pacific Northwest Port Association is part of an Alliant Insurance Services Risk Purchasing Group. This Group meets quarterly to discuss Risk Management issues. The Group has a broad, manuscript property form tailored specifically to port exposures. Each member purchases a separate tower of Earthquake and Flood coverage that totals over $450 million in Earthquake limit. The liability form for the ports is a hybrid, manuscripted marine and non-marine form. This form includes coverage for shoreside liability as well as Wharfinger's Liability, Protection & Indemnity, Charterers Liability and other key marine coverages. The Ports each purchased $50,000,000 Excess Limits of Liability. This placement requires Alliant to access the world market both domestic and European capacity. Alaska Public Entity Insurance Pool Account Executive: Tom Long Dates of Service: July 1998 to Present Contact Person: Jeff Bush, Executive Director (907) 586-3635 Comments: This is a pool of 45 school districts and 33 cities. The Alliant Team places all lines of insurance for the pool including: Excess Liability, Marine, Aviation, Workers'Compensation and Property. This account has many, diverse exposures including the challenges of rural Alaska. The rates and premiums for l i & ffiat City of Kent Request for Proposal p Liability Insurance Brokerage Services this program are stable and competitive. This pool has become one of the premiere insurance vehicles in the State of Alaska. Alliant utilizes a Risk Purchasing Group approach for the liability placement. This mechanism allows us to add the purchasing power of other major cities in Alaska (Juneau and Ketchikan) and Alliant delivers major liability premium reductions to all of the entities involved. Port of Tacoma Account Executive: Deborah Bovee, Tom Long Dates of Service: December 1995 to Present Contact Person: Lou Paulsen, Risk Manager (253) 383-9449 Comments: The Alliant Team places all lines of insurance for the Port of Tacoma. Some of the noteworthy placements: ® Excess Liability: $150,000,000 excess of retentions that includes coverage for: - General Liability including Products and Completed Operations - Marine Liability including: Terminal Operators Liability, Wharfingers Liability, Protection and Indemnity, USL&H Liability, Stevedore's Liability - Pollution Liability; Sudden and Accidental - Automobile Liability - Foreign Liability ® property Insurance: Covering all operations including Builders Risk for all projects up to $25,000,000. For the July renewal, we are adding coverage for cyber risks. City and Borough of Juneau Account Executive: Tom Long, Deborah Bovee Dates of Service: 1978 to Present Contact Person: Tim Allen, Risk Manager (907) 586-0323 Comments: The City and Borough of Juneau is the third largest city in Alaska. It has significant, diverse exposures that include: 9 A major hospital ® Port and Marina with Cruise Ship Docks City of Kent Request for Proposal FCEAET Liability Insurance Brokerage Services ry....ne.v M . o Major Airport ® Ski Resorts • Fire and Police Departments Their Excess Workers' Compensation placement is a major issue due to these exposures as well as a large police and fireman population. This placement includes all of the Federal coverages as well as State Act. City of Kent— Builders Risk Placement for ShoWare Event Center Account Executive: Tom Long, Deborah Bovee Dates of Service: 2007 Contact Person: Chris Hills, Risk Manager (253) 856-5285 I Comments: In 2007, the City needed separate Builders Risk coverage for the construction of ShoWare Event Center. Such coverage would cover materials and supplies on-premises, in transit and in temporary storage. The coverage would need to include the interests of all contractors involved in the project. This coverage needed to be placed separately from the City's standard property insurance program because of these coverage needs. Further, coverage needed to Include the Flood peril, because even In 2007 there was a significant flooding concern due to the condition of levies in the Kent area. Alliant approached 7 major Builders Risk markets and obtained quotes ranging from $224,940 to $273,995 for this coverage. By negotiating with the markets, and fine-tuning the actual values of the project, Alliant was able to place coverage for a final premium at inception of$206,338, This coverage included coverage for the entire project, along with sublimits of $25 million each for Earthquake and Flood perils. Coverage also included a sublimlt of $12 million for Soft Costs, which includes, for example, Loss of Rents should the project be delayed due to a property loss. By monitoring the completion date of ShoWare Event Center, Alliant was able to generate a return premium of $14,536 upon completion of the project because it was completed earlier than had been anticipated. This brought the final cost for this coverage down to $191,802. City of Kent Request for Proposal 'KE3y y Liability Insurance brokerage Services North County`transit District (NCTD) Account Executive: Brian White Dates of Service: June 2007 to Present Contact Person: Susan Lockwood, ARM (760) 967-2847 Comments: North County Transit District is a major California transit system that includes both heavy and light rail and buses. Alliant handles all lines of coverage for NCTD. Alliant's Service Team have been successful in making continual enhancements to their risk management and insurance program. These include major improvements to the Excess Liability program: • Negotiation of an end of year premium audit waiver, saving NCTD approximately $64,000 • Incorporation of a new liability market to NCTD's excess program resulting in a $20M increase for limits of liability related to bus losses, at no additional cost • Negotiation of an aggregate limit reinstatement at no additional cost for rail losses in the $40M x $60M layer • Negotiation of Terrorism cover in the $40M x $60M layer for a negligible premium amount Most recently, and in light of budgetary pressures on the public transit sector, Alliant has helped NCTD stabilize and reduce costs associated with its insurance program. First, performing an analysis of"first dollar"workers' compensation insurance options which may be a practical solution since NCTD will be contracting out several of its operations to third party operators later in the year. Secondly, we secured a 2 year rate guarantee on NCrD's property insurance placement at the most recent renewal. As the market was soft at the time, this strategic placement is proving its value. Lastly, Brian and his team are involved in a project to assist NCTD in the evaluation of alternative risk transfer options, including captive, self-insured pool, and risk retention group feasibility of their liability placement. k W 14 &AINant City of Kent w_,o Request for Proposal KFWT Liability Insurance Brokerage Services G. References (Attachment Q provide references that include a list of all accounts currently being handled by the account executives to be assigned to the City account, with contact names and telephone numbers for each account. FIRM: Alliant Insurance Services, Inc ACCOUNT EXECUTIVES: Deborah Bovee, Tom Long, Brian White own ® King County Jennifer Hills (206) 205-1649 Bellevue School District Trina Thompson (425) 456-4025 Kitsap County Mark Abernathy (360) 337-4408 Alaska Public Entity Insurance Pool Jeff Bush (907) 5239400 Renton School District Rich Moore (425) 204-2387 City & Borough of Juneau Tim Allen (907) 586-0323 City of Ketchikan Robert Newell (907) 225-3111 x313 Ketchikan Gateway Borough Mike Houts (907) 228-6649 City of St Paul Sherry Lestenkof (907) 546-3126 Port of Tacoma Lou Paulsen (253) 383-9449 Pacific Northwest Port Association Maggie Smith (360) 992-1112 Port of Vancouver Golden Gate Bridge District Bill Stafford (415) 257-4553 North County Transit* Susan Lockwood (760) 967-2847 Bay Cities Powers Insurance Brian Loventhal (408) 354-7634 Authority* City of Pleasanton, CA* Michael Roush (925) 931-5015 *Brian White accounts Cato of Kent Request for Proposal KENT Liability insurance Brokerage Services H. Summary of Local Office Public Entity Volume (Attachment ®) A summary of the brokerage firm';local office premium volume for the past year by the following types of coverages: general/ability, excess/umbrella habdity, property, and professional E&O liability. Also Indicate, by each of these categories, the premium volume and the number of policies In force. The Seattle office of Alliant is 100% public entity focused. All of the premiums shown are public entity based. Alliant, nationally, has over 38% of its revenue in Public Entity accounts. We specialize in your business[ Because of this focus, we bring tools that are not available at the largest brokers in the world: programs designed specifically for major public entities. o General Liability 50 $3,000,000 50 / 100% Excess / Umbrella Liability 225 $11,000,000 225 / 100% Property 120 $10,000,000 120 / 100% Professional Errors & 20* $2,000,000 20 / 1000/0 Omissions *Public Officials Liability, Employment Practices Liability and Police Professional Liability are usually included in the Excess Placement for public entities. Most of the premium for these lines are included in the Excess Liability number. �� 164411jant Cary of Event o Request for Proposal F ENT Liability Insurance Brokerage Services I. Resumes of Service Team The resumes of Account EA-ecutl ves and Service Team members(Including any subcontractors)assigned to work on the Gty of Kent account. The following pages contain the resumes for the City of Kent Service Team: Deborah H. Bovee, CPCU, ARM ................................I.................... 18 Thomas P. Long, Jr., CPCU, ARM, RPLU......................................... 19 BrianWhite.................................................................................. 20 VickiHoladay ............................................................................... 21 RalphS. Hurst.............................................................................. 22 DanielJ. Howell ........................................................................... 23 GordonB. DesCombes.................................................................. 24 RobertFrey, RPA.......................................................................... 25 JimCastle.................................................................................... 26 Renee Judge, AAI, AIS ................................................................. 27 ConniE. Scott.............................................................................. 28 Brent Escoubas, CSP, REM ............................................................ 29 JamesLitke, CFPS ........................................................................ 30 f 17 &Affiant City ®f Kent w Request for Proposal 66BlodT Liability Insurance Brokerage Services Deborah H. Bowee, CPCU, ARM First Vice President Alliant Insurance Services, Inc. -Seattle, WA License Number.- WAOIC#80598 Accomplishments and Areas of Expertise., • Deborah's area of expertise is handling large, complex accounts that require the full scope of insurance services, including alternative risk financing and risk management services. • Deborah has extensive Public Entity experience. This includes major Owner Controlled Insurance Programs (OCIP) for SeaTac Airport and King County's Brightwater Project. ® Deborah also has Environmental Liability experience and was active in the design and implementation of a 30-year policy for the clean-up of Bellingham Bay. • Assisted in the establishment of a nationwide Ports Program. • Public Entity and Marine accounts currently handled: — King County (including Ferry Fleet) — Port of Tacoma — Tacoma Housing Authority — Pacific Northwest Port Association — Alaska Public Entity Insurance — City and Borough of Juneau — Golden Gate Bridge Authority — Ketchikan Gateway Borough (Ferry Fleet) (including Ferry Fleet) Experience: ' • Thirty-plus years experience with large risk management accounts with complex lines of coverage including Environmental and Professional Liability. • Strong expertise with major construction projects. • Specialty expertise in Public Entities. Professional Associations., • Chartered Property Casualty Underwriter (CPCU) • Associate in Risk Management (ARM) Licenses.- Agent and Broker, State of Washington 1 � I 18441liant Cary of Kent Request for Proposal _aT Liability Insurance Brokerage Services Thomas P. Long, Jr., CPCU, ARM, RPLU Representative Alliant Insurance Services, Inc. -Seattle, WA Accomplishments and Areas of Expertise: • Established two Risk Purchasing Groups for Public Entities and Ports. These groups facilitated the creation of competitive pricing and tailored coverage forms for their members. • Expertise in the areas of commercial property and casualty insurance, and also Professional Liability and Public Officials Liability. • Experience with large local Owner Controlled Insurance Programs, including the placement of Builders Risk Insurance on a recent downtown Seattle office tower and a larger sewage treatment plant. • Public Entity accounts currently handled: — King County — Clty & Borough of Juneau — Alaska Public Entity Insurance — Bellevue School District — City of Ketchikan — Renton School District — Ketchikan Gateway Borough — Tacoma Housing Authority Experience: • Thirty plus years experience as an underwriter and broker in the Pacific Northwest. • Managed the Marketing Department of a large national broker for 21 years, coordinating the placements of property and casualty lines of insurance for some of the largest Public Entities, Ports and businesses in the country. • Member of the Insurance Commissioner's Agents'Advisory Council for 13 years. • Participated in the re-write of the surplus lines laws for the State of Alaska. • Past President of the Pacific Northwest Chapter of the Insurance Brokers Association. • Past Director of the Surplus Lines Association of Washington. Professional dissociations: • Chartered Property Casualty Association (CPCU) designation. 1979 • Associate in Risk Management (ARM) designation, 1995 • Registered Professional Liability Underwriters (RPLU) designation, 2000 Education: O B.S. degree in Mathematics from Portland State University, 1971 xr 19 , ant City of Kent Request for Proposal KENT Liability Insurance Brokerage Services L - Brian White Assistant Vice President Aliiant Insurance Servrces, Inc. —San Francisco, CA AccornplishMeOts and Areas of Expertise! b Intimately involved with all aspects of insurance placements for several large property- related exposures including Bay Cities Joint Powers Insurance Authority, Catholic Healthcare West, and Port of Seattle. ® Lead insurance broker and consultant for the California Transit Insurance Pool (CaMP), a 35 member organization providing liability and property covers for transit agencies in the state. Transit experience extends beyond liability and property, and covers workers' compensation, employment practices, and crime and pollution placements, for many of the larger members. Experience; ® Provides property and casualty broker and risk management consulting services to North County Transit District (NCTD), a diverse transit system in San Diego, California with light and heavy rail, and bus operations. A Experience with market negotiations, marketing specifications consultation, carrier relations, and large project management. ® Leads medical malpractice placement for a group of hospitals in Nevada and the property placement for a group of cities in the Bay Area, California. a Actively involved in Public Risk and Insurance Management Association and Public Agency Risk Management Association. Education: • University of Arizona — Major in Finance Completed three courses toward the CPCU designation m Completed one course towards the ARM designation �w 20 AAffiant City of Kent 40, Request for Proposal KS.N7 Liability Insurance Brokerage Services "mad_ Vicki Holladay Account Manager, Marine Specialist Alliant Insurance Services, Inc., Seattle, WA Experience. a Vicki has more than 25 years of experience in the insurance industry, encompassing commercial underwriting, commercial rating, risk analysis, and marketing. • Her experience includes day-to-day account service responsibilities in commercial multl- line rating, underwriting, risk analysis, and marketing of commercial property, casualty and marine, handling renewals and endorsements. • Vicki provides the day-to-day service on a number of public entity and marine accounts. These accounts include: — . City & Borough of Juneau — Alaska Public Entity Insurance (APEI) — City of Ketchikan and Ketchikan Gateway Borough — Golden Gate Bridge Authority (Ferry Fleet) King County Marine Renton School District — Bellevue School District Professional Associations. e Certified Insurance Counselor (CIC) • CPCU Candidate • Marine Insurance Association of Seattle Licenses., • Agent and Broker, State of Washington • Non-Resident Licenses: Alaska, Oregon and California City of Kent Request for Proposal KENT Liability Insurance Brokerage Services Ralph So Hurst Vice Chairman Senor Vice President AiliantInsurance Services, Inc., Newport Beach, CA Accomplishments and Areas of Expertise: • Author and manager of the Public Entity Property Insurance Program, the largest property joint purchase program for public entities in California Author and manager of the Western Hospital Property Insurance Group, the largest joint purchase property program for hospitals in California • Insurance OCIP Project Manager for 68 MGD and 80 MGD expansion of Fresno Wastewater Facility • Responsible for property and boiler and machinery insurance for the cities of Long Beach, SERRF, Pasadena, Glendale and Burbank • Experience with Owner Controlled Insurance Programs (OCIP) for wastewater, highway and medical center construction Experience: Twelve years as an insurance broker with Robert F. Driver Associates, Newport Beach, California • Five years as Account Executive with Allendale Insurance Company, Los Angeles, California • Two years as Large Loss Claims Adjuster and two years as Loss Prevention Engineer with Factory Mutual Engineering Association, Orange, California Education: ® Bachelor of Science, Industrial Technology, California State University, Los Angeles, California, 1978 ® Associate of Science, Fire Science, Ventura College, Ventura, California, 1976 ® Associate in Risk Management classes, 1980-82, Coastline Community College Yij .rtN. City of Cent Request for Proposal : KENT Liability Insurance Brokerage Services Daniel 3. Howefl Managing Director, Public Entity Albant Insurance Services, Inc. -San Francisco, CA Accomplishments and Areas of Expertise: • Development and management of property and casualty insurance and self-insurance programs. • For entities with complex operations, bring experience with special events, fine arts, housing and public safety. • Adept at communicating and working in a collegial manner to build consensus for board and committee action. Experience. • Senior Vice President for the Public Entity Group for Alliant Insurance Services. • Account Manager for State of California, Balance of Business and Business Enterprises program for 8 yrs. • Account Manager for Capitol Area Development Authority (CADA) for 8 yrs. • Program Administrator for California State University Risk Management Authority (CSURMA). • Broker for Property placements for Port of Oakland, Port of Seattle & University of California. • Twenty years of Multi Line Policy Working Experience. Education and Certification; • 7uris Doctor from UC Hastings College of Law • Stanford University with A.B. in History • Chartered Property Casualty Underwriter (CPCU) • Associate in Risk Management (ARM-P) • Licensed Property &Casualty Broker— State of California City of Kent Request for Proposal KENT Liability Insurance Brokerage Services Gordon Be DesCombes Senior Vice President Accomplishments and Areas of ExPeef c- C Eighteen years' experience designing, implementing and servicing public entity insurance programs • Created and continues to manage the first joint purchase excess liability program for California public entities • Created and continues to manage the largest county medical malpractice program in California • Created and continues to manage the first national joint purchase reinsurance program for excess public agency liability coverage for risk sharing pools. • Prior experience working in the London insurance market placing excess liability and malpractice coverages Additional background as a branch manager for a property/casualty underwriting agency Experience: • Eighteen years as an insurance broker with Alliant Insurance Services, Inc. formerly Robert F. Driver Associates, Newport Beach, California • Two years as a North American Casualty Broker at Bowring Non-Marine Insurance Brokers, Ltd. in London, England • Two years as a broker/underwriter for Averbeck Insurance Brokers in Pomona, California • Three years as a Branch Manager for Brittain & McCrea Insurance Agency, Concord, California Education. • Bachelor of Arts, University of California, Berkeley, California • . Licensed by the California Department of Insurance as a Fire and Casualty Broker-Agent and Life Agent • 100+ hours of continuing education courses endorsed by the State of California, Department of Insurance 24 AA11ant City of Kent o Request for Proposal Liability Insurance Brokerage Services Robert Frey, RPA Vice President Qarms Services Responsibilities.' Robert is the Claims Manager for the Alliant Public Entity Division, covering their San Francisco, Sacramento and Newport Beach Public Entity operations. In addition to his department management responsibilities, Robert acts as the advocate for the Alliant clients who are faced with significant and/or difficult claim issues. Professional Experience Robert is a Registered Professional Adjuster and a former faculty member of the International Counsel of Shopping Centers. He joined Alliant in January 2002, after a 15- year association with Marsh Risk Services, including the predecessor companies of Fred S. James and Sedgwick of California, Inc. Robert began his career in 1974 with Bayly, Martin & Fay through 1985, then Morris &Associates until 1987. Duties included client advocacy, department management and corporate errors and omissions. Community and Professional Activities He is a charter member of the Registered Professional Adjuster Program, attends various industry seminars and has been a panel speaker for Budding Owners Managers Association (BOMA) and the International Counsel of Shopping Centers. He has also been an instructor for the College of Alameda on personal insurance coverage, claims handling and adjusting, and a guest instructor for BOMA covering commercial claims. i City of Kent Request for Proposal ' &£E.NT Liability Insurance Brokerage Services Jim Castle Senor Vice President Accomplishments and Areas of Expertise. • Eighteen years' experience in commercial insurance and risk management programs for large private-sector companies. ' ® Over twelve years of providing risk management expertise to the Construction Industry. • Manager of the Construction Services Group for Alliant Insurance Services. ' • Responsible for placement and service of property and casualty insurance for numerous large public works construction clients. • Responsible for the development and daily operations of the Alliant Insurance Services Owner Controlled Insurance Program Team. • Insurance OCIP Manager for numerous successful construction projects. • Public Speaker/ Instructor for various Construction Related Risk Management Topics. Experience; • Five years as the Managing Insurance Broker with Alliant Insurance Services Construction Services Group, San Diego, California. • Four years as an insurance broker specializing in construction risks with The Wooditch Company, Irvine, California. • Three years as an insurance broker specializing in construction risks with Barney& Barney, San Diego, California. • Three years as insurance broker specializing in large primary workers'compensation and general placements. • Three years as a Commercial Account Executive with Federated Mutual Insurance ' Company, Owatonna, Minnesota. Education • Bachelor of Arts, Economics, University of Redlands, Redlands, California • Licensed by the California Department of Insurance as a Fire and Casualty Broker-Agent and Life Agent ' • Over 100 hours of continuing education courses endorsed by the State of California, Department of Insurance i City of Event Request for Proposal i �giy g Liability Insurance Brokerage Services Renee 3udge, AA11 AIS Servicing Account Executive Assistant Vice President Alliant Insurance Services, Inc. -Seattle, WA License Number: WAOIC#267240 Accomplishments and Areas of Expertise; ® Servicing large, complex accounts that require extensive industry knowledge and ' attention to detail. Major Public Entity accounts: - King County , - Tacoma Housing Authority o Developing and maintaining large property schedules. Successfully negotiated a master property program to consolidate over 60 commercial policies into one comprehensive i program. a Providing allocations to assist clients with internal recharges. Experience: o Twenty-plus years experience in the insurance industry providing service and solutions in Commercial Lines, Property & Casualty. m Management of client service teams. Emphasis on client retention through delivery of contracted services. o Partner with clients, brokers and insurers to provide comprehensive risk transfer strategies. i Professional Associations; ® Accredited Advisor in Insurance (AAI) , ® Associate in Insurance Services (AIS) Licenses. o Agent and Broker, State of Washington City of Kent ' Request for Proposal KENT Liability Insurance Brokerage Services 1 Conni E. Scott Account Manager Alliant Insurance Services, Inc., Seattle, WA License Number. WAOIC# 129270 Accomplishments and Areas of Expertise: a Conni's experience includes the maintenance and service of a number of major public entity accounts. These accounts include: Sound Transit, City of Spokane, State of Wyoming, State of Montana and the P.U.D. #1 of Chelan County. ' Conni has a strong technical background that includes the analysis and maintenance of a number of loss sensitive accounts, large deductibles and self-insured retention ' programs, multi-line retro programs and other self-funded programs. o She has over 15 years of experience underwriting and servicing commercial liability including Automobile, Workers' Compensation, Excess Liability, Property, Inland Marine and Crime policies. Experience; C Twenty-plus years experience with large risk management accounts with multiple lines of coverage. ' 0 Specialty experience with Public Entity accounts. Licenses, ' ® Agent and Broker, State of Washington City of Kent h Request for Proposal ' Liability Insurance Brokerage Services Brent ESCOUbaS, CSP, REM ' Senior Loss Control Consultant Accomplishments and Areas ofExpe;Wses ' Thirteen years experience working with organization executives and managers on claims reduction strategies, safety culture development and bottom line cost reduction strategies for safety. , • Provides a variety of property loss control, fire protection, safety consulting, and casualty loss control services for K12 schools, municipalities, universities, construction, , healthcare and service industries. ® Developed a monitoring and charting system for customer complaints, contributing to a 10% reduction in customer complaints, performed Statistical Process Control on business processed. e Led and organized Property Damage Team, reducing damages by 22% in one year, generating approximately $200,000 in annual savings. ' • Provided highly protected risk consultation services for national and international risks, including: Nissan Automotive, Sharp Electronics and Canon; pre-construction planning, ' including fire sprinkler design and plan review; property service to international clients throughout Mexico; client presentations on property and casualty exposures, risk control reports and product liability, casualty, fleet, and property programs. ' Experience, ® He has provided more than 100 diverse public and private customers with unbundled ' loss control and safety services to United States and Mexico. Provides risk management and safety consulting services to more than 100 different clients throughout Southern California including cities, K12 schools, universities, hotel, ' manufacturing, restaurant, assisted living and construction; independently audit clients safety programs including claims handling, ergonomics site security, operational procedures; NFPA, OSHA and other regulatory compliance; industrial hygiene , investigations; developed customer safety programs and risk reduction strategies; reviews construction site safety; client seminars on safety related topics. Education and Certification, ® Bachelor of Science in Environmental Health — Illinois State University • Certified Safety Professional OSHA Authorized, 10 and 30 hour Construction Industry Outreach Program Trainer m Graduate of 9 month Chubb Loss Control and Chubb Insurance School `. , v 29 �19�f City of Event Request for Proposal KENT Liability Insurance Brokerage Services ' James Litke, CFPS Senor Loss Control Consultant Accomplishments and Areas of Expertise. • Twenty four years experience working as a Loss Control Consultant and Property Specialist. • Primary function is to act as a professional advisor, evaluating complex commercial and public entity structures and related operations for property and liability risks. • Environmental and Safety Manager and on-call loss control consultant for municipalities. Experience: ' ® Conducted loss control insurance surveys and provided property loss control training workshops for dozens of public clients. • Surveyed more than 200 commercial risks (many that are Highly Protected Risks) to evaluate property, liability and safety exposures. Conducted inspections and analyses of automatic sprinklers, other fire suppression systems, as well as life safety, and process exposures to determine adequacy of protection for special hazards and occupancy. 6 Worked as a Senior Loss Property Specialist. Surveyed different high-rise office ' buildings, hospitals, stadiums, colleges, manufacturers, retail malls, warehouse, airports, water treatment facilities and government buildings with individual site values up to and over $100 million. ' ® Managed the City of Aberdeen's safety program for over 150 employees to include workers from Department of Public Works, Water and Waste Treatment Facilities, and Solid Waste Division. SEducation and Certification. • Masters of Science, Environmental Studies, Johns Hopkins University ' • Bachelor of Science, Industrial Engineering Technology, The College of New Jersey • Completed more than 1,800 hours of continuing education in engineering materials, fire ' protection engineer, claims administration, life safety, water distribution systems, wastewater treatment, machine guarding, training methods, construction safety, fleet safety and forklift safety r c� r 30 miliant City of Kent Request for Proposal , KIET Liability Insurance Brokerage Services - ----- Organizational Charts , An organnzation chart of your Arm's local office and an organization chart of the individuals involved in the servicing of the City's account. Please see the two charts on the following pages. ' The first organizational chart depicts the core service team for the City of Kent. All of the day-to-day services will be handled out of Seattle and by this group of individuals. However, the Seattle office will have broad access to resources in the San Francisco and Newport Beach offices. The second chart shows the Alliant organization. The Seattle office reports through Driver Specialty, which is our Public Entity arm. 1 • J � z _? y, r ` 'z w.`r Sri' F -z: r � ♦ *`�. �k 3t t tr�r r:' r a 1 n,Jyy.l fv 1 i�h � ' Deborah Bo�e`e ThornaS P� Longh � ' dsa Bran Whrte', q. { 5 '" �` PrQp�rtyzCasualt-�r"``'`�€ rhr,5"e, '. aJ c.. q r r. , -t x cr�lf' Y Lax 3�3t �+.,� 7✓3'i .. � Sen�orAccount Executiv� ,, Acct Exec/Market Specaal�s�v r> ���{`San Francrsco� C.9�.,r ;� r a7-%j a v / c� <s C S .f, < 'r.'� �5 �r f �'ntiF,wva� �35€u.t Cx r✓d f t>i s' "''g"'+t.-.ems.-� - o r F�obertr �licki�H�ola"�aKr' r` s r K.Claims Consultant f` "F�>t ,dccount Manager , �° r xra.. ,_ "` €.;� 4'G s � �"',ate"-t✓z' a r s.H�r"'4 � }f ! xq� >s r Cr� v t,tv3- i� � .w Y e t ! 1'+ .2 T ✓ ` rL.yc p+c i__ 'r K, rl� �Cofnni S�cotGYReneeY fudge a r �1, ,�;�`AccourttM`anage �lx s, rw��k �,UnitManager ,� r � Ni " gal s. r , v ! J ir' + "uc.r- [y c ral>♦ �v-eLr Y+�U'at R A, L {/� tw Jr�'"'7ar t. Y.1 G�,� ftY L v z yin rr !_Vsom, rce tt I-•�fii -: h s'1�� 4' N 4� rT � iy�ir �<D `<'jyL' ! 4r{N �"":try '+ J._, n Y•_ ,� s�;'Mu'i,l' ��. ��^r(� ='3[� }Mi'JaLf Siktr y.y, �.3'� ssv �'r sS'rk.1 t �f�,n 1�ySa l.`tS�7a'�l,y'< -� [ttt>5' r ^,1 xasv� f a'z`rs'�, ��+. j"✓f'�'.r'-xi zi YYf��F���id�". f 6 �lrr �,}���,•�'� 4�;!`���`L''f o.S1rft�Mi^jl y2 l� �-r, ;F<�'µi°'rY'�,�`''r c�'yt�v`b"�il X.��vh F t F F�y�'-`C'ix .r> ` @ }C�4+i�. ��-�>Nk,Ralph �iurs� rY��s Gordon DesCombes� >„��:�=��!el' �o�iu¢el�i,`�, �� r z� ^r hSpecialty P,rogXams , Public Ent tysr Presttlet�t r r ty 9 ►� 9e �1+ " eta{�rxgfI 5if s .1,r ,l ' t e�y 'a� 3 Zj'3�j�'7a�Franers Oj=C��'"Tr Tf �r,� '�r ii;; t' 3r �� i �s'� v d h �' ,r•`k, " Y+,}r• 7,,.t4) y+. � t W�'abi ax�'t-t.9"� F�x� .s r� J/ a`. 9`'�G}o=""�r�t 1 i �t r+ � vJ.M1 x S,C '�+ d't" .i vF `�' h >2 7-i .rv:`a.'ia ! .`J•' c e nL'I R Qr151i5'Jn�{ r�C �# '��•��'r:v}41 C"1�.�°`fe"'i—'ny [3✓3.'ta r,�e s�`�T�+ .�s;�j�ii` tin�f•:i'eL�af.at.�.#..s�� '}t,�. � � �.n"�.+.�� � '`>f j�,�v�41„"lvJ' FR> '^ati':,r� a S l4t�,� v�.i! rr J, i �.h,. .y4+''�„I i'-: i�*�'h'.�`t�`4 r .r.dt'€x 5 }r y�yr[� e 'Y9.yc i`fzyaF'1✓'a'��. sf }�`#i '° `�?.. iv.'lp 7 s .y[, > > rs}v`,>.�k Sy>✓ ✓t� � ' kxr G s rt� tx'{xY ! 'x tiM N r r'r+i (+�k >i �." �{.43 ( .(>{�,.' h'.J d t Ar Jt Thomas B A ,so �xo Brent Escoubasfi c utx�arne Li lie � k 4 VS1 , F,r u ;>s t '�,R�x pa yJ'c7cc f a~C'Ja s ffe,r 4 4 y k "t i w, +A Y"- �re��PCopertyrSp�c�ahs����: � ~,•i;oss Gontr�7�Con�u�tk��`$ �.���o�s,Contrtol frons��tanty s t Z si h t.. �M St'4x3 ✓v}w I� i tNJ eJ' 9v w ,£�".r ) x t, -� s-f h3 �}J ` laleair oxBeach C h �^ > ° e ortBesachrr .4� j enrpor�Q�ach r OA� �.t rt'��p£ r �" �f r`.n � t.tCR. { ,.'�,r K"�e r• , k�t'' gia .v{rs b*Fe.7i d� �2�'evt'�Lt �:i � �tF r5ko �'� �3 vj'y,'a.:' r"'� N'->k ti.ur t•� r2 is 3 u. it v' a SAY 25 n » ;✓fxa `N„F,lal i'F -,:j�y yM acr +.'i.. x r w'(�"•"r i,+.1 tTiu4.. J-',x Y>=s r•�+, s`Lszrf'-; 3.' t �.s rd I owl e E'� ` ■ �]}k 4 /f #; § , � 7 f � � a ® c - � , 2 t @ / Lm . ;,l , ■ E0 } ) {)2* ! \ $ 5;O , ( c ; cc 2 - § ! §\, All »«®&2 \ � , � City of Event Request for Proposal KENT Liability Insurance Brokerage Services K. Account Executives A minimum of two(2)qualified account executives to be assigned permanently to the ' City of Kent account who shall be responsible for responding to requests for information, attend meetings, and be available on a normal daily basis to address the issues and activities associated with this account, as well as other duties as requested. Each account executive shall have a minimum of ten years experience in commercial lines, with a preference that each account executive possesses the ARIN and/or CPCU designation. Alliant will assign three account executives to the City of Kent account. Please see their complete resumes In Part I of the Statement of Qualifications. They are: • Deborah Bovee, CPCU, ARM: Debbie has over 30 years of experience in the insurance industry. Twenty of those years she has focused on accounts in the public sector. Her specialties are Professional Errors & Omissions and Property. • Thomas Lone, CPCU, RPLUf ARM: Tom has over 35 years of ' experience in the insurance industry. He has marketed all lines of coverage. His specialties are Excess Liability and Property. • Brian White: Brian has over 10 years of experience handling Public Entity insurance and Risk Management issues. t x".�T;��y •Y, F` ' 34 A Ilidnt City of Kent Request for Proposal ' Liability Insurance Brokerage Services 1.. Service Team Description , A detailed description of the assembled "Service Team"including resumes, service assignments and responsibditres of members. , Alliant has atl of the resources that the City of Kent wants and needs to address your issues. Please see the Service Matrix on the next page. The Seattle Office will use the San Francisco and Irvine offices for Claims support and Loss Control , services. Please see Section I for resumes of the service team and Section I for the organization charts. I i I ' L 0 L 3 A a� M LL c E y 19 c a � E c 0 C u N Lo C O cc .0 C P-, E x n 3 = c n (D cif _ _ •,. �a � Q v o in c o ° u g u c w v u O c Z, ` o E u u u u 0 a5 w o w cc: U) cr7 i.i U) cn U) = City of Kent Request for Proposal ' KENT Liability Insurance Brokerage Services M. Additional En-house Services and Specialists R list of addition/in-house services and specialists, with their qualification, available to support the needs of a large, pubic sector account. Alliant has a full array of Public Entity specialists and programs to support a large ' public sector account. Please see the Service Matrix in Section L. The major differentiator between Alliant and our competitors is our focus. With over 38% , of our revenue derived from Public Sector accounts, our programs and specialists are tailored to your issues, needs and concerns. In Section C, Abilities, we will detail the additional specialists in loss control, claims and other support services that Alliant will bring to the City of Kent account. City of Kent a Request for Proposal r ENT Liability Insurance Brokerage Services aEa Broker's Proposal Parts A-F iA. Areas of Service Areas of Service: A description of your fiirm's experience In providing the service, as outlined in the Areas of Services, for public entity clients and explain what dlstrnguishes your firm from others in meeting the service needs of the City of Kent. 1. Brokerage Services ' Alliant will perform all of the services enumerated in the RFP. Approximately 38% of our corporate revenue and 1001/10 of Seattle's I revenue comes from public sector accounts. The self-insured retentions that we work with in just the Seattle office range from $3.5 million each and every occurrence, down to several accounts with deductibles. So, we have experience with the full range of self-insurance. As a specialty broker in the public sector, we have developed a process to address the delivery of Brokerage Services on a consistent basis across our client base. ' Collectively, this forms our"Defined Service and Marketing Process" which we implement with all of our relationships. Our use of this process has proven to produce exceptional insurance placement outcomes, consistency in quality service and checkpoints for monitoring our jointly agreed service standards. The chart on the following page illustrates our standard Service and Marketing Plan. We will work with Kent Risk Management to determine key targets for completion of each item based on a 180 day renewal period. ' reaarsiffioa Plan Alliant is well positioned to provide a smooth transition and high quality services. We: m Understand the marketplace. Work daily with the details of the various elements required for an ' effective Risk Management program (TPA costs, SIR levels, etc.). We understand the costs/premiums associated with each element. A Know the abilities of each market to provide a timely and comprehensive quote. r EII gAlliant i City of Event a Request for Proposal ' BG�Ri7 Liability Insurance Brokerage Services r r Defined Client Service and Marketing Process 90 Days Prior 75 Days Prior MEMO to Renewal to Renewal > s=Reaie+naal<<== Underwriting Initial , D • e Strategy Submission & market X AReeting Presentation Reaction Coverage Examination i • ® D • . B o E D . a 0 D . o '% ' Per Client's r Instructions Desk ' ti�wL•`Ee .• iA_ 4`a�tivs2°`i • ' ar_T's>.� i�:�""n..� •` r. ' ReferenCe& `!. u ,T° r'g 'S .`r1'i=.'� Y=.��. ,s lyy.`�,,°sc•.�";13u.e,�vsi�>'i Open Items , List (a Stewardship Report The transition phase is critical to the smooth implementation of the City's , new relationship with Aliiant Insurance Services. Tom Long, Deb Bovee and Brian White will create a Transition Work Plan r that will guide our activities during the transition phase. We will work closely with the City to identify critical activities which would include the , following: o Transition of work flows for all insurance policies from the Pool to US. ,,p r City of Kent Request for Proposal ECG°AIY Liability Insurance Brokerage Services • Filing of the Broker of Record Letter with your insurers to obtain critical data such as loss runs and pending endorsements, or work with the City to outline information needed from WCIA. ' • Creation of an Open Items List to include pending items and action items critical to the City. We have included a sample Open Items List in the Appendix. We find this list coupled with quarterly team meetings is very helpful to keep everyone focused on critical goals and timelines. We will meet with you to begin collecting data and discuss those items critical to the transition phase. Ana0ytics and®®agnostic.5 In conjunction with our Transition work, we will begin the process of acquainting ourselves with the City's exposure and loss information. We will look at your risk profile, the potential for loss frequency and severity, and how insurance plays a role in mitigating risk. We will prepare our analysis for discussions with the City in advance of or during our Renewal Strategy Meeting. The team will work to analyze and strategically plan for new emerging risks. The result of this strategic planning may be the decision to continue to retain the risk, commercially transfer a portion of the risk or apply risk management practices to reduce the risk. Coverage Examination Tom Long, Deb Bovee and Brian White are skilled at examining coverage forms and comparing them with others. They will perform this in order to ' fully appreciate where Alliant can improve coverage as well as identifying which markets to approach. Alliant manuscripts its own coverage forms for its proprietary public entity programs. An examination of the current coverage against these manuscript forms will quickly determine if it makes sense to consider an Alliant program as part of the marketing effort. ' Renewal Strategy Meeting All marketing and renewal strategy plans will be performed by the same professionals. Ideally, at least 120 days before your major renewal date(s), Tom and Deb will coordinate a Renewal Strategy Meeting with you. At this meeting, we will look to accomplish the following activities: • Review our Risk and Coverage Analysis, the resultant Risk Profile and the adequacy of your current insurance portfolio • Update the City on the current insurance and reinsurance market 1 , • 40 &AINant City of Kent Request for Proposal = ' K IE.N;r Liability insurance Brokerage Services • Discuss recent renewal results for similar public entity and large limit clients • Provide an analysis of viable underwriter alternatives, their capacity and deductible preferences ' • Obtain your thoughts on the desirability of a particular market, i.e. your past history with that insurer, the insurer's financial rating, etc. • Estimate renewal pricing ranges • Confirm a renewal timeline and renewal options We will provide you with a written report after this meeting outlining our mutually agreed game plan. Underwriting Submission and presentation The underwriting submissions we prepare for public entities are unmatched in our industry. Our responsibility is to portray, with integrity, your unique Risk Proflle. Your underwriters will know that our submission will portray your unique risks and operations correctly, succinctly and in a clear and easily understandable format. We may determine an extensive marketing exercise is in order after the renewal strategy meeting. We firmly believe that you are your own best advocate, that you present the best possible overview of your organization. That is why we wholeheartedly encourage meetings between you and the marketplace. We will help you structure presentation material and provide input and guidance on the graphic representation of your unique operational results and risks if the City decides to attend underwriting meetings. ' Our typical goal is to have the underwriting submission and the underwriter presentation complete and available to the market at least 90 days prior to your renewal date. Initial Market Reaction We will monitor market reaction and feedback to identify whether a , certain strategy needs to be modified. In a constantly changing marketplace, pricing, limits and coverage terms can change quickly. We will share the initial feedback immediately with the City of Kent to confirm that our agreed to strategy is correct. Underwriter Meetings, Negotiation, Weekly Updates We meet with underwriters beyond your presentations in an effort to improve negotiations. We will provide you with weekly renewal updates City of Kent Request for Proposal &C SW Liability Insurance Brokerage Services (or more frequently if preferred), either in written format or via conference call, based on your preference, to keep you informed and get your feedback and thoughts on the underwriters' responses. At the Renewal Strategy Meeting, we will confirm your preferred method for staying abreast of negotiations and feedback. Renewal Proposal and Analyses We are keenly aware that while our clients want to have a bottom line comparison of all renewal alternatives, they typically want to know the intricate details of each quotation as well. Therefore, our renewal proposals feature both an Executive Summary and a detailed Coverage Analysis section. Our analysis will help you make a more educated renewal decision. We are also very time sensitive. Therefore, unless the City requires otherwise, our renewal timeline is aimed at having our renewal proposal to you well in advance of the policy expiration date. sinning Docrrrnen& Once the City has reviewed its renewal options and have selected their program, we will immediately begin processing the following documents, all designed to be completed 10 days before your renewal date: 6 Binders o Certificates of Insurance P Premium Finance Agreements — if applicable o Claims reporting instructions ® Program limits charts Desk Reference and Open ftems Report Part of Alliant's service process is to provide our clients with a Desk Reference that includes insurance summaries of all in-force coverages, claims reporting instructions and contact information for your dedicated service team. You will have home phone numbers and cell numbers for each member of your service team so that you can contact us whenever it is necessary. We will continue to keep this valuable reference updated I during the year. Our Open Items Reports are intended to guide our work on your behalf so that open items continuously move toward resolution. They also allow us to stay focused on unresolved items as well as discuss new risks or operational issues throughout the year. F 42 AwIftnt City of Kara o Request for Proposal ' [C�➢d $ Liability Insurance Brokerage Services Summary Report and Meeting , The Summary Meeting is designed to evaluate our performance, review the results of your renewal, discuss any new operations or endeavors you are contemplating, update you on recent market conditions/trends, and plan our next renewal strategy meeting. Alliant's Defined Client Service and Marketing Process has served our clients, company and colleagues well. Although it is our standard process, we understand that each organization is unique and each renewal is unique. Therefore, we are flexible with how each situation dictates we provide our services. , 2. Risk Control Services Alliant Loss Control Service (ALCS) can assist the City with activities including, but not limited to: • Hazard risk assessments Review of existing Risk Control Procedures ® Training, including webinars and a DVD library ® Crisis Management and Contingency Plan Development ' Providing loss and computer model losses ® Designing and developing a program for building appraisals and ! valuation Alliant's services are in place to support the City wherever necessary. Our claims and loss control resources have specific knowledge in unique exposures such as correctional facilities, bridges and tunnels, law enforcement and fire department issues, stadiums and many other ' exposures that frequency appear with large public entities. Please see Appendix C for a Sample Report for Risk Management and Loss Control Practices. Safety and Loss Control Services Alliant's safety and loss control services help clients identify and reduce , loss exposures. Led by Brent Escoubas, the staff provides a broad spectrum of services and is capable of designing, implementing and managing a comprehensive loss control program. Below is a description of some of Alliant's loss control services available to the City. ® On-site visits to determine loss preventive needs—The Alliant Loss Control service team is available to perform initial and follow-up consultative site visits. Our staff of consultants and specialized subcontractors are available to assess risks and local r 43 m iliant City of Kent .. _ Request for Proposal KIE � Liability Insurance Brokerage Services 1 management concerns as well as recommend loss prevention needs and action plans that help the site meet important business and risk management goals. ® Assistance in fire prevention regulatory compliance — Alliant will review fire sprinkler and fire alarm systems design, including fire and budding code(s), applicable consensus codes (NFPA) and generally accepted best practices for liability and property insurance/risk management. a Catastrophe modeling —Alliant utilizes the latest Catastrophe modeling software to assist clients in evaluation of their risks, including the exposures that directly affect the City— Windstorm, Earthquake and Flood. We believe that it is critical for our clients to understand their Probable Maximum Loss (PML) exposure to help make informed risk management decisions and better serve stakeholders. We utilize both the AIR Cat station and RMS I Risklink catastrophe modeling programs on our client's behalf to assist in better understanding and quantifying their windstorm and earthquake exposures. The models are used to: 1. Supply data to make decisions on how much to fund for a self-insured retention. 2. Identify the key drivers of loss and which locations are impacting premiums. 3. Provide data regarding how to allocate CAT premiums and how to fairly allocate premiums to locations. 4. Provide key analytics to help clients in the market to better understand the issues faced by their underwriters. 5. Guide how much insurance should be purchased for windstorm, flood and earthquake. Disaster Nana_qemeant/Recovery Services In the event of a natural disaster, Alliant's Service Team will work with the City to identify appropriate activities and resources aimed at mitigating loss and maximizing insurance recovers. 1 Rae--Event Activities ALCS (Alliant Loss Control Services) has extensive experience with the design, implementation and project management of business continuity, disaster planning and recovery programs. We can work with the City Risk Management to identify key business continuity activities or assist in �m City of Kent Request for Proposal KIE.NT Liability Insurance Brokerage Services designing a complete business continuity plan and oversee the implementation of the plan. Insurance Requirement in Contracts Manual A common need and request from our clients pertains to reviewing I contracts and developing appropriate language and Insurance requirements in order to properly manage risk. Our IRIC manual is available electronically for all of our clients and details recommended insurance requirements for vendors working with our clients. The manual will provide guidance to your staff involved in securing contracts with a variety of contractors and vendors. Alliant is prepared to offer full or half-day training presentations to clients on the concepts contained in our IRIC Manual. We do these presentations often for most of our larger clients. Much of our time is spent with clients working through contract language Issues, and for a few of our clients, we review every single contract prior and post execution in order to determine that correct language is used, and that every contractor is in compliance. For most others, we provide detailed training and then only handle exceptional requests. Deb, Tom and Brian are well versed in this process. 3e C9alms Administration Services Alliant's public entity claims department is located in San Francisco, CA and led by Bob Frey. His most valuable role will be to act solely as your claim consultant and advocate on difficult and severe claims. Bob's goal ! will be to complement and supplement your efforts in obtaining quick and j equitable claims resolutions while acting as the City's claims resource. Bob's responsibilities include: ' Reviewing claims notifications and abstracts to assure appropriate reporting to insurers; Assisting in the procurement of documentation, as necessary; o Tracking the status of large or difficult, open claims; o Coordinating insurer claims meetings; ® Facilitating a dialogue between the client, the assigned adjuster and insurers; Responding to questions on coverage. In assisting our clients with coverage disputes and proving difficult claims, we recognize that each claim is different and has its own fact pattern. This information is reviewed to determine the best path in Th( � ,@ 45 11an City of Kara _o Request for Proposal KEp,iT Liability Insurance Brokerage Services dealing with coverage disputes. The facts are examined as they relate to the Policy wording and the Policy wording is reviewed word by word; often it is only one word that can turn a coverage dispute in favor of the insured. Alliant will locate and utilize outside consultants where it is helpful in proving issues such as causation, valuation of damage, historical value, etc. We often assist our clients in gathering facts, information, knowledge that is used in the discussion and negotiation of disputed claims. In addition, our Public Entity Claims Practice Group has the ability to call upon both the Chairman and President of Alliant when intervention with Executive Management is necessary. While this step is not one often utilized, our Executive Management Team stands ready to assist as needed for both our clients and staff. The"devil is in the details" never rings truer than when there is a claim. Alliant will work with you to maximize recoveries. The following services will also be provided by the Alliant Service Team working in close collaboration with the City: 3 Overseeing the process for identifying the Assigned Adjuster— Alliant will work with the City to evaluate and select an assigned adjuster for the property program, if necessary. If the City is happy with the current relationship, we will align our team with the adjuster to provide seamless service. a Establishing uniform claim reporting procedures—Alliant will oversee the implementation of a "Claims Procedure and Reporting Handbook"working closely with the City and the assigned adjuster(s). It is our intent to be actively involved with claims as it provides us with a complete understanding of loss activities and it improves our relationship with program insurers. While it is the adjuster's responsibility to adjust claims, it is our responsibility to ensure the property program is responsive to the City exposures and that insurers are responsive to City needs. O Utilizing technology for claims reporting — Alliant will explore ways to utilize technology in an effort to improve the efficiency of claim reporting. Alliant's proprietary program OAYSYS-Net provides a platform for reporting claims online. We will explore the compatibility of this program with current City procedures. o Coordinating Insurer/TPA claims services —Alliant will take an active role in monitoring the claims services provided by the Assigned Ad)uster(s) and any additional parties, including professional services such as forensic accountants. City of Kent Request for Proposal M " KE9d T Liability Insurance Brokerage Services m Maims/Loss analyses— Alliant's Service Team will analyze loss characteristics as part of its program design activities. Particular attention will be paid to identifying frequency issues and areas where severity has been demonstrated. Post. vent Activities The City of Kent Alliant Service Team will assist in coordinating the professionals needed to swiftly prepare and negotiate complex claims. This includes utilization of a forensic accountant for complex business interruption claims, if necessary. Bob Frey will serve as a claims advocate for the City working closely with all interested parties to settle each claim as quickly as possible. 4. Information Services Alliant Insurance Services has a well-organized network within the "specialty"division that keeps all of our account executives abreast of changes within the public entity sector. As we have emphasized throughout our response to the City's RFP, Alliant recognizes that public entities are a specialized insurance niche. We closely track all Risk Management trends and insurance topics. j We will provide the City of Kent with information as it occurs and be prepared to provide more in-depth details as a part of the quarterly Open Items meeting. S. Advocacy Services Alliant Insurance Services will be the City of Kent's advocate on issues affecting the City. Claims advocacy is a major part of our services in this arena and this support will be provided in other risk management and insurance arenas, as required. f. StewardshiR Process The Stewardship Process is an essential part of Alliant's risk management partnership with the City of Kent. This process provides an opportunity for two-way feedback between the City and your service team. This process facilitates open dialogue with regard to accomplishments achieved in the past year, the status of on-going projects and priontization of new issues relating to your risk management and insurance program. Because our environment is not static, your risk management strategies must be revisited frequently to ensure that your program meets with your operational needs. Through this process, you take an active role in I City of Kent Request for Proposal Liability Insurance Brokerage Services defining the Service Plan for the year, thereby ensuring that the needs of your organization are recognized and addressed. The Stewardship Process has several key components. The components are as follows: o A Stewardship Meeting between the City and Alliant Service Team approximately six months Into the policy year to discuss all elements of the program and to establish the content of the Stewardship Report. m Presentation of a formal Stewardship Report to the City within 45 days after the calendar year-end for the City. ® Monthly Open Items List review. o Quarterly Open Item meetings that"roll-up"to the formal Stewardship meeting. ne Stewardship meating m Sregpesfed Topics ® Discussion of your operational goals and philosophies. Discussion of any changes in your operations, with a focus on how we can assist you in minimizing risk and maximizing growth opportunities. ® Review and discussion of projects completed, along with a status report on open projects. ® Review of services provided to the City by any outside sources (who may be invited to participate in the meeting, if appropriate). Open discussion of how well the City perceives the Alliant Service Team to have met the agreed-upon service requirements. e Discussion of trends in the insurance marketplace, including new products and services which may have interest and applicability. s Planning for new projects to be undertaken in the current or upcoming service plan year. i ® Discussion and establishment of strategies for the coming year and beyond. Core Elements of the Stewardship Report o Executive Summary— Highlighting key items contained in the report. t City of Kent Request for Proposal ' _ KENT Liability Insurance Brokerage Services r • MajorAccompiishments—Achieved in the past year (i.e., by , line of coverage, program structure, claims management, safety & loss control). • Ongoing Projects— Status report on the past year (i.e., by line of coverage, program structure, claims management, safety & loss control). • Goals and opportunities— For the upcoming year as 1 determined in the Stewardship Meeting regarding our level of service to you. The Stewardship Report is only one element of our ongoing i communications; however, it is a very important process for both the City of Kent and Alliant. 7. Maintain Written Record Alliant will maintain all records and documents that pertain to the City of Kent's account for a minimum of seven years. We will make these records available to the City of Kent upon request. I I ! 1 City of Cent Request for Proposal 1-' KEr4 F' Liability Insurance Brokerage Services B. General Assessment Describe how your organization shall perform a general assessment of the current ' insurance and self-insurance program on a conceptual plan and schedule for restructuring(if recommended)and market the City's insurance needs for the upcoming 201112012 term. specifically discuss how you would market these exposures and your expectation of likely premium/coverage adjustments. The Defined Client Service Plan that we discussed in the previous section provides a road map that will provide the foundation for Alliant's general assessment of the City of Kent's current insurance and self-insurance program. We have already started this process by reviewing the data that you provided as a part of the RFP process and have visited your webpage. In addition, we look forward to continuing this process by: o Filing Broker of Record Letter with your insurers to obtain loss runs, pending endorsements, policy terms and conditions. ® Meet with Risk Management to discuss current concerns, ongoing ■ projects and potential new emerging risks such as the City of Kent's annexation of new citizens. ® Begin to acquaint ourselves with the City's Risk Profile. This includes a detailed review of your loss data. It also includes discussions of your risk appetite. This analysis will lead to our recommended program structure. Conceptually, we believe that a combination of self-insurance supplemented by reinsurance or excess insurance from private insurers is the best approach for the City of Kent. A City the size of Kent should retain the first $100,000 to $250,000 of liability exposures, depending on historical loss experience combined with Kent's appetite for risk and desire for claim control, Above this retention, either reinsurance or excess insurance could be purchased. The advantage of reinsurance is that a liability form specifically designed for Kent could be written, and reinsurance 1 implies more control over how claims are addressed. Excess insurers would use their own public entity forms and may require additional control over claims handling, but since there are more excess insurers than reinsurers, competition ' may lead to more aggressive premium structures from excess insurers. rv-;;;��e4'r . t�• 2 City of Kent Request for Proposal K.E.NT Liability Insurance Brokerage Services Cities purchasing liability insurance have many exposures that need to be covered: • General Liability ' • Automobile Liability • Public Officials Liability • Employment Practices Liability i • Police Professional Liability Potential Insurance Markets There are approximately 27 insurers that could provide coverage for all of these types of liability, but we would recommend approaching the following four lead markets (A.M. Best's ratings shown in parentheses): • Munich Reinsurance (A+/XV) —This market can use the reinsurance approach with a manuscripted Memorandum of Coverage (MOC), and could provide as much as $10 million in liability limits. A. C.V. Starr— This market operates as a Managing General Agent (MGA) for two carriers: Everest National (A+/XV) and Starr Indemnity (A/X). While Starr has not been as competitive as we would like, the recent closure of their Seattle office has led us to deal with underwriters in San Francisco who are much more aggressive and knowledgeable. • Allied World Assurance Company—AWAC (A/XV) —This market established their office in San Francisco about three years ago. They have proven to be a competent public entity underwriter and aggressively pursue public entity clients. • Ironshore (A-/XI) —This market recently established an office in San Francisco and hired a well-known public entity underwriter away from ACE Insurance Company. Within the past year, the two top officers of Lexington Insurance Company, well-known for insuring excess liabilities for public entities, left Lexington for Ironshore. We feel that this expertise will enable Ironshore to be an aggressive and knowledgeable market for public entitles. Liability Pricing We do not have a detailed claim history for the City of Kent, so indications of pricing leads us to be conservative and indicate a price for a $10 million liability limit with a $250,000 retention to be approximately $425,000 to $450,000 when comparing Kent's size with similar public entities. We would propose to market your excess liability to Insurers and break the $10 million limit Into two $5 million i 51 City of Kent Request for Proposal q- Liability Insurance Brokerage Services layers. This approach could create more competition among the markets, and could reduce the premium range to $410,000. After reviewing your claim history, it could be that we will find the pricing for a lower retention is attractive. We would highly recommend that Kent consider higher limits than $10 million in $5 million increments to as much as $30 million. Currently, Kent purchases $20,000,000 limits. The $10,000,000 excess $10,000,000 would likely be priced at approximately $80,000. The additional $10,000,000 xs $20,000,000 would likely cost $50,000 to $60,000. Risk Purchasing Group You are very familiar with the benefits and the downsides of the rigid structure of an insurance pool. By its nature, there must be many rules in order to ensure that its members are committed and will provide the financing necessary to make the pool financially viable. Many times, for larger entities, the value of a pool as a risk spreading mechanism becomes moot as that entity becomes larger and would like to assume different layers of risk that are more reflective of your risk appetite and provide more flexibility in your program design. We understand these issues. There is a potential mechanism that Alliant Seattle has successfully employed for two of our largest groups of accounts. It is a Risk Purchasing Group. This type of group is authorized by RCW 48.92. This type of group is characterized by: C Group Purchase of Liability Coverages: It allows the group to purchase a master program with individual policy limits for each member of the group. There is NO risk sharing and each member stands on its own loss record. a There is NO pooling of funds to finance the program. ' There are NO restrictive covenants that tie the entity to the Purchasing Group. o Coverage is flexible to meet the individual member needs and stunning premium savings can be achieved. This is an idea that we would like to explore with the City of Kent. Currently, there are no public entity risk purchasing groups in Washington State (other than for ports). Alliant's approach would be to incorporate a Risk 1 Purchasing Group for Cities with the Washington Secretary of State and then to file for approval with the Washington Insurance Department. This would take approximately three months to accomplish. Once the Risk Purchasing Group is in place, purchase of any type of liability insurance for City members of the group can be negotiated on a group basis without the imposition of minimum premiums sometimes applicable to specific coverages or liability layers. Alliant has formed . , • " c 52 d�11t� � City of Kent e Request for Proposal KENT Liability Insurance Brokerage Services several Risk Purchasing Groups that have benefited substantially from group purchase of liability insurance. In addition to premium savings, there is no risk sharing, and the limits of liability apply separately to each member of the group. Further, no Interlocal Agreement is required. Insurance Pools We do not recommend that the City of Kent consider insurance coverage from a public entity pool. While pools have done an excellent job providing stable pricing and coverage for smaller public entities since the late 1980's, Kent is simply to large for participation in a pool. We look forward to exploring these ideas further with the City. 1 1 i I i 1 I 1 53 &AINant City of Kent Request for Proposal I EHY Liability Insurance Brokerage Services C. Abilities Provide a descrnptron of your abilities to meet any other special service needs you perceive are needed. Alliant Insurance Services, Inc. is extremely qualified to provide the requested insurance brokerage services to the City of Kent. Our extensive experience in providing similar services to thousands of public agencies makes us a leader in this field. Over the past 28 years, Alliant has developed custom insurance and risk management programs for our Public Entity clients. These include over two thousand cities, several thousand special use districts, 56 of California's 58 counties, more than 70 Joint Powers Authorities, over 170 hospitals, several of the nation's largest transit agencies and school districts, the California State University system and several states. Collectively, Alliant provides services to over 10,000 Public Entity clients in 43 states. Corporate Profile Established: 1925 ® Services c e ® Retail Brokerage Revenues: over $330 Million ® Risk Management Consulting * Benefits Consulting ®fi`ices: 46 offices in 43 states v Underwriting ° • ° • Claims & Loss Control Market Identity: Specialty Focus Human Resources Consulting ' Public Entities This focus on Public Entities and their needs has led Alliant to develop specialty programs that deliver comprehensive coverage at"below market" costs. In the next section of the proposal we will focus on some of those programs that could be useful to the City. In addition to programs, Alliant recruits and employs specialists in the public sector. The following are some of our abilities to provide services to the City: I • Local Experts The Seattle Office of Alliant is recognized as experts in the Public Entity arena. Deborah Bovee and Tom Long have sixty plus years of combined public agency experience. They have the ability to draw on Alliant's extensive pool of knowledge and expertise. We have been chosen by our municipal clients because of our ability to offer: ct�S Y�y l 54 & INant City of Kent a Request for Proposal lCEAdT Liability Insurance Brokerage Services - Innovative, cost-effective risk management and insurance programs Added value to the strategic planning process - Creative ideas and products Our understanding of the unique public entity political climate ® Focused Products and Services Alliant has over 300 employees that focus just on municipal risks. We have been a leader in developing programs that can be used to bring added value to our clients. ® Success with other Public Entities The Seattle office of Alliant Insurance Services is dedicated to the Public Sector. Our Seattle Team currently handles close to $25 million in premiums for Public Entities. These types of premiums provide us with strong leverage with the major Public Entity markets in Seattle and on the West Coast. We currently have a number of proprietary programs, the most noteworthy being PEPIP (Public Entity Property Insurance Program). With over $320 billion in insured values in more than thirty states, PEPIP is the largest property insurance program in the world and offers members leveraged buying power with the attendant benefits of flexibility, enhanced coverage, and reduced premium costs. PEPIP affords coverage under a broad manuscript form adapted to the needs of the public entity. While we understand that the City of Kent's RFP is for the Liability coverages, we also believe that the success of the PEPIP program for public entities is a key differentiator of Alliant. Our companion excess liability program is the Alliant National Municipal Liability Program (ANML). Similar to its PEPIP counterpart, ANML has been designed to capitalize on the flexibility, broader coverage provisions, and lower premium rates of group program purchasing power. Public agency clients maintain the capability of designing coverage limits and deductibles specific to individual needs without the necessity of formal membership requirements. The policy form offers coverage specific to public agencies and is notable for the absence of exclusions for fungus and mold and uninsured motorists coverage, broad named insured j language inclusive of employees, directors, elected officials, and volunteers, and a less restrictive, more beneficial pollution exclusion with favorable pollution definitions. Even more notably, public official errors & omissions and employment practices liability are not subject to aggregate limits as is the case with typical public agency liability insurance policies. It `�� ld�v lSr City of Kent Request for Proposal 1 ENT Liability Insurance Brokerage Services am ate ' Manuscnpted special excess liability coverages include: Public Officials Errors &Omissions, Employment Practices Liability (a unique clause reimburses up to 501/10 of reasonable defense costs should allegations of negligence not be proven), Contractual Liability, and Incidental Medical Malpractice. The rapid growth of this newest Alliant proprietary program - member premiums are nearly $17 million - reinforces the fact that its broad coverage and competitive cost is fulfilling the liability risk transfer needs of the public sector client. Furthermore, we also have developed a number of other group programs designed to address a host of risk management issues on a typically competitive, lower than individual policy cost basis including crime/faithful performance bonds, pollution liability, airport, aircraft, vendor's liability, tenant user liability, watercraft, and fiduciary (ERISA) liability. Our experience and competence coupled with our commitment implicitly assures that quality remains the cornerstone on which we base the delivery of service. Several of the programs that the City will want to consider are: - Fiduciary Liability insurance Program (FL.KP), The City of Kent has recognized this exposure and purchases insurance coverage for its Fiduciary Liability. This program was launched by 1 Alliant in 2005 to bring the cost advantages of group purchase coverage to retirement systems seeking individualized liability coverage at a cost significantly less than would be purchased as a 1 single public entity. Some of the features of this program are: o Full Prior Acts coverage • Limits and deductible options available • Full severability of application endorsement • HIPAA Extension t • Governmental Plan Endorsement • Public employer with sponsor organization coverage • A+ XV Underwriters This program is an alternative for the City of Kent. l - Capital.Tmprovement Projects, The Seattle Team of Alliant have a strong construction/design professional liability/ environmental liability background. Tom Long and Deborah Bovee have directed the following major projects in Seattle: • ShoWare Event Center, City of Kent (Builders Risk) IFR'FA -- City of Kent ;F Request for Proposal Liability Insurance Brokerage Services ® Brightwater Project (All Lines) ® Safeco Field (Project Professional Liability, Environmental Liability, Railroad Protective and Builder's Risk) • Seattle Bus Tunnel (Original Construction for Metro) Alliant has a specialty focus in this arena. Jim Castle out of our San Diego office directs this group. Jim has over 18 years experience in this arena (please see Section Vor his resume). The Alliant Team has the experience and the resources to work with the City on Capital Improvements Projects. • Atiiant Insurance Brokerage &Risk Management Services Retail Brokerage, Our insurance brokerage and risk management professionals are client advocates. Our strategy involves segmenting our client groups around our clients' special needs and then providing those specialized services. While we have extensive capabilities to design, place and implement customized solutions across all insurance lines and products, we have developed specialties and group purchase programs that combine mass buying power with specialized focus. Reinsurance Brokerage; Alliant places the reinsurance for some of the largest Joint Purchase programs in the United States. We also place reinsurance on an individual account basis. King County is a good example of this type of placement. The Seattle Alliant Team has one licensed Reinsurance Broker: Tom Long. ® Strategic HR Alliant knows that sometimes the biggest issues that your entity faces come from one of your most Important resources: your employees. Strategic HR was formed to provide our clients with the tools to try and avert or prevent the claim before It occurs and If the crisis does occur, the resources to navigate through the complex issues. Some of the resources that this group offers are: - Unlimited Consultation with Human Resources and Safety Experts - Human Resources Seminars - On-Line Access to HR forms, guidelines, policies and checklists - Compensation Data s� ffia ` t City of Kent Request for Proposal " YaEAty Liability Insurance Brokerage Services - Monthly HR "Toolbox':, Monthly e-mails containing information on new laws, best practices and other important information on this ever-changing arena - on-Site and Web-Based Training for Managers and Supervisors Unemployment Insurance Claims Management Alliant are focused experts for our municipality clients. We have all of the services and programs available to assist the City of Kent with its day-to-day challenges. 1 1 j a 58 milant City of Kent a Request for Proposal flCl~Pd P Liability Insurance Brokerage Services ®. Innovation Describe some recent examples of innovation or risk management programs your firm has offered to clients. Alliant prides itself on its innovative and creative approaches to solving its clients' issues and problems. Our response to premium and coverage concerns has been to concentrate our clients' buying power into highly competitive, comprehensive programs using mass marketing techniques. While City of Kent will "stand on its own" on your major lines of coverage, some of your coverages with less premium will likely benefit from this approach. Examples are the Fiduciary Liability and Crime Coverage. However, whether the City is marketed on its own or if we utilize a program approach, Alliant's presence in the public sector marketplace will bring you market leverage and clout. Because we place over a billion dollars of public sector premium, we are recognized as the premier broker when it comes to public entity business. Some of the innovative risk management programs that we have offered our clients are: ® Public Entity Property Insurance Program (PEPIP): This is the largest property program in the world with over $320 billion in values. The success of this program comes from its comprehensive, tailored coverage for public entities and its extremely competitive price structure. ® Alliant National Municipal Liability Program (ANML): This Excess Liability program provides broad coverage terms with some of the industry's most stable, competitive insurance markets. Alliant understands that our programs are not for every client. However, by concentrating the buying power of our major public sector clients, we will bring the City of Kent a new market segment that you have not had access to in the past. Another major innovation that Alliant Insurance Service has brought to our municipal clients is the use of Risk Purchasing Groups (RCW 48.92) that allows for the group purchase of liability coverages without the restrictions of an insurance pool. Alliant has used this mechanism in both Washington (Ports) and Alaska (Cities and School Districts) with stunning results. For example, the Port's j Liability premiums have been reduced by 49% over the last six years. Alliant believes in actively marketing all of our clients each year. As an integral piece of this activity we always look for innovative, creative ways to enhance your coverage and reduce premiums. 1 f�- ,p 59 City of Kent Request for proposal KENT liability Insurance Brokerage Services E. Special Qualities Provide any additional information you feel would demonstrate your firm's capability and interest in V✓orking with the City of KenYs risk management and insurance program. There are four critical factors that differentiate Alliant from our competitors. 1. Experience We know public entities. Alliant currently provides brokerage services and consulting services to our 7,000 public entities. Public entity is not a sideline for us' Our focus on the public sector is unique in the industry. 2. Our Philosophy 0 Service Focused— Stemming from 400% employee ownership of the company 0 Client Focused — Our flat management structure enables us to place key resources at the client level rather than at the corporate level 0 public Entity Focused —The industry segment represents 38% of the company revenue and is the largest client segment of the company 0 Growth Focused —We are an ambitious company that realizes growth is achieved through a commitment to our current clients and the ability to bring innovative solutions to the industries where we specialize 0 Utilizing Key Resources —we are not bound by geography and all team members, regardless of specialty, work in the same financial unit removing any barriers to collaborative work 0 Alliant fully understands the complexities and nuances of designing and implementing effective, viable insurance and self- insurance programs on behalf of our clients. Indeed, this process affords the first measure of our capability as a broker, and we relish our recognition with the insurance community as being: 0 Aggressive — Securing broad coverage and capacity at competitive premiums 0 Innovative — Developing new insurance markets and new programs based upon our specialized expertise 0 Committed — Developing and implementing many of our programs only after several years of effort, a long-range perspective that many of our peers cannot or do not maintain 60 /'ant City of Kent o Request for Proposal KIEAIY Liability Insurance Brokerage Services • Analytical — Being able to review and understand our clients' operations and exposures and to develop appropriate strategies to manage risk before presentation to only appropriate responsive insurers. 3. Our People ' Alliant has over 300 senior employees that focus on just public agencies. Your Seattle Service Team is a good example of the depth and experience with Public Entities. Deborah Bvvee, CPCU, ARM 30(+) Years Industry Experience Has handled or currently handles: • Port of Tacoma • King County • Kitsap County • Pacific Northwest Port Association • Golden Gate Bridge District Thomas Long, CPCU, ARM 30(+) Years Industry Experience Market expert: • King County • Kitsap County ® Alaska Public Entity Insurance Pool • City of Ketchikan • City & Borough of Juneau • Ketchikan Gateway Borough (including Ferries) Brian White 10(+) Years Industry Experience Currently handles: • Port of Seattle • Golden Gate Bridge District (Property) • North County Transit District • Bay Cities Joint Powers Insurance Authority • City of Pleasanton ,F A City of Kent Bequest for Proposal KENT Liability Insurance Brokerage Services 4. Accessibility Alliant Insurance Services will be very accessible to the City of Kent. Our office is located in Seattle. We believe in the Team approach to our major accounts. We have assigned three senior Account Executives to your account: Deb Bovee, Tom Long and Brian White. All three will be intimately familiar with your account and the current issues/projects that are being undertaken on your behalf. At least one of them will be available at all times to answer questions and provide you with the support that a complex account like the City of Kent requires. fIn addition to Tom, Deb and Brian, there is a senior support staff that will also understand your account and be available to answer questions. 1 Renee Judge, Unit Manager, will be the lead and she will be supported by Conni Scott. All of our Account Service Team members have e-mail, cell phones and high degree of accessibility. All of these factors make Alliant the best choice as the City of Kent's Liability broker. 6z l���nt City of Kent s Request for Proposat - " ffLEAI Y Liability Insurance Brokerage Services F. Fee Structure Provide your fee structure covering each year for the next three-year period in consideration of the scope of services as outlined above in the SCOPE OF SERVICES. Please include your estimate of the total hours your firm expects to spend annually to service the City of Kent. Alliant Insurance Services is proposing a flat fee for all services outlined in the "Areas of Service" in the RFP. This fee for all liability services, including fidelity and bonds, will be guaranteed for three years. It would be $35,000 annually and it would contemplate 250 to 300 hours of service per year. We would like the opportunity to be considered as the broker for the City of Kent's other lines of insurance coverage. We would anticipate proposing a separate fee for those lines and any special projects that you would like us to undertake. For special projects, we could either use an hourly rate of$150 per hour or work on a commission basis. Any special projects would be approved by the City prior to Alliant commencing work. 1 t t F 63 & tlfia t City of Kent Request for Proposal KENT Liability Insurance Brokerage Services 111. Appendix A. Open Items Last B. Sample loss Control Report: Review of Risk Management and Loss Control Practices 1 1 :+SvnE.t.,. 64 /�1� � � \ @ � @ . � E c g § E E 5 0rL 0 0 0 o 0 o t a CD a Cm � = / 2 \ 7 \ \ / \ \ ca _ E ® Ems ) Ea = E / c o e o Rcc Ra o + = LU 0 0 0 CD 0 3 S S S W; G G CD R @ 0)_ / \\ mi CL IL � ~ / \ \ . k; o / » » « a a / k k 2 2 $ .ui c t / \ _ ƒ m ° ® @ U. { \ � 2 6 E k \ j \ \ m \ / ± ± 2 $ I E = y a C e 2 ) d 2 G a a 2 t y / % t t y 7 § 2 »\ 2 T 2 < m < e O s < < 2 \ / \ \ § 5 \ \ c 2 \ 0 / g e E » © E E 0 -0 -0-0 g a \ o � = j \ / < 6 _ o $ E -0% � / 5 « \ � k \ } � \ CL 0 / e t � 5 su = > 2 > $ c 2 / \ ¥ Lnr C2o < u 2 � ALLIANT INSURANCE SERVICES. INC REVIEW OF RISK MANAGEMENT AND LOSS CONTROL (PRACTICES City of Kent milant 1 1 Alliant Insurance Services, Inc • 720 Olive Way•Suite 1700 • Seattle, WA 98101 (206) 962-2000 Phone • (206) 962-2048 Fax° risk management@alllantinsurance com 1 � l CVO ik{" T�? ,{s y<,.C-� 1:� r J{1,W Lv f r2'1.. �{,�,fir � x.,,, ^��"•^..d�'!f �r.+1 �:l k k. �` w+Y'g� a*`�y�`'�� ,»e u^ t'i 'c,.✓n � n SY �r `.�r''i 3i+ zr•F�+ >+kat=� 7K� ''^�+:.�"ix"+: �Yzs�„1Fh'"C k�..,�rA rsx'�„'o�' �`V�,i�:Y;�„�`�L�sr�:� :Q' '� . t`i-m xr I�.'�h 1`�°Y�',I i r5• �'rKA f y'r rit a ,� v ,,}3N�` :. � '+ '. rrr 1_' s `X"sy(ARAM k. y ( sy � *a�c r�� �4 .-r �t��� Y,f' sue... Ni>•.;- a Sr v i � �� �"�' -�-,"d �J"4' !� NIXrFa E z l �/�► ^3 fe s`�w�•w.c �� w � E, r .z",'3?3ur +,.,c�d b��:..�*rF_..�'�^�f-• �� r'N � sM � � L §x4^0 Av"ty.�. r "�.Y �+ ��., Sn rr ra rS✓y4T+1k^2Vre CbxL �� �'. ♦Sa'+l�r�µ�L�'w�?r -� Y+'�^rta `+ r "'Y,�S�� .\y.i ��>• �Q,2'�>r�1 s� . r,s. if .rp .• ycei�`�ds� =��'-." $ F1'Vf��.f� "F• rC ': �^S u�14��xay u' ,—. F e - ^r�� 41aev.�' -ham e` t , �. '�'�r�s y r.� 3' iv,4,'1.��N/ �'_,�`f.�i(r,��S•0 2,r Y �-,�{. '�y��,�y'y_uj o�?�.'r4-r5.�i "`� 5X�� `''I�e'c.c-`'2 J �v' � :Yx`.� yr w f pyy k a,"•�4), x`+,rra 1 v, if tj ?J7y eytyh r`r Ste,•—i si�'i r�Fl�i`SYp'riyy K.0 ��r { � 7 +.Y7. t r -ijgp Supplemental Proposal Support Materials TABLE OF CONTENTS TITLE PAGE Risk Management Assessment fools 3 Sample Best Practices for Municipal Risk Management 4-9 Sample Action Plan 10-11 Risk Management Committee Charter 12-14 Sample Municipal Risk Management Checklists and Fact Sheets (Demonstrating our experience and expertise working with 15 municipalities) Playground Risk Factor Evaluation 16-17 Playground Safety Checklist Municipal 18 Warning Signage for Accessible Ponds and Lakes 19 t 1 a I 1 RISK MANAGEMENT ASSESSMENT TOOLS 1 1 1 1 1 1 Page 3 ■ Operational Best Practices for Municipalities Background Many of our municipal clients have limited resources and labor and have asked Alliant Risk Management Services (ARMS) what specific Best Practices they should adopt that will address and help reduce the severity and frequency for property and casualty claims or loss incidents. Based on our experience with more than 200 cities and county clients nationwide and a review of hundreds of claims we have condensed what operational areas municipalities should focus their efforts on for the greatest return on invested resources. This document is based on our combined team's experience, consulting project work, and root cause investigations for municipalities nationwide. Best Practices Recommendations ARMS has developed a set of recommended risk management policies and procedures for our municipality clients. We continue to monitor and revise the recommendations based on claims experience, changes in exposures and liability, and the best practices of our clients. The focus of the recommendations is on those areas that lead to more than 80% of all claims. The areas currently addressed by policies include: ® Vehicle Use and Operations Sewer Loss Prevention and Maintenance ® Polic a Operations ® Fire Operations ® Sidewalk Maintenance ® Urban Forest Management ® Facilities Maintenance and Hazard Identification ® Contractor Selection and Control ® Road Maintenance Contractual Risk Transfer I ® Playground Safety Claim Reporting and Follow Up ® ADA Compliance and Transition Plan ® Aquatics Programs Special Events 1 The best practices recommended in each of the above categories are listed on the following pages. Municipal clients are encouraged to request specific policies and procedures referenced in the best practices from your ARMS consultant, as needed. If the municipal client currently has a policy or practice that meets or exceeds the recommendations they are encouraged to share them for review and feedback from the Alliant risk management team. Contact your ARMS consultant for more information- riskmanagement@alliantinsurance.com page 4 Operational Best Practices for Municipalities Vehicle Use and Operations City has adopted a comprehensive fleet management program to include driver training (defensive driver training), driver screeninq and selection, vehicle use, non-owned vehicle use, and vehicle maintenance. Driver Selection and Training Measures There is a written program in place that is actively utilized as the basis for driver selection and screening of employees and prospective employees for driving related duties. There is evidence that employees with negative Motor Vehicle Records(MVR) activity as defined by the written municipal best practice standards are provided personnel counseling, training, rehabilitation, and/or removed from driving responsibilities depending on the nature and seriousness of the activity on their MVR or observed driving behavior. All employees who drive any vehicle on Agency business are enrolled in the Department of Motor Vehicles Pull Notice Program and MVRs are reviewed to prevent negligent retention Note Release required for drivers whose license does not require participation in the PULL program Vehicle Maintenance Measures Vehicles and records are maintained to meet standards and warranties relevant to the vehicles or equipment and to help defend negligence claims. Vehicle Operations Measures The City has adopted a vehicle use policy that includes a "distracted driver" policy covering the use of cell phones and other potential in-car distractions. All vehicle accident investigabons reflect any "distracted driver" implication as part of the root cause analysis Sidewalk Inspection and Maintenance City has adopted a sidewalk/walkway inspection, maintenance, and complaint response plan. Measures There is an effective, written City-specific procedure in place to minimize sidewalk defects such as raised offsets, tilts or steep cross slopes, sunken sections, spalling, improper repairs to surround structures such as drains, and offsets between public and private sidewalks The City has passed an ordinance stating the abutting property owner is responsible for maintaining the sidewalk and is liable for injuries to the public for failure to maintain, or the Council has considered and declined to pass such an ordinance The City has a written process in place to notice property owners to repair sidewalks, as allowed by the Streets & Highways Code, or has a program to repair sidewalks themselves. The City has a follow up procedure to ensure defects have been addressed by marking, barricading, etc. within reasonable periods The City has a follow up procedure to ensure defects have been mitigated by the property owner or other responsible party within a reasonable period Photographs are taken and maintained in Public Works to visually record action taken to guard against contact by the public with a hazardous sidewalk site This will aid in defense against allegations of inaction by the City Urban Forest Management(Trees and Vegetation) The City has a written urban forest management plan, which includes selection and placement of trees and provides for identification and mitigation of tree/shrub/vegetation related hazards The City has an ordinance outlining the rights and responsibilities of tree owners Measures The City has passed an ordinance describing its ownership or control of trees in its jurisdiction and the responsibility of property owners to maintain their trees so as not to interfere with public safety or convenience Failure to do so may result inaction by the City and/or liability for the owner for any damages There is a written process to select, situate, and maintain trees to minimize hazards, hardscape damage, and maintenance costs Urban forest management is under the control and supervision of persons who have the necessary professional credentials and expertise to qualify as an urban forester or arbonst. A written plan is in place and documented to provide for methodical, periodic inspection, care, maintenance, and complaint/emergency response for trees and other vegetation Urban forest management plan inspection and monitoring frequency is prioritized by degree of exposure of the public to vegetation hazards (i e obscured intersections, parks, playgrounds) This includes weed abatement and other fire hazards page 5 .-Operational Best Practices for Municipalities Sewer Loss Prevention and Management The City has an ordinance requiring backflow prevention devices that at a minimum meet the most current plumbing code The City maintains a written program for risk assessment and review, regular inspection, preventive maintenance, and emergency response for its sanitaEy sewers stem Measures An ordinance is in place that meets or exceeds current plumbing code requirements for backflow devices Council meeting minutes reflect recommendations and cost justification by staff for adoption of an ordinance requiring backflow devices when events not addressed by the code occur, such as when a property owner suffers a loss, remodels, or sells the property Key personnel have been trained to interact with property owners when responding to reports of sewer backup Traini29 topic outline and document tem fates are available for review A written sewer inspection and maintenance procedure is in place and adherence to the procedure is documented.The protocols include identification and attention to"high frequency or impact areas" of the s stem rp 'rfr�nic � ° �PVS(�,yy�esNrasi 'ia ; V^" w {�' e s s$psrin fan"� 1t©t� eyae. rgre ' (��1 -��`�'G�,Y}y�- �}r�,y�v'+'tc�wG�y A }��`^N'���'�•i."3,`�i' /'�"'..-t�' rs�io5 •i' .B, a�t,�}7r�������.si��0-c�,r%�.4rt., _r�5;;:R't� K�1`�4*.'`.Zr �� e`��~,y.�i #_,•'.y.�,Srx,S,,.^S.`M',.era�a,"�e5-"-vr%,` e^es.�k"r...r.Y.,,a �r`.'ra�* J � .'AN Hry�^.'.0 [ �-'.4.`)SA S•i'w Yi'-l.l• nu�T Measures City written General Orders (GO's) or guidelines reflect dates indicating reviews and updates Key policies are reviewed annual! The City uses a legal liability service or other qualified consultant for updated policy and procedure notification and advice City departments have adopted a"force options"approach to policing Training records reflect this philosophy Code 3 driving standards are in place which reflect current legal liability and professional standards that minimize risk to others sharing roads with emergency vehicles City departments comply with all State-mandated peace officer training requirements, including refresher training for perishable skills, and training to General Orders is documented Digital audio-visual technology in patrol vehicles, and digital audio recorders on person, are used to provide defense a ainst alle ed oiice misconduct claims. .rtM. :b } F. `uz;;(y;i-;wn•., >_, .i y , 4... 3'%(r•` .^ZS �;.ut v �t�, � .. a4�,,n���`,'', ,�e=i x�� rv2+���� �,a�� F �i� a1l��et7Q�t,i4 ;�;,�izo�• .� +� 2 "7 , .� •�vhr.'l..�� ^�. _,' 'orPC<:fiT�n�l.4-�Ga�"' %,a,:.a a�i=`L r7y:"5'�yyJa`S`.-At'�;f`aN�_'SA '�4S��hz7 s1rl.'=n�i'+�5b��+kar..�:r�r- an- i 'ems,:' z�i�r a'a � Measures The department has a written policy clearly defining if and how emergency response (Code 3) driving is permitted and executed The department has equipment, procedures, and training in place to address equipment/gear that may not be enclosed or secure and may fall from the apparatus Dispatch has either been transferred to another agency or detailed training, data and communication mana ement, and technoloqy are used to prevent dispatch error Facilities Maintenance and Hazard identification City owned andlor operated facilities, including those for which,oint use agreements are in place, present risk exposures to users and neighboring facilities A process for scheduled, documented inspection of City buildings and other facilities should be in place Measures Checklists or other tools used to document inspections are available for review. Action items are prioritized and are assigned for correction with a due date for completion. Completion date is recorded. All new or newly acquired facilities have a documented risk assessment review for structural and operational risk Buildings that have not been determined to be adequately protected against natural disaster or fire are not used for public gatherings and classes nor leased to others page 6 i Operational Best Practices for Municipalities Playground Safety City playgrounds must be designed, inspected, and maintained in compliance with the State of California requirements,which are described in The Handbook for Public Playground Safety and ASTM F187-95, Measures _ A current playground equipment inventory exists for each playground An annual playground audit is available for review and reflects equipment as stated in the inventory The audit is conducted either by a Certified Playground Safety Inspector(CPSI) or personnel trained by a CPSI Documented monthly inspections and repair records are available for review Inspections are conducted and signed off by a CPSI or staff who was trained and overseen by a CPSI Depending on frequency and intensity of use, weekly and/or daily inspection checklists are available for audit For playgrounds that do not comply with accessibility requirements under the Americans with Disabilities Act (ADA), an action plan with time tables to bring the site into compliance is available for review Contractor Selection and Control Additional selection and evaluation criteria are used along with"low bidder" to ensure safe, cost effective, completion of City projects for large projects. Measures City has contractor selection criteria that includes reference and site checks, interviews, insurance loss history, L&I citation history, and license verification for general and all subcontractors. The contractor has a safety program (IIPP) in place. The contractor has site protection, traffic control, trained workplace safety zone specialists, inspection, and debris removal plan(s) in place (as appropriate) Contracts are reviewed for safety plans, staffing, oversight, and accountability City has documented planning, oversight, and quality control meetings with contractor. Road Maintenance City has a systematic process in place for inspection, maintenance, repair and emergency response for roadways Measures The City Council and/or City Engineer signs off on all road site protection plans to preserve governmental immunity City has on staff or access to a State-DOT trained work zone safety specialist to over see and approve all work zones To enhance the City's ability to defend claims, protection of work sites should be documented in photographs to illustrate protection provided to ensure drivers/pedestrians/cyclists do not come in contact with hazardous conditions Contract language is signed by contractors accepting responsibility for the clean up and debris removal from work sites to reduce the potential for damage to vehicles or cyclist City has adopted a minimum Pavement Maintenance Index to serve as the standard to which road surfacing is to be maintained. Example. PMI=7D Contractual Risk Transfer All contracts to which the City is involved are part of the risk management review process Contracts should have appropriate hold harmless provisions and insurance requirements. Measures A contract review process is in place to provide for consistent contract administration and oversight Contracts contain appropriate hold harmless clauses and insurance requirements All contracts are reviewed and approved by legal counsel to ensure that the City is adequately protected and risk is transferred,or shared as intended Contract administrator obtains required insurance documentation prior to work commencing page 7 Operational Best Practices for Munici alitles Claim Reporting and Follow Up Successful claim resolution is ensured by good communications among claimant, City, and adjuster with immediate reRorting of claims Measures City has assigned a claims liaison to facilitate flow of information to and from the City needed to evaluate and resolve claims Designees from each City City are identified and trained to provide claimants with information and address their needs without inappropriately increasing the liability of the City.. All claims are reported promptly to the city for payment or rejection as appropriate Property damage claims not exceeding 10% of the City's deductible may be paid directly by the City, and those claims are also reported to the city, to maintain an accurate record of claim frequency and severity and to provide trondinq information ,AD.4 Compliance and�Transition,PCar%s _a "'� r,;;T; _": ;"=;',,, '-E:=;r• _ nil _^(.` . `. {.`. l w r_x F.., r�. i�Y"_,: • :`J.«, �T1i'e't�ongressio�al,passageYnf�fh'e''}�:r'iie'r"iGans wth'DisaEiilities lacf:(ADA)i;vwi�i�N;became;effe��i�ein;,1992;°Y'�- `dic#`a�es5equa�-acuss;to'pu�ticbuildingsancl'faclkities;;alorigwithtiiring,arid„ofhenEEOC;enfoF�e'd?' �, ;�-����; .ts ;4'.,.,Zn ,o-,. �, - - ✓ r , r , . 1 r .. _ �`,^2Lti-_.�� _ __ �,3ii�G, yar Measures Cit s have an ADA transition elan in place Documentation verifies action taken on transition Plan items Five-year budget and development plans reflect budgeting.for ADA compliance ro ects. Alternative procedures are in place to provide access for disabled persons to buildings and facilities until full structural access is achieved Aquatics Programs Th'e,program measures below are not a comprehensive list of all the important practices,which should be ,iri,place td helpehsure a well-managed and safe aquatics operation However•these measures are good measures to use In the self-evaluation process They will assist in ensuring that a City-managed aquatics o ',`ration in the most hi h1 recommended mana emerit to All staff responsible for facility operations and swimmer/participant safety are certified by a recognized agency and have received site-specific training with clear assignment of responsibilities This includes validated, current certifications, required training in pool and/or concession operations, equipment, safety; security, and emergency response, including use of oxygen delivery and use of automated external defibrillators if available At lease one facility staffer is certified as a Lifeguard Manager, or has attended educational sessions on Lifeguard Management and has ex enence m supernsion Facility has all recommended rescue equipment, communication devices, posted warnings, information, and instruction si na e resent and in operable condition Equipment such as diving boards, slides, blobs, and other play equipment are correctly installed for water depth, weight, and use requirements as recommended by the YMCA or other recognized standards Documented inspections of this equipment are performed daily. Lifeguard rotations are no longer than 20-30 minutes with change of body position every 5-10 minutes. Dedicated supervision is provided forspecial equipment such as slides. Starting Platforms are only in place for competitions, and are only used under close supervision by participants that have been properly educated in their use "No diving" is marked clearly on the pool deck in all areas that have less than 5 feet of water depth Diving instruction should not take place in less than 9 feet of water A Lifeguard on.duty supervises all programs and rentals Daily pool maintenance and water quality logs are on site and kept up to date. page 8 Operational Best Practices for Municipalities Special Events & Facility Rentals The program measures below are not a comprehensive list of all the important practices which should be in place to help ensure an incident-free, well-managed and successful special event. However these measures are good measures to use in the self evaluation process. They will help ensure the planning and execution of a City-sponsored event or facility rental includes the most highly-recommended management controls. Contractual Risk Transfer and Contractor Selection and Management Best Practices are followed when issuing permits for an event, renting out a facility, or in hiring or screening contractors for the event If the permittee, renter, or contractor does not have insurance coverage as referenced in the Contractual Risk Transfer best practices, Special Events Insurance, including liquor liability coverage for anyone serving alcohol, is obtained by the sponsor and/or required by all participating organizations Any organization serving alcohol must be properly licensed, have properly trained servers, and control quantities Security is provided for any event with alcohol For outdoor events, a pre-event safety audit and inspection of site, permanent and temporary structures, lighting, communications, accessibility, emergency plans, traffic and crowd control are conducted and documented Unless provided by an independent contractor, shuttle and parking services are provided by employees who meet the recommended written Driver Selection and Training Best Practices, in vehicles which meet applicable safety standards i 1 i t Page 9 &Affiant City/Town of Annual Risk Management Action Flan Program Year 1. Using dat a from your Frequency and Severity Trending Worksheet, identify the 5 most frequently oc curring and 5 most severe types of general liability cl aims occurring for the last 5 years, i.e. 7/1/00 to 71 1/05. Create additional justifiable risk exposure action plans as needed. Top 5 GL claims Top 5 GL claim types Top 5 priorities to address based on cost by frequency by cost and frequency 2. 2. 2. 3. 3. 3. 4 4. 4• 5. 5. 5. Additional Risk Exposures page 10 Alliant Insurance Services, Inc. •720 Olive Way• Suite 1700. Seattle.WA 98101 PHONE (206) 962-2000-FAX(206) 962-2048•mvw alliantinsurance corn milant 2. Establish action plan for each of the top 5 prio rity risk exposures. Include measurable action items, and define who is accountable or responsible, and establish target dates for update or completion. Top 5 priorities Action needed to to address based reduce or eliminate Person Target date for on cost and exposure and/or responsible update or frequency related costs completion 1. 1 2. 3. 4. 5. Additional Risk Ex osures 1 page 11 Ailiant Insurance Services, Inc •720 Olive Way-Suite 1700•Seattle,WA 98101 PHONE (206)962-2000• FAX (206)962-2048•www aliiantinsurance corn ffiant . Risk Management Committee Chanter 1. Purpose The Risk Management Co mmittee (RMC) provides oversight and coordination for the C ity's safety and risk management programs. These programs Include, but are not limit ed to, employee safety and health, workers compensation, general liabili ty, property, vehicle, and financia I risk management. Its members provide data, informati on, and analysis of the City's actual and potential risk expos ures to its departments and Council. ' This Information provides the basis for alloca tion of resources, risk control and mitigation, and adherence to the City's Risk Management Policy. 2. Membership a The committee is chaired by the designated Risk Manager. b. Permanent members include, i. Department heads ii. City Manager ili. Finance Director iv, Chair of City Safety Committee (if separate) c. Other participants may include those with needed technical expertise. Note If this committee is com bined with the Safety Committee, membersh ip shoul d include representatives from employee labor groups 3 Meeting Frequency The Risk Management Committee meets bi-annually or on an emergency basis. (If c ombined with Safety Committee, it must meet quarterly to comply with the City's IIPP requireme nts ) The sc hedule for these m eetings should allow for risk management goals and action plans to be addressed in the City's annual budgeting and Capital Improvement Program (CIP) process. 4. Role and Function of the Committee a. Trend analysis and monitoring of data relating to accidents and claims.2 b. Review claims made against the Cit y and their costs to identify major cost areas and prioritize action plans. The inclusion of the City Council in this instance is optional 2 Alliant insurance Services can provide a Management Data Report twice yearly to assist this process. Workers' Compensation insurers, TPAs or JPAs may provide similar information for employee injuries Internal logs and records should be used as well. page 12 Alliant Insurance Services, Inc. •720 Olive Way• Suite 1700•Seattle,WA 98101 PHONE(206) 962-2000• FAX (206) 962-2048•www.aiiiantinsurance,com A III c. Identify and evaluate ri sk exposures including financial, infrastructure, safety and health of employees and t he public, vehicle operations, and other areas of concern. d. Evaluate and recommend risk mitigation and control strategies. e, Review risk financing options. f. Ensure risk management programs are effective and support the City's Risk Management Policy. g. Review inspection programs, findings, and safety and health issues submitted by employees, safety committees, and c itizen groups which have City-wide implications h. Evaluate proposed programs, events, and major equipment purchases to determine if they expos e the City to unacceptable levels of risk, or recommend ways to minimize their risks.3 i. Review and ensure the quality of accident investigations performed by departments. j. Develop and maintain a protoc of for communicating information following a serious safety or health incident to Council, employees, and the public. This should include interaction with media representatives. 5. Committee Deliverables a. Meeting Minutes b. Prioritized Action Plans based on trends or potential exposures c. Recommendations to persons/groups of authority regarding safety and risk issues which may require policy change d. Records of follow up and action plan completions 6. Authority a., The Risk Management Committee has the authority, with the approval of the City Manager and Finance Director, to authorize action pia ns to address significant trends or risk exposures wh ich could negatively impact the City. Negative impact s may include human suffering, financial, cultural, or political losses; and interference with the City's ability to perform the necessary functions of local government. 7. Committee Performance Measures a. The RMC maintains a current list of five to ten significant risk exposures, which are prioritized according to potential impact on the City. b. The RMC develops action plans annually to address the City's most frequent and/or severe claim types. These may include, but not be limited to, workers compensation, liability, vehicles, or property damage. 3 The Risk Evaluation tool in the Alliant Municipal RM Manual may assist in the evaluation process Alternatively, Aliiant's Loss Control Consultants can provide a written Risk Management Program Assessment page 13 Alliant Insurance Services, Inc.•720 Olive Way• Suite 1700• Seattle,WA 98101 PHONE (206) 962-2000• FAX(206) 962-2048 •www alUantinsurance corn AAWbant c. Meeting minutes reflect the status of action plans, active follow-ups, and steps to Implement plans. d. Risk exposure identification and action plan summaries are provided to all employees and suggestions for mitigation considered. j page 14 Alliant Insurance Services, Inc •720 Olive Way•Suite 1700• Seattle,WA 98101 PHONE(206) 962-2000• FAX (206)962-2048•www aQianbnsurance corn SAMPLEIIL RISK MANAGEMENT CHECKLISTS CT SHEETS 1 I l � page 15 li i Your City Playground inspection Miliant Park/Playground Location Inspected By Risk Factor Evaluation LOCATION: YES NO SUPERVISION 1. Adults present when children are on equipment 2. Children can be easily viewed when on equipment 3. Children can be viewed In crawl spaces 4. Rules posted regarding expected behavior AGE-APPROPRIATE DESIGN 1. Playgrounds have separate areas for ages 2-5 and 5-12 2. Signage Indicating age group for equipment provided 3. Platforms allow change of direction to get on/off structure 4. Platforms have appropriate guardrails 5. Equipment design prevents climbing outside the structure 6. Supporting structure prevents climbing on It FALL SURFACING 1. Appropriate surfacing provided 2. Six foot use zone has appropriate surface 3. Appropriate depth of loose fill provided 4. Concrete footings are covered 5. Surface Is free of foreign objects EQUIPMENT MAINTENANCE 1. Equipment is free of broken parts 2. Equipment is free of missing parts 3. Equipment is free of protruding bolts 4. Equipment is free of noticeable gaps 5, Equipment Is free of head entrapments 6 Equipment is free of rust 7. Equipment Is free of splinters S. Equipment is free of cracks/holes page 16 Alliant Insurance Services, Inc •720 Olive Way•Suite 1700• Seattle,WA 98101 PHONE (206)962-2000• FAX (206)962-2048•www alliantmsurance corn P A41 ant Scoring: For every YES, your playground receives one point. Add up the number of points for each section. Supervision Age-Appropriate Design Fall Surfacing Equipment Maintenance TOTAL 20-23 = A Congratulations on having a SAFE playground. Make sure you maintain this level of excellence. 16-19 = B Your playground is on its way to providing a SAFE environment for children. Work on the areas checked NO. 12-15 = C Your playground has potential for being hazardous for children. Take corrective measures. 8-11 = D Children are at risk on this playground. Start today and make improvements. 7 and Do not allow children on this playground. Bellow I t I page 17 Ailiant Insurance Services, Inc.- 720 Olive Way- Suite 1700•Seattle, WA 98101 PHONE(206)962-2000• FAX(206) 962-2048 -www alli anti nsurance corn &AIRant Playground Safety Checklist Playground Name/Location Date: Person Completing Inspection: 73 1. Pootin s are not ex osed,cracked,or loose 2 Clam Es show no si s of sh a ,cracking,or failure Clarng drive screws and/or bolts are secure 4 Welds are intact and free of cracks on: a Slide and deck enclosures b Challenge ladders c. Swing,ring, trek, and ti:ack ride cross beams d Arch, curl ,and i e climbers e 14ounaria blocks 5 No rust or corrosion evident 6 No splintered, cracked,or otherwise deteriorated wood (pay special attention to areas where chains or rails thread through the wood 7 No scratched, chi geed,or geelind 2arnt 8 Metal parts show no visible cracks, bending,warping, or breaka e 9 No broken or missing arts e. . bolts, nuts,screws,etc to All bolts,nuts, screws, etc are ti lit 11. All joints are secure (pay special attention to sectional slides, pipe climbers, and cha e ladders 12 Swivels,bearings,and grease fittings are Iubricated and not worn (EaX s ecial attention to tyre swan s,belt swm s,etc. 14 No sharp edges or unsafe protrusions (check metal corners, bolts, etc —max thread 2rotrusion is 1/8" 15. No ex osed components creating inch or crush omts 1 Plastic is not cut or cracked 2. All slide su orts/anchors are intact and secure 3 All "S" hooks are closed and not excessively worn 1 1 Surface material is not scattered off or excessively worn (pay s ecial attention to areas at the end of slides and under swings) 2 Surface material is at least 12" dee 3 A clear use area of at least 72" is ke t around all e ui went page 18 Alriant Insurance Services, Inc •720 Olive Way• Suite 1700•Seattle,WA 98101 PHONE(206) 962-2000•FAX(206) 962-2048•www.alliantinsurance com Mikant Warning Signage for Accessible Ponds and Lakes A pond or lake is defined as a body of water that is more than 12 inches deep and at least 10 feet across at its widest points A pond or lake is accessible when it does not have a continuous surrounding barrier within 50 feet of its shoreline (that is higher than four feet with no openings wider than 2 feet) Although accessible ponds and lakes can be attractive spots for activities such as boating, fishing, and swimming, they present a-variety of hazards To minimize the hazards associated with ponds and lakes, well- maintained warning signage should be posted Placement Place warning signs on all sides of the pond and at any openings leading to the pond. Since sign placement will vary according to the pond's layout and terrain, it may be acceptable to separate warning signs up to 100-500 feet from each other, as long as each opening to the lake or pond has a visible warning sign Warning signs may be posted either in the pond or on the shore Ensure that warning signs are visible from the shore of the pond and that are no obstructions (e.g, trees, bushes) blocking any part of them For ponds located on golf courses, warning signs may be posted at the main entrance to the golf course instead of at each pond therein Construction Warning signs, including their graphics, must be made of a weather-resistant material such as metal, pressure-treated wood, plastic, or other approved material Warning signs may use universal symbols for prohibited activities Warning signs must be securely fastened to the ground. Suggested warning messages: v WARNING ® No swimming or boating ® Pond or Lake not monitored for hazardous conditions ' Size Warning signs must be at least 12 inches high and 18 inches wide Lettering on warning signs must be at least 1 5 inches high with any graphics visible by a person with normal vision from 50 feet away. Maintenance Warning signs must be regularly maintained to ensure that they are still visible and in good condition The person who owns or controls land that includes an accessible pond or lake is responsible for this maintenance This khans Loss Conlr of Set vices fact sheet is not intended to be exhaustive The discussion and best practices suggested herein should not be regarded as legal advice Readers should pursite legal counsel or contact then uvswance powders to gam rnor e detailed and exhaustive advice page 19 Alliant Insurance Services, Inc. m 720 Olive Way® Suite 1700 m Seattle, WA 98101 PHONE (206) 962-2000 m FAX(206) 962-2049 a www alhantinsurance com EXHIBIT B INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. Insurance The Broker shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Broker, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Broker shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Broker's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability (Errors & Omissions) insurance appropriate to the Broker's profession. B. Minimum Amounts of Insurance Broker shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $15,000,000 each occurrence, $15,000,000 general Exhibit B- Insurance Requirements PROFESSIONAL SERVICES AGREEMENT- 12 aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Professional Liability (Errors & Omissions) insurance shall be written with limits no less than $15,000,000 per claim and $15,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Broker's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Broker's insurance and shall not contribute with it. 2. The Broker's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Broker and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Broker's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.NI. Best rating of not less than A:VII. E. Verification of Coverage Broker shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Broker before commencement of the work. F. Subcontractors Broker shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Broker. Exhibit - Insurance Requirements PROFESSIONAL SERVICES AGREEMENT- 13 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar — 6D 1. SUBJECT: MICROSOFT ENTERPRISE SOFTWARE AGREEMENT ANNUAL RENEWAL — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign a purchase order for $241,169.97 to the Washington State Department of Information Services, for the 2010 renewal and true-up of the Microsoft Enterprise Software Agreement. The City has a number of Microsoft software products deployed throughout our desktop computers, mobile data computers, and servers In June of 2008, the City entered into a 3 year Enterprise License Agreement with Microsoft This agreement entailed 3 annual payments, totaling an estimated dollar amount of $649,626 53. In June, 2009, as part of our annual "True-Up" Information Technology's audit of installed desktop systems actually in use, an additional 66 licenses were added to the count with Microsoft This count increased our annual installment for 2009 by almost $56,000. This year, though our installed number of desktops has decreased below the levels licensed in 2008 and 2009, by the terms of the agreement, we are obligated to relicense 916 desktops This year, in addition to relicensing our previously licensed desktop and server products, we are adding additional licenses for database servers to the agreement. These servers have been added as part of upgrades and new project implementations over the past year. The additional costs of licensing are budgeted within capital project budgets in the IT Department. While the City has the option to license these database servers exclusively through other Microsoft licensing plans, the pricing models presented under the Enterprise Agreement are more attractive than "one-off' pricing available through standard channels. 3. EXHIBITS: Memo to Operations 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No i6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: 105 INFORMATION TECHNOLOGY Paul Dunn, Technical Services Manager Phone 253-856-4600 . K E T Fax 253-856-4700 W n s N N o r o N Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: July 6, 2010 TO: Kent City Council Operations Committee FROM: Paul Dunn, Technical Services Manager SUBJECT: Microsoft Enterprise Software Agreement Annual Renewal MOTION: Move to recommend that council authorize the Mayor to sign a purchase order for $241,169.97 to the Washington State Department of Information Services, the reselling agent of Microsoft, for the 2010 renewal and true-up of the Microsoft Enterprise Software Agreement and be placed on the Consent Calendar for the July 20, 2010 City Council Meeting. SUMMARY: The City has a number of Microsoft software products deployed throughout our desktop computers, mobile data computers, and servers. In June of 2008, the City entered Into a 3 year Enterprise License Agreement with Microsoft. This agreement entailed 3 annual payments, totaling an estimated dollar amount of $649,626.53. In June, 2009, as part of our annual "True-Up" Information Technology's audit of installed desktop systems actually in use, an additional 66 licenses were added to the count with Microsoft. This count increased our annual installment for 2009 by almost $56,000. This year, though our installed number of desktops has decreased below the levels licensed in 2008 and 2009, by the terms of the agreement, we are obligated to relicense 916 desktops. This year, in addition to relicensing our previously licensed desktop and server products, we are adding additional licenses for database servers to the agreement. These servers have been added as part of upgrades and new project implementations over the past year. The additional costs of licensing are budgeted within capital project budgets in the IT Department. While the City has the option to license these database servers exclusively through other Microsoft licensing plans, the pricing models presented under the Enterprise Agreement are more attractive than "one-off" pricing available through standard channels. BUDGET IMPACT: The Information Technology Operating and Tech Plan Budgets are allocated for this year's installment payment as well as the additional SQI Server Database Licenses. License Component Cost 2010 Installment on 3 year Enterprise $192,130.06 2010 Additional Licenses for SQL Database Servers 28 116.48 Washington State Sales Tax $20,923.43 2010 Licensing Total $241,169.97 ATTACHMENTS: • Microsoft Enterprise License 2008 Estimates • Microsoft Enterprise License Agreement June 2009 Performance and Estimates • May 28, 2010 Desktop Census (Email - Brad Soper) • Purchase Order # 85057 Detailing 2010 Enterprise Licensing Costs Kent City Council Meeting Date July 20, 2010 3 Category Consent Calendar - 6E 1. SUB3ECT: LODGING TAX COMMITTEE APPOINTMENTS - CONFIRM 2. SUMMARY STATEMENT: Confirm the Operations Committee's appointments of Beth Sylves, John Casey, and David Kwok to the Lodging Tax Advisory Committee, with their terms expiring on July 31, 2012. 3. EXHIBITS: Letter of Interest and Resumes 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) !. 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ( ShoWare • KENT June 17, 2010 625 West James Street Kent,WA98032 , ShoWareCenterxonn To: Members of the Lodging Tax Advisory Board From: Beth Sylves, Director of Marketing, ShoWare Center Please consider my appointment to the Lodging Tax Advisory Board. As Director of Marketing for ShoWare Center, I am involved in planning and promoting activities that will generate visitors to Kent as well as the greater Seattle Southside area. It has been my pleasure to engage our local businesses who benefit from tourism into our operations over the last 18 months, and I would look forward to providing more resources and opportunites in the future. As we evaluate a variety of events to bring to ShoWare Center, I believe that my interaction with this Board will prove to be mutually beneficial. Sincerely, Beth Sylves bsylves@ShoWareCenter.com 6 Made from I ON.post consumer ec)KIed impers and manufactured from sustainable raw matonals rt y _ Y.�_ An 540 Manayea Fu,nty John M. Casey Shareholder, Curran Law Firm, P.S. 253 852 2345 jcasey@curranfirm.com Residence. 13921 SE 241" Street, Kent, WA PRACTICE EMPHASIS AND EXPERIENCE Litigation Real Estate School and Municipal Law John is a principal of the firm. He has fifteen years' experience in civil litigation. His practice involves litigation and alternative dispute resolution of real estate and business disputes He also drafts agreements and provides counsel in real estate and business matters. A significant portion of his practice involves representing school districts, special purpose districts, and municipalities. EDUCATION J D , cum laude, Seattle University School of Law -1994 B.A., University of Notre Dame - 1985 BAR/COURT ADMISSIONS Admitted to Washington State Bar Admitted to U.S. District Court for the Western District of Washington PRESENTATIONS & PUBLICATIONS ' Presenter, "How Did I Ever Get Into This Mess9 Legal Pitfalls of Real Estate Investing", seminar sponsored by Newberry Realty, 2005 to 2008. Presenter, "Basics of School Law for Board Members," Washington State School Directors Association Annual Conference, 2005 and 2007. Presenter, "Preadmission Education Program", Washington State Bar Association, 2006 Presenter, "Nuts & Bolts of Civil Litigation" Program for newly-admitted attorneys, Washington State Bar Association 2002 through 2005 PROFESSIONAL AND COMMUNITY INVOLVEMENT Washington Council of School Attorneys, Member and Past-President Financial Industry Regulatory Authority (FINRA) Arbitrator United Way of King County, former Member, Board of Directors HOME Emergency Shelter, Past President South King County Legal Clinic, Volunteer Attorney South King County Bar Association, former Trustee PERSONAL After graduating from Notre Dame, John spent six years as a U.S. Marine officer in the infantry and in recruiting before attending law school He is marred with three school aged children and lives in the City of Kent. In his spare time, John enjoys spending time with his family, coaching youth soccer, and woodworking. 1 DA VID KWOK, CHA 21109—66"`Ave. South,Kent, f" 98032 (206) 898-6611 (Cell) dkhotel(m7gmail.com OBJECTIVE Using my hotel management and owner-operator skills, I want to build a small hotel company in the greater Puget Sound area with good quality,primary brand properties EXPERIENCE HOTEL OWNERIOPERATOR—COMFORT INN—AUBURN, WA, 1999 to Present Oversee the operation of a Comfort Inn located east of Highway 167, near Emerald Downs Racetrack in Auburn, Washington Oversee and manage the day-to-day operations of a good quality product Through my involvement with the Auburn Chamber of Commerce (board member for eight years) and Rotary Club, my hotel has been able to consistently exceed market share in occupancy, average room rate, and RcvPAR indexes within our competitive set Actively involved with the YMCA, Choice Hotels' Owner's Council, Chair person for the Region-9 & Washington State Marketing Co-Op, Choice Hotels Region-9 (five states), Brand committee including Operations&Standards,Marketing,and Reservation Technology Recently opened Hampton Inn—Ellensburg, WA in May, 2009 & soon to be open Hampton Inn& Suites in Kent,WA NORTHWEST LODGING/EVERETT PACIFIC PLAZA HOTEL-Everett, WA 1996— 1999 General Manager— Reorganized the 250 rooms with 13,000 square feet of event space full service property organization chart, established budgets for all departments, organized marketing/promotional program and repositions the property within the market place Increased annual occupancy by 7 5%, ADR by 8 5%, and NOI by 127 8% Developed Housekeeping S O P while complying with the local union requirements Re-established the Engineer Department and P M Program Established S O P for the Front Office, developed Room Merchandising Program to maximize the revenue Implemented weekly credit audit to monitor accounting activities that reduced receivable 88 percent Won General Manager of the Region-Western Region. The property also won the print media of the year, two of the employees won the Front Desk and Housekeeping Employee's of the Region HIGHGATE HOTELS/HOLIDAY INN-Renton, WA, CROWNE PLAZA-Detroit, MI 1993 - 1996 General Manager - Reorganized the marketing/promotional program, established budgets for all market segments and repositions the property within the market place Increased annual occupancy from 64 percent to 75 percent(with current year budget at 80 percent), and increased ADR by 26% Manage and responsible budgeting and forecasting of the financial statement Assisted in design and oversee the renovation in guestrooms, meeting facility and public area Re-established the Engineer Department and P M Program Established S O P for the Room Division, develop Room Merchandising Program to growth the revenue Implemented weekly credit audit to monitor accounting activities, which reduce receivable 85 percent Both programs were adapted company wide Upgraded the quality service and productivity in all departments and improve G S 1.year over year. DAVID KWOK,CHA Page 2 WYNDHAM GARDEN HOTEL -Seattle, WA 1991 - 1993 General Manager - Established marketnng'promotional programs and created brand awareness within local market place Increased market share in corporate and leisure market segments increased annual occupancy from 66 percent to 76 percent and room sales per available room by 18 percent Won Most Improved RevPar and Revenue Penetration in 1992 for the Western Region Established annual operational and budget plans Increased GOP by 27 6 percent Won Best GOP for the Year of 1992 within the Garden Division 24 hotels nationwide. Assisted and oversaw guestroom renovation and upgrade/general maintenance program. Improved front desk operation by enhancing room merchandising program Upgraded the quality service and productivity in all departments Received the Best Food & Beverage Profit !Margin award in 1992 Established Teamwork Program to reduce turn-over ratio and maintain consistency in service level. BRADLEY INVESTMENT GROUP/BEST WES1 ERN EXECUTELS 1983 - 1991 (d b a Best Western Airport Executel-Seattle, Best Western Federal Way Executel-Seattle, Quality Inn Airport Executel-Midland,Texas,Golden Sails Hotel-Long Beach and Saddleback Inn-Santa Ana,Calif) Director of Operations - Directly manage three hotels in different regions along with their restaurant and lounge operations(combined annual revenue of 12 nullion) Manage financial statements for each hotel Directly coordinated marketing efforts and established cohesive marketing plan for five hotels Expanded company policies and procedures throughout the company hotels Responsible for renovation protects at two hotels Established cost standards for all five hotels Developed annual budgets, both separate and combined Hired and managed 215 employees Increased annual occupancy from 57 percent to 87 percent and$27 00 in ADR at one location Increased Room Revenue by I mullion annually Built market to 15 percent international and 79 percent it, corporate segment Reduced Room Division and Food & Beverage cost by 4 percent Hired as General Manager of 60 room's property,and coffee shop Responsible for opening three new hotels and expanding one hotel into 150 room hotel with full food and beverage operations Developed annual operational and budget plans which included establishing guest service and marketing programs, and establishing special corporate accounting program Upgraded properties from three stars to four stars and established strong presence in local community. Expanded and upgraded dining room, lounge and banquet service Upgraded hotel from limited service to full service Established employees' manual, personnel procedures and policies, and employee training program Hired,trained,and promoted line employees into management Developed and implemented cost controls and purchasing guidelines and developed marketing/promotional programs that achieved strong gains in corporate market segment despite national chain affiliation which is not perceived as being as corporate destination Won 45 percent market share of corporate business from competition Increased annual occupancy by 25 percent and ADR by $1600 Exceeded profitability 10 percent beyond company goals and industry standards YELUKE CORPORATION-Seattle, WA 1979-1983 General Manager-Opened and managed two restaurants and lounges Realized 11 percent profit in first year and 15 percent in second, through improved of food cost, pour cost, and labor cost controls Designed menus for restaurant and banquets Developed employee manual and established annual budget, inventory control, and operation procedures Developed sales and marketing plan Managed S2 5 million combined budget Hired and managed labor force of 110 full and part time employees DAVID KWOK,CHA Page 3 HYATT CORPORATIONIHYATT INTERNATIONAL CORPORATION 1975- t979 Front Office Manager - Started as Bellpeison, went in Management Training Program with rotations in various departments Promoted to Night Manager to oversee the hotel operation in the evening Promoted to Front Office Manager with responsibility for Reservations, Front Desk and Bell Service operation including hiring, firing, scheduling, payroll, and employee training Established policies and procedures Assisted Sales Department to establish HERS program Restructured Night Audit and Account Receivable Oversaw budgeting, controlling labor costs and departmental expenses Chaired the Safety and Energy Committee Achieved Employee of the Month EDUCATION/CERTIFICATION American hotel&Motel Association-Certified Hotel Administrator Washington State University-Major Hotel& Restaurant Management Highhne College- A A ,Major Hotel &Restaurant management ' Instructor(part-time at Highhne College) Hotel Sales and Operations Management Member of Highhne College Hospitality Advisoiy Board Labor Law Seminar-Have attended annual seminar within past five years Various Management and Sales Program seminars SPECIAL AWARDS ■ General Manager of the Region/Western Region—Howard Johnson International ■ Best Improved RevPar and Penetration-Wyndham Garden Hotel • Best GOP-Wyndham Garden Hotel ■ B I G Program-Washington High School Athletic Program • Employee of the Month- Hyatt Corporate • Employer of Highhne School District Training Program AFFILIATIONS/PROFESSIONAL MEMBERSHIPS Alaska Visitor Association&Chamber of Commerce American Sightseeing Association Asia Society of Travel Agency Des Moines Chamber, Board of Directors Federal Way Chamber of Commerce Japan American Society JATA Kent Chamber,City Government, Education National Business traffic Association and Transportation Committees National Tour Assn,Welcome Committee Chairperson Rotary International Sea-Tac Hotel&Motel Assn, Past President Seattle King County Visitors and Convention Bureau Society of Government&Meeting Planner S W King County Chamber of Commerce VUSAMART Washington State Lodging Association Washington Society Association Executive Kent Chamber of Commerce Member Renton Chamber of Commerce-Economic Committee Chair Everett Chamber-Executive Board Member Snohomish County Lodging Association Board Member Everett Tourism&C V B -Vice Chair Snohomish County Tourism&C V B Board Member Auburn Area Chamber of Commerce—Board Choice Hotels Owner Council-Board Member Auburn Hotel/Motel Tax Committee Member PERSONAL Fluent to Chinese language, verbal and written, as well as English Traveled throughout the United States, Canada, Europe,and Asia i ' Kent City Council Meeting Date Julv 20, 2010 Category Consent Calendar - 6F 1. SUBJECT: 2008 MISCELLANEOUS WATER MAINS (SCENIC HILL) - ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the 2008 Miscellaneous Water Mains (Scenic Hill) Project as complete and release retamage to Kar-Vel Construction, upon receipt of standard releases from the state and the release of any liens. The original contract amount was $319,330.96. The final contract amount was $364,504.94. 1 I , � i 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds iDISCUSSION: ' ACTION: i Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6G 1. SUB]ECT: CONTRACT WITH CENTREPOINTE CONSULTANTS, INC. FOR ON-CALL SURVEY SERVICES - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Consultant Services Agreement with CentrePointe Consultants, Inc., in the amount of $35,000, to conduct on-call surveying services. 3. EXHIBITS: Memo dated 7/9/10 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P.E , Public Works Director • Phone 253-856-5500 KENT Fax- 253-856-6500 ' W A s H I N L T 0 N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 9, 2010 ' To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: July 12, 2010 From: Chad Bieren, P.E., City Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Contract with CentrePointe Consultants, Inc. PS for Survey ' Services 1 Motion: Move to recommend Council authorize the Mayor to sign a contract with CentrePointe Consultants, Inc., PS for an amount not to exceed $35,000 for surveying services, upon concurrence of the language therein by the City Attorney and the Public Works Director. ' Summary: City of Kent Survey personnel provide a number of services in support of city-owned ' properties, acquisition of property and/or easements, design and construction surveying and GIS information gathering. Due to the need for additional services to support the Green River Levee projects an on-call contract is required. The proposed contract would provide on-call services to the end of 2010. It is not anticipated that an outside contractor would be needed after the first of the year. Budget Impact: ' Consultant costs would be paid for out of the existing Storm Drainage budget. 1 . ' U IPubImIPWCommiumL4cnonPagel2OM doc Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6H 1. SUBJECT: STREET SWEEPING CHANGE ORDER #3 WITH MCDONOUGH & SONS - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign Change Order No. 3 to the Street Sweeping Agreement with McDonough & Sons increasing the monthly lump sum payment to $21,709.82, the increase is needed to extend street sweeping services to the Panther Lake annexation area. This change order represents a 38% increase to the linear footage swept at an additional cost of ' $5,921.27 per month for a total monthly payment of $21,709.82. 3. EXHIBITS: Memo dated 7/8/10 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? ' Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: ' Councilmember moves, Councilmember seconds DISCUSSION: ' ACTION: 1 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P E , Public Works Director Phone 253-856-5500 �,KN T Fax 253 856 6500 S 11"G TO " Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: July 8, 2009 ! To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: July 12, 2010 ! From: Bill Thomas, Street Superintendent Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Change Order #3 Street Sweeping Agreement with McDonough & Sons Motion: Move to recommend Council authorize the Mayor to sign change order #3 to the Street Sweeping Agreement with McDonough & Sons making the monthly lump sum payment $21,709.82, upon concurrence of the language therein by the City Attorney and the Public Works Director. ! Summary: This increase is needed to extend street sweeping services to the Panther Lake annexation area. There will be a 38% increase to the linear footage swept. This change was already anticipated in the Stormwater Utilities Operational budget. The current budget for street sweeping is $15,788.55 per month, as noted above the new charge will be $21,709.82 per month, a difference of $5,921.27 per month. ' Budget Impact: No impact to the general fund. Additional charges will be paid for using Stormwater Utility funds. ! 1 • ' ENT WAS HIM1 GTCN CHANGE ORDER NO. 3 NAME OF CONTRACTOR: McDonough & Sons, Inc. ("Contractor") ' CONTRACT NAME & PROJECT NUMBER: Street Sweeping Contract 1 ORIGINAL CONTRACT DATE: January 1, 2008 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: ' Sweep the streets that lie within the Panther Lake Annexation Area. 657,919 linear feet was added to the overall inventory of street area. As a result of this added work, the parties agree to increase the monthly contract sum by $5,921.27. 2. The contract amount and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $14,998.06 per month (incl. applicable alternates and WSST) Net Change by Previous Change Orders $790.49 per month ' (incl. applicable WSST) Current Contract Amount $15,788.55 per month (incl. Previous Change Orders) ' Current Change Order $5,921.27 per month Applicable WSST Tax on this Change N/A ' Order Revised Contract Sum $21,709.82 per month Original Time for Completion December 31, 2008 (insert date) Revised Time for Completion under December 31, 2010 prior Change Orders Insert date Days Required (f) for this Change 184 calendar days (July 1 through Order December 31, 2010) Revised Time for Completion December 31, 2010 (no change) (insert date) CHANGE ORDER - 1 OF 3 In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and ' accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: By: , (signature) (s)gnature} Print Name: Print Name: Its Its (bile) (Cale) DATE: DATE: APPROVED AS TO FORM: , (applicable if Mayor's signature required) Kent Law Department P:Operations\PWOpsContracts\Street\McDonough&SonsStreetSweepingAmendment3-7-10 ' CHANGE ORDER - 2 OF 2 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6I I 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION TARGET ZERO, DRIVE HAMMERED GET NAILED, AMENDMENT #1 - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission Target Zero, Drive Hammered Get Nailed, grant increase of an additional $2,200, authorize the Police Chief to sign all necessary documents, amend the budget, and authorize expenditure of the funds consistent with the grant's terms and conditions. 1 The Kent Police Department has received an additional $2,200 for funding during the X52: Drive Hammered Get Nailed Multijurisdictional DUI Patrol for FY 2009- 2010. This additional funding increases the City's total grant to $8,200. The grant funds officer overtime during specified Target Zero DUI emphasis dates. This grant is for the period of July 14, 2010 through September 30, 2010. Funding is on a reimbursement basis. 3. EXHIBITS: Memorandum of Understanding j4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes _ No X 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' POLICE DEPARTMENT Steven D Strachan, Chief of Police Phone: 253-856-5888 1 Fax: 253-856-6802KENT WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee SUBJECT: Washington Traffic Safety Commission grant award MOTION: I move to authorize the Kent Police Department to accept the I Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $2,200 and authorize the Chief of Police to sign Amendment #1 to the Memorandum of Understanding. SUMMARY: The Kent Police Department has received an additional $2,200 for funding during the X52: Drive Hammered Get Nailed Multi-jurisdictional DUI Patrol for FY 2009- 2010. The grant funds officer overtime during specified Target Zero DUI emphasis dates. The Kent/South King County Target Zero Task Force will support the WTSC goal to reduce deaths, serious injuries, and economic losses that result from traffic collisions. An emphasis will be placed on the primary goals/emphasis areas of the Washington State Strategic Highway Safety Plan - Target Zero: • Reduce crashes involving impaired drivers • Reduce speed related crashes • Increase seat belt & child restraint use iThis grant period began on July 1, 2010 and ends September 30, 2010. EXHIBITS: BUDGET IMPACT: No city matching funds required. BACKGROUND: City of Kent Public Safety Committee WTSC Target Zero $2200 July 13, 2010 1 F STATa W k '' 1699 aOv 1 AMENDMENT #1 TO Memorandum of Understanding BETWEEN Kent Police Department and WASHINGTON TRAFFIC SAFETY COMMISSION 1 THIS AMENDMENT #1 is made and entered into by and between the KENT POLICE DEPARTMENT and the WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC). jIT IS THE PURPOSE OF THIS AMENDMENT #1 to increase the amount of funding available for enforcement for the project titled: X52: Drive Hammered Get Nailed Multi]unsdictional DUI Patrol for FFY2009-2010. IT IS, THEREFORE, MUTUALLY AGREED THAT: 7.Grant Amount: This Amendment increases by $2,200.00 the amount available to the KENT POLICE DEPARTMENT for X52: Drive Hammered Get Nailed Multi jurisdictional DUI Patrol enforcement. Thus the total amount of funding available to KENT POLICE DEPARTMENT will be $8,200.00. This Amendment #1 will not be binding unless and until it is signed by persons authorized to bind each of the parties. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT: Kent Police Department (Agency) (WashingtonTrafficSafetyCommission) Steven D. Strachan, Chief of Police (Contracting agent- print) (date) (Signature) (Date) i Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 63 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION TARGET ZERO, SPECIAL ENFORCEMENT, AMENDMENT #1 - ACCEPT 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission Target Zero, Speed Enforcement, grant increase of an additional $6,200, authorize the Police Chief to sign all necessary documents, amend the budget, and authorize expenditure of the funds consistent with the grant's terms and conditions. The Kent Police Department has received an additional $6,200 for funding during the X52: Speed Patrol. This additional funding increases the City's total grant to $11,700. The additional grant funds are due to annexation of 24,000+ residents effective July 1, 2010. The funding will provide speed enforcement in the newly acquired area of the city limits. • Funding is on a reimbursement basis. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X ICurrently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Counclmember moves, Councilmember seconds tDISCUSSION: ACTION: POLICE DEPARTMENT Steven D. Strachan, Chief of Police Phone: 253-856-5888 KEN T Fax. 253-856-6802 W A S H I N c T o N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee ' SUBJECT: Washington Traffic Safety Commission grant award MOTION: I move to authorize the Kent Police Department to accept the Washington Traffic Safety Commission Target Zero grant in an amount not to exceed $6,200 and authorize the Chief of Police to sign Amendment #1 to the Memorandum of Understanding. SUMMARY: The Kent Police Department has received an additional $6,200 for funding relating to the X52: Speed Patrol. The additional grant funds are due to annexation of 24,000+ residents effective July 1, 2010. The funding will provide speed enforcement in the newly acquired area of the city limits. The Kent/South King County Target Zero Task Force will support the WTSC goal to reduce deaths, serious Injuries, and economic losses that result from traffic collisions. An emphasis will be placed on the primary goals/emphasis areas of the Washington State Strategic Highway Safety Plan - Target Zero: • Reduce crashes involving impaired drivers • Reduce speed related crashes • Increase seat belt & child restraint use EXHIBITS: BUDGET IMPACT: No city matching funds required. BACKGROUND: City of Kent Public Safety Committee WTSC Target Zero $6200 July 13, 2010 iap srnrs.oA � P i AMENDMENT #1 TO Memorandum of Understanding BETWEEN Kent Police Department and WASHINGTON TRAFFIC SAFETY COMMISSION I THIS AMENDMENT #1 is made and entered into by and between the KENT POLICE DEPARTMENT and the WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC). IT IS THE PURPOSE OF THIS AMENDMENT #1 to increase the amount of funding available for enforcement for the project titled: X52: Speed relating to the MOU covering dates in April and July of 2010. Due to annexation of 24,000+ residents effective July 1, 2010, the additional funding will provide speed enforcement in the newly acquired city limits. IT IS, THEREFORE, MUTUALLY AGREED THAT: 7.Grant Amount: This Amendment increases by $6,200.00 the r amount available to the KENT POLICE DEPARTMENT for X52: Speed enforcement. Thus the total amount of funding available to KENT POLICE DEPARTMENT will be 11,700.00. This Amendment #1 will not be binding unless and until it is signed by persons authorized to bind each of the parties. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS ' AGREEMENT: ' Kent Police Department (Agency) (Wash ingtonTrafficSafetyCommission) Steven D. Strachan, Chief of Police ` (Contracting agent- print) (date) (Signature) (Date) i Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6K 1. SUB]ECT: VALLEY NARCOTICS ENFORCEMENT TEAM INTERLOCAL COOPERATIVE AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team. The operational agreement titled, "Interlocal Cooperative Agreement Between the Cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle, for 1 the Valley Narcotics Enforcement Team" establishes a multi-jurisdictional team (VNET). VNET will improve services for all the participating agencies, provide increased safety for officers and the community, and improve cost effectiveness. The minimum term of the Agreement is for one year, effective upon the last date signed. The Agreement will automatically extend for consecutive one year terms until terminated pursuant to the terms of the Agreement. This Agreement has been drafted in consultation with the City's Law Department. 3. EXHIBITS: Interlocal Cooperative Agreement 4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: IPOLICE DEPARTMENT Steve Strachan, Chief of Police Z KE4T Phone: 253-856-5888 w^= • Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee SUBJECT: Interlocal Cooperative Agreement - Valley Narcotics Enforcement Team MOTION: I move to recommend that Council authorize the Mayor to sign the Interlocal Cooperative Agreement for the Valley Narcotics Enforcement Team , SUMMARY: The operational agreement titled, "Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Valley Narcotics Enforcement Team" establishes a multi-jurisdictional team (VNET). The multi-jurisdictional unit will improve services for all the participating agencies, increased safety for officers and the community, and improved cost effectiveness. EXHIBITS: Agreement approved by Law Department BUDGET IMPACT: None. BACKGROUND: Public Safety Committee VNET Interlocal July 13, 2010 CMG-�10—v� 7 June 17,2009 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND ' THE PORT OF SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM I. PARTIES The parties to this agreement are the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle, and Federal Way. The Valley Narcotics Enforcement Team is assigned to the Drug Enforcement Administration (DEA) Task Force. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. Ill. PURPOSE The parties desire to establish and maintain a multi-jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. IV. FORMATION There is hereby established a multi-jurisdictional team to be hereafter known as the Valley Narcotics Enforcement Team ("VNET"), the members of which shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal Way. VNET has been in existence for some time and this Agreement establishes an Inter-local Agreement between the listed jurisdictions. The future admission or elimination of a jurisdiction as a member of VNET may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM The municipalities within the Puget Sound area have experienced an increase in urbanization, and in population densities. The ability to address drug abuse and the crimes associated to controlled substances has stretched the Iresources of individual police department specialty units. Law enforcement efforts directed at dealing with narcotic issues have, for the 1 most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific and complicated narcotic investigations will result in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined narcotic enforcement team. The results will be improved services for 1 all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. tValley Narcotics Enforcement Team - Interlocal Agreement- 1 June 17,2009 VI. TEAM OBJECTIVES The assigned personnel from each participating agency will form a combined investigation team ("Team") through VNET. Each Police Officer is assigned to the Team via this agreement, and to DEA through individual agreements with DEA. VNET shall also be available to outside law enforcement agencies as outlined under mutual aid and as approved by DEA. The objective of the VNET shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. VII. DURATIONITERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in VNET by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The VNET may be terminated by a majority vote of the Executive Board. Any i vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. In the event that VNET withdraws its participation in the DEA Task Force, this agreement will remain in effect as VNET operates independently as it has done in the past. Vill. GOVERNANCE The affairs of the VNET shall be governed by an Executive Board whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. A presiding officer shall be elected by the Board to , serve as Chair. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. The Board shall meet monthly, unless otherwise determined by the Board. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The Chair shall provide no less than forty-eight (48) hours notice of , all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency Valley Narcotics Enforcement Team - Interlocal Agreement-2 June 17, 2009 IX. STAFF The following Staff shall serve at the pleasure of the Board. Staff may be removed for any reason by majority vote of the Board. Team Supervisor: A Team Supervisor with the rank of Sergeant or equivalent from his/her respective agency shall be appointed by the Board. The VNET Supervisor shall act as the first level supervisor for the team and shall report directly to the VNET Chair. Office Manager- The VNET Office Manager shall be provided by the City of Kent on a reimbursable basis and shall work under the direction of the Board The Office Manager reports directly to the Team Supervisor and is responsible for unit accounting, reports, office support, and other duties as appropriate. Attorney: An attorney shall be a member of the Team. The King County Prosecutor's Office shall select and interview candidates and make a recommendation to the Executive Board. The Executive Board will make the selection after considering the recommendation. The attorney will be responsible for reviewing and filing cases, wire orders, search warrants, the prosecution of forfeiture cases, and other services as needed. VNET Detectives: Each agency shall contribute one (1) full-time commissioned officer to the Team. Employees of Contributing Jurisdictions: The personnel assigned to the Team shall be considered an employee of the contributing agency. That agency shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual agency. Each agency shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. In cases where the DEA procedures do not apply, each individual will follow the General Orders as specified by the home agency. X. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET Detectives. Each jurisdiction shall provide sufficient funds to provide for training of its participating VNET Detectives. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VNET shall be equal to those provided by the other participating jurisdictions. Valley Narcotics Enforcement Team - Interlocal Agreement- 3 June 17,2009 The Board shall be responsible for purchasing VNET equipment. Property purchased using VNET funds or forfeited property shall remain the property of the VNET unless the Board transfers it to a participating jurisdiction. The Board will insure a record of the transaction is maintained. The Board must approve any joint capital expenditure for VNET equipment of $1,500.00 or more. Approval for capital expenditures of less than $1,500.00 may be authorized by the VNET Chair. XI. FINANCIAL REQUIREMENTS VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will fulfill the responsibility of Fiscal Agent. The VNET operating budget relies primarily on three (3) funding sources: State and Federal Grants, the participating agencies, and the VNET assets forfeited at the state and federal levels. Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating agency shall provide VNET with the annual cost to assign an officer or other approved personnel to the unit. An agency's annual contribution is then divided by twelve (12) and credited towards the monthly salary and benefits of the agency's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating agencies of each agencies' expected contribution. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost. XII. DISTRIBUTION OF SEIZURE FUNDS The VNET Board provides oversight of seized and forfeited assets via the ' Fiscal Agent. Forfeited assets may be distributed to participating agencies when deemed appropriate by the Board. The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the VNET. XIII. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of the VNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided to its participating VNET members. Any assets acquired with joint funds of the VNET shall be equally divided among the participating jurisdictions at the asset's fair market value upon , termination. The value of the assets of the VNET shall be determined by using commonly accepted methods of valuation. If two (2) or more participating Valley Narcotics Enforcement Team - Interlocal Agreement-4 June 17,2009 T jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any VNET property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the VNET at the time of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VNET, but the VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VNET or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select one (1) person 1 (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VNET upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. b. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine• which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the VNET without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with VNET actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal 1 share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In VNET Response. In the event that a jurisdiction or its personnel were not involved in the VNET response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. Valley Narcotics Enforcement Team - Interlocal Agreement- 5 June 17,2009 t B. Intentionally Wrongful Conduct Beyond the Scope of Employment Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VNET personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the t jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making VNET members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit, PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. Valley Narcotics Enforcement Team - Interlocal Agreement-6 t June 17,2009 G. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement XV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of VNET operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a VNET action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XVI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XVI. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VNET activities. The lead jurisdiction shall be the jurisdiction within which the VNET response occurred, PROVIDED, that in the event the jurisdiction within which the VNET response occurred did not participate in the VNET response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VNET response originated. In the event that a jurisdiction that was not involved in the VNET response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XVII of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. j B. Assistance of VNET Supervisor. The VNET Supervisor shall assist the lead jurisdiction in responding to a claim. The VNET Supervisor shall be responsible for gathering all records relating to the VNET response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VNET response. The VNET Supervisor shall also provide a list of personnel who participated in the response and their contact information. The VNET Supervisor shall deliver all copies of the records to the lead juris fiction promptly upon request. 1 - Valley Narcotics Enforcement Team - Interlocal Agreement- 7 June 17,2009 C. Claims of$5,000 or Less. L Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Supervisor to gather records relating to the VNET response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination — Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VNET is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the VNET. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VNET response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VNET and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VNET is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the VNET, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From Insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases 1 for such determination. Valley Narcotics Enforcement Team - Interlocal Agreement-8 June 17, 2009 D. Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VNET to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XVII of this Agreement iB. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VNET to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting. XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XVII of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of t service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies, of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with ,the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XVII of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Valley Narcotics Enforcement Team - Interlocal Agreement-9 June 17,2009 Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 0 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 101 N. Division 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 68032 (253) 931-3039 (253) 856-5888 Federal Way: Federal Way City Clerk P O. Box 9718 Federal Way, WA 98063 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Renton: Renton Risk Manager 1055 So. Grady Way Renton, WA 98057 Port of Seattle: CIAW Port of Seattle Claims Manager Director of Claims P.O Box 1209 Canfield & Associates, Inc. Seattle, WA 98111 451 Diamond Drive Ephrata, WA 98823 Tukwila: WCIA: t City Clerk Claims Manager City of Tukwila WCIA 6200 Southcenter Blvd. P.O. Box 1165 Tukwila, WA 98043 Renton, WA 98057 Valley Narcotics Enforcement Team -Interlocal Agreement- W June 17,1009 rt XIX. COMPLIANCE WITH THE LAW The VNET and all its members shall comply with all federal, state, and local laws that apply to the VNET. XX. ALTERATIONS This agreement may be modified, amended, or altered by agreement of all participating agencies and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of the VNET and to meet the goals of the VNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of the VNET. To that end, the jurisdictions agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the jurisdictions on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. XXI. RECORDS Each agency shall maintain records relating to work performed by its employees assigned to the VNET when operating outside DEA operations. The VNET office manager shall maintain records ,relating to the operation of the VNET to the extent required by law. All~records shall be available for full inspection and copying by each participating jurisdiction. XXII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXIII. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement XXIV. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This ■ Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. Valley Narcotics Enforcement Team - Interlocal Agreement- 11 June 17,2009 By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date j City Clerk, City of Auburn Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila -Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date Valley Narcotics Enforcement Team - Interlocal Agreement- 12 1 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6L 1. SUBJECT: KING COUNTY SHERIFF'S OFFICE COST REIMBURSEMENT AGREEMENT - ACCEPT 2. SUMMARY STATEMENT: Accept the King County Sheriff's Office grant in the amount of $48,309, to fund overtime costs for teams from the Kent Police Department to monitor sex offenders in the area, authorize the Mayor to sign all necessary documents, amend the budget, and authorize expenditure of the funds consistent with the grant's terms and conditions. King County Sheriff's Office (KCSO) is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs (WASPC). KCSO is partnering with local law enforcement agencies with this grant and will provide overtime funds to be used to send offender contact teams into the field and make personal contact with sex offenders living in the community. The goal is to verify the registration of every offender, as well as to update their information and obtain a new photograph of each person. Face-to-face verification requirements: - Level I offenders, once every 12 months - Level II offenders, once every 6 months - Level III offenders, once every 3 months The maximum amount to be paid under this cost reimbursement agreement shall not exceed $48,309. 3. EXHIBITS: Cost Reimbursement Agreement 4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes _ No X ' 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: POLICE DEPARTMENT Steve Strachan, Chief of Police 1 Phone: 253-856-5888 K EN T Fax: 253-856-6802 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee SUBJECT: King County Sheriff's Office Cost Reimbursement Agreement MOTION: I move to recommend that Council authorize the Kent Police Department to accept the King County Sheriff's Office grant in an amount not to exceed $48,309, authorize the Mayor to sign the agreement and establish the budget. SUMMARY: King County Sheriff's Office (KCSO) is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs (WASPC). KCSO is partnering with local law enforcement agencies with this grant and will provide overtime funds to be used to send offender contact teams into the field and make personal contact with every sex offender living here. The goal is to verify the registration of every offender currently registered here, as well as updating their information and obtaining a new photograph of each person. Face-to-face verification requirements: Level I offenders, once every twelve months Level II offenders, one every six months Level III offenders, once every three months The Agreement period begins on July 1, 2010 and ends on June 30, 2011. EXHIBITS: Cost Reimbursement Agreement from King County Sheriff's Office BUDGET IMPACT: None BACKGROUND: Public Safety Committee KCSO Sex Offender Verification Grant July 13, 2010 Cost Reimbursement Agreement Executed By I King County Sheriffs Office, a department of King County, hereinafter referred to as "KCSO," Department Authorized Representative: Susan L. Rahr, Sheriff King County Sheriff's Office W-150 King County Courthouse 516 Third Avenue Seattle, WA 98104 and Kent Police Department, a department of King County, hereinafter referred to as ""Contractor," Department Authorized Representative: Steven Strachan, Chief of Police 220 4"'Avenue South Kent, WA 98032 WHEREAS, KCSO and Contractor have mutually agreed to work together for the purpose of verifying the address and residency of registered sex and kidnapping offenders, and WHEREAS, the goal of registered sex and kidnapping offender address and residency verification is to improve public safety by establishing a greater presence and emphasis by Contractor in King County neighborhoods; and WHEREAS, as part of this coordinated effort, Contractor will increase immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction, and WHEREAS, KCSO is the recipient of a Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program grant through the Washington Association of Sheriffs and Police Chiefs for this purpose, and WHEREAS, KCSO will oversee efforts undertaken by program participants in King County; NOW THEREFORE, the parties hereto agree as follows: KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address and Residency Verification Program funding to reimburse for expenditures associated with the Contractor for the verification of registered sex and kidnapping offender address and residency as set forth below. This Interagency Agreement contains eight (8) Articles: Cost Reimbursement Agreement ARTICLE I. TERM OF AGREEMENT The term of this Cost Reimbursement Agreement shall commence on July 1, 2010 and shall end on June 30, 2011 unless terminated earlier pursuant to the provisions hereof. ARTICLE II. DESCRIPTION OF SERVICES This agreement is for the purpose of reimbursing the Contractor for participation in the Registered Sex and Kidnapping Offender Address and Residency Verification Program. The program's purpose is to verify the address and residency of all registered sex and kidnapping offenders under RCW 9A.44 130. The requirement of this program is for face-to-face verification of a registered sex and kidnapping offender's address at the place of residency In the case of • level I offenders, once every twelve months. • of level II offenders, once every six months. • of level III offenders, once every three months. For the purposes of this program unclassified offenders and kidnapping offenders shall be considered at risk level I, unless in the opinion of the local jurisdiction a higher classification is in the interest of public safety. ARTICLE III. REPORTING Two reports are required in order to receive reimbursement for grant-related expenditures. Both forms are included as exhibits to this agreement. "Exhibit A"is an "Address Verification Form"that the sex or kidnapping offender completes and signs during a face-to-face contact. "Exhibit B" is an "Officer Contact Worksheet" completed in full by an officer/detective during each verification contact. Both exhibits representing each contact are due quarterly and must be complete and received before reimbursement can be made following the quarter reported. Original signed report forms are to be submitted by the 5th of the month following the end of the quarter. The first report is due October 5, 2010. Quarterly progress reports shall be delivered to Attn: Tina Keller, Project Manager 1 King County Sheliff's Office 401 Fourth Avenue Kent, WA 98032 Phone- 206-205-7948 Email: tina.keller@kingeounty.gov ARTICLE IV. REIMBURSEMENT Page 2 of 5 Cost Reimbursement Agreement Requests for reimbursement will be made on a monthly basis and shall be forwarded to KCSO by the 10`h of the month following the billing period. Overtime reimbursements for personnel assigned to the Registered Sex and Kidnapping Offender Address and Residency Verification Program will be calculated at the usual rate for which the individuals' time would be compensated in the absence of this agreement. Each request for reimbursement will include the name, rank, overtime compensation rate, number of reimbursable hours claimed and the dates of those hours for each officer for whom reimbursement is sought. Each reimbursement request must be ; accompanied by a certification signed by an appropriate supervisor of the department that the request has been personally reviewed, that the information described in the request is accurate, and the personnel for whom reimbursement is claimed were working on an overtime basis for the Registered Sex and Kidnapping Offender Address and Residency Verification Program. 1 Overtime and all other expenditures under this Agreement are restricted to the following criteria: 1. For the purpose of verifying the address and residency of registered sex and kidnapping offenders; and 2. For the goal of improving public safety by establishing a greater presence and emphasis in King County neighborhoods, and 3. For increasing immediate and direct contact with registered sex and kidnapping offenders in their jurisdiction Any non-overtime related expenditures must be pre-approved by KCSO. Your request for pre-approval must include: I) The item you would like to purchase, 2) The purpose of the item, 3) The cost of the item you would like to purchase. You may send this request for pre-approval in email format Requests for reimbursement from KCSO for the above non-overtime expenditures must be accompanied by a spreadsheet detailing the expenditures as well as a vendor's invoice and a packing slip. The packing slip must be signed by an authorized representative of the Contractor. All costs must be included in the request for reimbursement and be within the overall contract amount. Over expenditures for any reason, including additional cost of sales tax, shipping, or installation, will be the responsibility of the Contractor. Requests for reimbursement must be sent to Page 3 of 5 Cost Reimbursement Agreement Attn: Tina Keller, Project Manager King County Sheriff's Office 401 Fourth Avenue Kent, WA 98032 Phone: 206-205-7948 Email: tina.keller@kingeounty.gov , The maximum amount to be paid under this cost reimbursement agreement shall not exceed Forty Eight Thousand Three Hundred and Nine Dollars ($48,309.00). Expenditures exceeding the maximum amount shall be the responsibility of Contractor. All requests for reimbursement must be received by KCSO by July 31, 2011 to be payable. ARTICLE V. WITNESS STATEMENTS "Exhibit C" is a "Sex/Kidnapping Offender Address and Residency Verification Program Witness Statement Form." This form is to be completed by any witnesses encountered during a contact when the offender is suspected of not living at the registered address and there is a resulting felony "Failure to Register as a Sex Offender" case to be referred/filed with the KCPAO. Unless, due to extenuating circumstances the witness is incapable of writing out their own statement, the contacting officer/detective will have the witness write and sign the statement in their own handwriting to contain, verbatim, the information on the witness farm. ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET "Exhibit D" is the "Filing Non-Discoverable Face Sheet." This form shall be attached to each"Felony Failure to Register as a Sex Offender" case that is referred to the King County Prosecuting Attorney's Office. ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian Affairs funds that would be spent for identical purposes in the absence of the grant. Overtime - To meet this grant condition, you must ensure that: • Overtime exceeds expenditures that the grantee is obligated or funded to pay r in the emrent budget. Funds currently allocated to pay for overtime may not be reallocated to other purposes or reimbursed upon the award of a grant. • Additionally, by the conditions of this grant, you are required to track all overtime funded through the grant ARTICLE VII. AMENDMENTS Page 4 of 5 Cost Reimbursement Agreement 1 No modification or amendment of the provisions hereof shall be effective unless in writing and signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the right to modify this Agreement, by mutual agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by having their representatives affix their signatures below. Kent Police Department KING COUNTY SHERIFF'S OFFICE Steven Strachan, Chief of Police Susan L. Rahr, Sheriff Date Date Page 5 of 5 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6M 1. SUBJECT: FEDERAL BUREAU OF INVESTIGATION INNOCENCE LOST TASK FORCE MEMORANDUM OF UNDERSTANDING AND COST REIMBURSEMENT AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Chief to sign the Memorandum of Understanding with the Federal Bureau of Investigation regarding the Innocence Lost Task Force, subject to final terms and conditions acceptable to the City Attorney. The Kent Police Department has been asked to participate in the FBI's Innocence Lost Task Force (ILTF). One Kent Police detective will be identified to work with multi-agency participants of the ILTF. While working with the ILTF, overtime costs will be reimbursed by the FBI. The mission of the ILTF is to identify and target for prosecution criminal enterprise groups responsible for promotion of prostitution, specifically Juvenile prostitution, and interstate drug trafficking, money laundering; and alien smuggling. This Memorandum of Understanding is pending approval by the Law Department. 3. EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? Revenue? X Currently in the Budget? Yes No X 6. CITY COUNCIL ACTION: Councilmember moves, Counalmember seconds DISCUSSION: ACTION: POLICE DEPARTMENT Steve Strachan, Chief of Police Phone. 253-856-5888 KEN T Fax: 253-856-6802 W A 5"' N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee SUBJECT: Federal Bureau of Investigation Innocence Lost Task Force MOTION: I move to recommend that Council authorize the Chief of Police to sign the Federal Bureau of Investigation Innocence Lost Task Force Memorandum of Understanding and Cost Reimbursement Agreement. SUMMARY: The Kent Police Department has been asked to participate in the FBI's Innocence Lost Task Force (ILTF). One Kent Police detective will be identified to work with the multi-agency participants of the ILTF. While working with the ILTF, overtime costs will be reimbursed by the FBI. The mission of the ILTF is to identify and target for prosecution criminal enterprise groups responsible for promotion of prostitution, specifically juvenile prostitution, interstate, or through the use of interstate commerce, drug trafficking, money laundering and alien smuggling. EXHIBITS: Memorandum of Understanding Cost Reimbursement Agreement BUDGET IMPACT: None BACKGROUND: Public Safety Committee FBI Innocence Lost Task Force July 13, 2010 FOR OFFICIAL USE ONLY FEDERAL BUREAU OF INVESTIGATION INNOCENCE LOST TASK FORCE MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the KENT POLICE DEPARTMENT (KPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 1. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U S C.), Section (§) 533; 42 U,S C § 3771; Title 28, Code of Federal Regulations (C F R.), § 0 85, and applicable United States Attorney General's Guidelines. PURPOSE 2. The purpose of this MOU is to delineate the responsibilities of INNOCENCE LOST TASK FORCE (ILTF) participants, maximize inter-agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media relations This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 3. The mission of the ILTF is to identify and target for prosecution criminal enterprise groups responsible for promotion of prostitution, specifically juvenile prostitution, interstate, or through the use of interstate commerce, drug trafficking, money laundering and alien smuggling. The ILTF will enhance the effectiveness of federal/state/local law enforcement resources through a well-coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders 1 FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 1 1 FOR OFFICIAL USE ONLY SUPERVISION AND CONTROL A. Supervision 4. Overall management of the ILTF shall be the shared responsibility of the participating agency heads and/or their designees. 5. The Special Agent in Charge (SAC) of the Seattle Division shall designate one Supervisory Special Agent (SSA) to supervise day-to-day operational and investigative matters pertaining to the ILTF 6. Responsibility for conduct, not under the direction of the SAC or SSA, of each ILTF member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of its respective employees 7. Each ILTF member will be subject to the laws, regulations, policies, and personnel rules applicable to those of his or her respective agency. FBI participants will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the DOJ. 8. Each ILTF member will continue to report to his or her respective agency head for non-investigative administrative matters not detailed in this MOU. 9. Continued assignment to the ILTF will be based on performance and at the discretion of each ILTF member's respective supervisor The FBI SAC/SSA will also retain discretion to remove any member from the ILTF. B. Case Assignments 10 The FBI SSA with designated oversight for operational and investigative matters will be responsible for opening, monitoring, directing, and closing ILTF investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines 11. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSA with designated oversight for operational and investigative matters. 12. For FBI administrative purposes, ILTF cases will be entered into the relevant FBI computer system. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency Neither it nor its contents may be released without authorization by FBI Headquarters. 2 FOR OFFICIAL USE ONLY 13, ILTF members will have equal responsibility for each case assigned. ILTF personnel will be totally responsible for the complete investigation from predication to resolution. C. Resource Control 14 The head of each participating agency shall retain control of resources dedicated by that agency to the ILTF, Including personnel, as well as the continued dedication of those resources The participating agency head or designee shall be kept fully apprized of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 15 It is agreed that matters designated to be handled by the ILTF will not knowingly be subject to non-ILTF law enforcement efforts by any of the participating agencies It is incumbent on each agency to make proper internal notification regarding the ILTF's existence and areas of concern. i16. It Is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to ILTF investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. 17. ILTF investigative leads outside of the geographic areas of responsibility for FBI Seattle Division will be communicated to other FBI offices for appropriate investigation B. Informants 18. The disclosure of FBI informants to non-ILTF members will be limited to those situations where it is essential to the effective performance of the ILTF These disclosures will be consistent with applicable FBI guidelines. 19. Non-FBI ILTF members may not make any further disclosure of the identity of an FBI informant, including to other members of the ILTF. No documents which identify, tend to identify, or may indirectly identify an FBI informant may be released without prior FBI approval 20. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. 21 The United States Attorney General's Guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency Neither it nor its contents may be released without authorization by FBI Headquarters. 3 FOR OFFICIAL USE ONLY CWs opened and operated in furtherance of ILTF investigations. Documentation of, and any payments made to, FBI informants and CWs shall be in accordance with FBI policy and procedure. 22. Operation, documentation, and payment of solely state, county, or local informants and CWs opened and operated by non-FBI ILTF members in furtherance of ILTF Investigations must be in accordance with the United States Attorney General's Guidelines Documentation of state, county, or local informants and CWs opened and operated in furtherance of ILTF investigations shall be maintained at an agreed to location. C. Reports and Records 23. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the ILTF will be made available for inclusion in the respective investigative agencies' files as appropriate. 24 ILTF reports prepared in cases assigned to state, county, or local participants will be maintained at an FBI approved location; original documents will be maintained by the FBI 25. Records and reports generated in ILTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for ILTF. 26. ILTF investigative records maintained at the Seattle Field Office of the FBI will be available to all ILTF members, as well as their supervisory and command staff subject to pertinent legal, administrative and /or policy restrictions. 27. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the ILTF investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by ILTF personnel 28. All ILTF investigative records will be maintained at an approved FBI location Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 29. Classified information and/or documents containing information that identifies or tends to identify an FBI informant shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied INFORMATION SHARING FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 4 FOR OFFICIAL USE ONLY 30. No information possessed by the FBI, to Include information derived from informal communications by the ILTF member with personnel of the FBI, may be disseminated by the ILTF member to non-ILTF personnel without the permission of the ILTF member's designated FBI ILTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly Likewise, the ILTF member will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. PROSECUTIONS 31. ILTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution 32. A determination will be made on a case-by-case basis whether the prosecution of ILTF cases will be at the state or federal level This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the ILTF. 33. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a ILTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities A. Investigative Methods/Evidence 34. For cases assigned to an FBI Special Agent or in which FBI informants or CWs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution 35. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 36 The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 5 FOR OFFICIAL USE ONLY B. Undercover Operations 37. All ILTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations All participating agencies may be requested to enter into an additional agreement if a member of the participating agency is assigned duties which require the officer to act in an undercover capacity DEADLY FORCE AND SHOOTING INCIDENT POLICIES 38 Members of the ILTF will follow their own agency's policy concerning firearms discharge and use of deadly force. DEPUTATIONS 39. Local and state law enforcement personnel designated to the ILTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization These deputations should remain in effect throughout the tenure of each investigator's assignment to the ILTF or until the termination of the ILTF, whichever comes first. 40. Administrative and personnel policies Imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES , 41 In furtherance of this MOU, employees of KPD may be permitted to drive FBI owned or leased vehicles for official ILTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Manual of Administrative Operations and Procedures (MAOP), Part I, Section 3.1. The assignment of an FBI owned or leased vehicle to a KPD ILTF member will require the execution of a separate Vehicle Use Agreement 42. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to ILTF business 43. The FBI and the United States will not be responsible for any tortious act or omission on the part of KPD and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by an KPD ILTF member, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency Neither it nor its contents may be released without authorization by FBI Headquarters 6 FOR OFFICIAL USE ONLY 44 The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by an KPD task force member while engaged in any conduct other than his or her official duties and assignments under this MOU 45. To the extent permitted by applicable law, KPD agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by an KPD ILTF member which is outside the scope of his or her official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 46. The FBI and KPD agree to assume all personnel costs for their ILTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency 47. Subject to funding availability and legislative authorization, the FBI will reimburse to KPD the cost of overtime worked by non-federal ILTF members assigned full-time to ILTF, provided overtime expenses were incurred as a result of ILTF-related duties A separate Cost Reimbursement Agreement (CRA) must be executed between the FBI and KPD for full-time employee(s) assigned to ILTF, consistent with regulations and policy. Otherwise, overtime shall be compensated in accordance with applicable KPD overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 48, Property utilized by the ILTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the ILTF, will be maintained 1 in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by ILTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of ILTF, will be the financial responsibility of the agency supplying said property. FUNDING 49 This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures FORFEITURES FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. ' 7 FOR OFFICIAL USE ONLY 50. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with ILTF operations. 51. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to ILTF Investigations may be equitably shared with the agencies participating in the ILTF. DISPUTE RESOLUTION 52 In cases of overlapping jurisdiction, the participating agencies agree to work in 1 concert to achieve the ILTF's objectives. 53. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc , at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 54. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines 55. Press releases will conform to DOJ Guidelines regarding press releases No release will be issued without FBI final approval. SECURITY CLEARANCES 56. Thirty days prior to being assigned to the ILTF, each candidate will be required to furnish pages 1, 2, 3, 9 (certification only), and 10 of the Questionnaire for Sensitive Positions (SF-86). Sometime thereafter, a representative from the FBI will conduct an Interview of each candidate. 57. If, for any reason, a candidate is not selected, the participating agency will be so advised and a request will be made for another candidate. 58 Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non-disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 59. When FBI space becomes available, before receiving access, ILTF members will be required to undergo a full background investigation and receive and maintain a "Top Secret" security clearance. In addition, ILTF members will also be required to fully complete the SF-86 and the required fingerprint cards In the interim, ILTF members will not be allowed unescorted access to FBI space FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 8 FOR OFFICIAL USE ONLY 60. Upon departure from the ILTF, each candidate will be given a security debriefing and reminded of the provisions contained In the non-disclosure agreement previously agreed to by the ILTF member. LIABILITY 61. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the ILTF 62. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the ILTF or otherwise relating to the ILTF. 63. In the event that a civil claim or complaint is brought against a state or local officer assigned to the ILTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below 64. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-2680 An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attorney General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U S C. § 2679(d)(2). Upon such certification, the officer will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant 28 U.S.C. § 2679(d)(2) Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims Decisions regarding certification of employment under the FTCA are made on a case-by-case basis, and the FBI cannot guarantee such certification to any ILTF member. 65. For the limited purpose of defending against a civil claim arising from an alleged violation of the U S Constitution pursuant to 42 U S C § 1983 or Bivens v Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U S 388 (1971): An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual-capacity representation by DOJ to defend against the claims 28 C F R §§ 50 15, 50 16 Any such request for individual-capacity representation must be made in the form of a letter from the individual defendant to the U.S Attorney General The letter should FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters 9 i 1 FOR OFFICIAL USE ONLY be provided to Chief Division Counsel (CDC) for the FBI Seattle Division, who will then coordinate the request with the FBI Office of the General Counsel In the event of an adverse judgment against the individual officer, he or she may request indemnification from DOJ 28 C F R § 50 15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case-by-case basis The FBI cannot guarantee the United States will provide legal representation or indemnification to any federal, state or local law enforcement officer. 66 Liability for any conduct by an ILTF member undertaken outside of the scope of his or her assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 67. The term of this MOU is for the duration of the ILTF's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved 68. Any participating agency may withdraw from the ILTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the ILTF at least 30 days prior to withdrawal. 69 Upon termination of this MOU, all equipment provided to the ILTF will be returned to the supplying agency/agencies In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any ILTF participation MODIFICATIONS 70. This agreement may be modified at any time by written consent of all involved agencies. 71 Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters 10 i FOR OFFICIAL USE ONLY SIGNATORIES Special Agent in Charge Date Seattle Federal Bureau of Investigation Chief Date Kent Police Department Contracting Officer Date Federal Bureau of Investigation 147dmp03.ltr FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 11 i � G COST REIMBURSEMENT AGREEMENT BETWEEN THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE KENT POLICE DEPARTMENT TASK FORCE FILE # 31E-SE-96329 Pursuant to Congressional appropriations, the FBI receives authority to pay overtime for police officers assigned to the formalized INNOCENCE LOST TASK FORCE as set forth below for expenses necessary for detection, investigation, and prosecution of crimes against the United States . It is hereby agreed between the FBI and the KENT POLICE DEPARTMENT located at: 220 South Fourth Avenue, Kent, WA 98032, Taxpayer Identification Number: Phone Number: that: 1) Commencing upon execution of this agreement, the FBI will, subject to availability of the required funding, reimburse the agency for overtime payments made to the officers assigned full-time to the task force . 2) Requests for reimbursement will be made on a monthly basis and should be forwarded to the FBI field office as soon as practical after the first of the month which follows the month for which reimbursement is requested. Such requests should be forwarded by the Supervisor of the agency to the FBI Task Force Squad Supervisor and Special Agent in Charge for their review, approval, and processing for payment. 3) Overtime reimbursements will be made directly to the agency by the FBI . All overtime reimbursement payments are made by electronic fund transfer (EFT) . An ACH Vendor/Miscellaneous Payment Enrollment Form must be on file with the FBI to facilitate EFT. 4) Overtime reimbursements will be calculated at the usual rate for which the individual officer's time would be compensated in the absence of this agreement. However, said reimbursement, per officer, shall not exceed monthly and/or annual limits established annually by the FBI . The limits, calculated using Federal pay tables, will be in effect for the Federal fiscal year running from October 1st of one year through September 30th of the following year, unless changed during the period. The FBI reserves the right to change the reimbursement limits, upward or downward, for subsequent periods based on fiscal priorities and appropriations limits. The FBI will notify the agency of the applicable annual limits prior to October 1st of each year. 5) The number of agency officers assigned full-time to the task force and entitled to overtime reimbursement by the FBI shall be approved by the FBI in advance of each fiscal year. Based on the needs of the task force, this number may change periodically, upward or downward, as approved in advance by the FBI . 6) Prior to submission of any overtime reimbursement requests, the agency must prepare an official document setting forth the identity of each officer assigned full-time to the task force, along with the regular and overtime hourly rates for each officer. Should any officers change during the year, a similar statement must be prepared regarding the new officers prior to submitting any overtime reimbursement requests for the officers . The document should be sent to the field office for FBI review and approval . 7) Each request for reimbursement will include the name, rank, ID number, overtime compensation rate, number of reimbursable hours claimed, and the dates of those hours for each officer for whom reimbursement is sought . The request must be accompanied by a certification, signed by an appropriate Supervisor of the agency, that the request has been personally reviewed, the information described in this paragraph is accurate, and the personnel for whom reimbursement is claimed were assigned full-time to the task force . 8) Each request for reimbursement will include an invoice number, invoice date, taxpayer identification number (TIN) , and the correct banking information to complete the electronic fund transfer. The necessary banking information is the Depositor Account Title, Bank Account Number, Routing Number, and Type of Account (either checking, savings, or lockbox) . If the banking information changes, a new ACH Vendor/Miscellaneous Payment Enrollment Form must be submitted to the FBI . 9) Requests for reimbursement must be received by the FBI no later than December 31st of the next fiscal year for which the reimbursement applies . For example, reimbursements for the fiscal year ending September 30, 2005 must be received by the FBI by December 31, 2005. The FBI is not obligated to reimburse any requests received after that time . 10) This agreement is effective upon signature of the parties and will remain in effect for the duration of the agency' s participation in the task force, contingent upon approval of necessary funding, and unless terminated in accordance with the provisions herein. This agreement may be modified at any time by written consent of the parties. It may be terminated at any time upon mutual consent of the parties, or unilaterally upon written notice from the terminating party to the other party at least 30 days prior to the termination date. FOR THE KENT POLICE DEPARTMENT: FOR THE FBI: Name, Title Date Special Agent in Charge Date Contracting Officer Date FBI Headquarters OCCO CRA template 5/23/04 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6N 1. SUBJECT: COMPREHENSIVE EMERGENCY MANAGEMENT PLAN - ACCEPT 2. SUMMARY STATEMENT: Accept the Comprehensive Emergency Management Plan, and authorize the Mayor to sign the Letter of Promulgation and Introduction page of the plan. This document is the 2010 revised version of the City Emergency Plan. This plan meets the requirements set forth by WAC 118-30-060 and supports the City's requirements and responsibilities as defined by RCW 38.52.070. The plan provides the city Hazard Identification and Vulnerability Analysis (HIVA) along with the necessary components of a comprehensive all-hazard, all-discipline plan. These include: the Basic plan, Appendices, Emergency Support Functions (ESF) and Annexes. 3. EXHIBITS: Letter of Promulgation and CEMP signature pages. A copy of the 2010 Revised Comprehensive Emergency Management Plan - CEMP is in Council's Office e4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: FIRE EMERGENCY MANAGEMENT ' Dominic Marzano Emergency Manager/ Division Chief 24611 116"Ave SE Kent, WA 98030 KENT Fax 253-856-4119 WAS .I M1(. L1M PHONE: 253-856-4440 ' DATE: June 25, 2010 TO: Public Safety Committee FROM: Dominic V Marzano, Emergency Manager/Div Chief SUBJECT: Comprehensive Emergency Management Plan MOTION: Recommend approval of the Comprehensive Emergency Management Plan ' (CEMP) and authorize the Mayor to sign the Letter of Promulgation and Introduction page of the plan SUMMARY: This document is the 2010 revised version of the City Emergency Plan. This plan is meets the requirements set forth by WAC 118-30-060 and supports the City's ' requirements and responsibilities as defined by RCW 38.52.070. The plan provides the city Hazard Identification and Vulnerability Analysis (HIVA) along ' with the necessary components of a comprehensive all-hazard, all-discipline plan. These include: the Basic plan, Appendices, Emergency Support Functions (ESF) and Annexes. EXHIBIT: 2010 Revised Comprehensive Emergency Management Plan - CEMP Public safety cover letter CEMP signature pages BUDGET IMPACT: NO BUDGET IMPACT LETTER OF PROMULGATION Kent City Code Chapter 9.01,010 establishes the Kent Emergency Management organization for the purposes of performing local emergency services functions. The City of Kent Comprehensive Emergency Management Plan (Third Edition) is for the use of City of Kent Government in mitigating, preparing for, ' responding to, and recovering from natural or technological disasters. Its intent is to provide a structure for centralizing citywide coordination and to facilitate interoperability between Kent departments, county, state, and ' federal governments. 1. The Hazard Identification and Vulnerability Analysis provides ' information on potential hazards whose impacts would go beyond those considered "routine emergencies" within the City of Kent and it's surrounding area. It is separated into two major categories; Natural and Technological. 2. The Basic Plan states the disaster missions and responsibilities of City government, departments and divisions. 3. The Appendices to the Basic Plan include a variety of topics such as legal authorities, terms and definition, and acronyms and abbreviations. 4. The Emergency Support Functions describe the policies, situation, planning assumptions, concept of operations, and responsibilities for each ' individual ESF. 5. The Annex section includes additional associated documents to the plan. ' The City of Kent Comprehensive Emergency Management Plan is a product of the coordinating efforts between Kent Emergency Management, the Kent ' Emergency Planning Committee along with many regional public and private agencies. This plan is consistent with the Washington State Comprehensive Emergency Management Plan and meets the criteria of WAC 118-30-060 and the requirements of RCW 38.52.070. ' Suzette Cooke Mayor, City of Kent ' (add) Month, day, Year ' Table of Contents Cn1'of Kent Conipi ebensrre Emei gencp Plan 2010 ' CITY OF KENT, WASHINGTON COMPREHENSIVE EMERGENCY MANAGEMENT PLAN ■ INTRODUCTION ■ The City of Kent Comprehensive Emergency Management Plan 2010 (Third ' Edition) is for the use of City of Kent Government for mitigating of, preparing for, responding to, and recovering from natural or technological disasters. Its intent is to provide a structure for centralizing citywide coordination and to ' facilitate interoperability between Kent departments, county, state, and federal governments. ' 1. The Hazard Identification and Vulnerability Analysis provides information on potential hazards whose impacts would go beyond those considered "routine emergencies" within the City of Kent and it's surrounding area. It is separated into two major categories; Natural and Technological. 2. The Basic Plan states the disaster missions and responsibilities of City ' government, departments and divisions. 3. The Appendices to the Basic Plan include a variety of topics such as legal authorities, definitions, acronyms, and training mechanisms. 4. The Emergency Support Functions describe the policies, situation, planning assumptions, concept of operations, and responsibilities for each individual ESF. 5. The Annex section includes additional associated documents to the plan. The City of Kent Comprehensive Emergency Management Plan is a product of the coordinating efforts between Kent Emergency Management, the Kent Emergency Planning Committee, along with assistance from local and regional public and private agencies. This plan is intended to meet the criteria of WAC 118-30-060 and the requirements of RCW chapter 38.52.070. ' Submitted by: ' Suzette Cooke, Mayor City of Kent Date Jim Schneider, Emergency Management Director Date Tom Brubaker, City Attorney Date 7nbleofContents t7 CitYof Kent Comprehensive Emergency Plait 2010 1 CITY OF KENT, WASHINGTO N ' COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FORWARD , The City of Kent sincerely appreciates the cooperation and support from the many public and private agencies, city departments, and local Jurisdictional partners that have contributed to the revision and publication of this Third ' Edition of the City of Kent Comprehensive Emergency Management Plan (CEMP). The completion of the CEMP represents a committed and concerted effort ' orchestrated by the City of Kent Emergency Planning Committee (EPC). Kent Emergency Management would like to share our appreciation for the outstanding efforts in research, coordination and support shown by members , of the Emergency Planning Committee. During this process committee members consisting of department representatives from all disciplines have contributed their time, energy, and expertise towards developing this plan. ' The plan incorporates improvements in many areas based upon lessons learned through training and exercises, organizational commitments, and ' departmental collaboration. The end product was the identification, development, and enhancement of the City's Emergency Management capabilities. ' This plan stresses the four phases of Emergency Management as a continuum of activities necessary for minimizing the impacts of emergencies and disasters on the people, property, economy, and the environment in the ' City of Kent. It maintains that critical operations occur at the department operating level with key coordination and resource support through all layers of city, antra-zone, county, state, and federal governments. Our sincere , thanks and praise to all who have made this possible. John Hodgson, City of Kent Chief Administrative Officer , Jim Schneider, City of Kent Director of Emergency Management , Division Chief Dominic Marzano , Emergency Manager Table of Contents /it Cup of Kent Comppehensim Emergence Plan ' 2010 Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 60 1. SUBJECT: PUBLIC SAFETY TESTING, INC. SUBSCRIBER AGREEMENT - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Chief to sign the Subscriber Agreement with the Public Safety Testing in the amount of $1,000 for testing services related to Corrections Officer positions. This is an agreement between the Kent Police Department and Public Safety Testing, Inc., as the testing service for corrections officers. Public Safety Testing (PST) provides advertising, processes applications, and administers written examinations and/or physical agility tests. The contract period begins July 1, 2010 and ends June 30, 2011, unless either party withdraws from this Agreement with 45 days written notice. 3. EXHIBITS: Public Safety Testing, Inc. Subscriber Agreement i4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: POLICE DEPARTMENT Steve Strachan, Chief of Police ' • Phone. 253-856-5888 KEN T Fax: 253-856-6802 WAS„IN070H ' Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 13, 2010 TO: Public Safety Committee SUBJECT: Public Safety Testing Subscriber Agreement MOTION: I move to recommend authorizing the Mayor to sign the Public Safety Testing Subscriber Agreement. SUMMARY: This agreement between the Kent Police Department and Public Safety Testing, Inc. is the testing service for Corrections Officers. Public Safety Testing provides advertising, processes applications and administers written examinations and/or physical agility tests. The contract period begins July 1, 2010 and ends June 30, 2011, unless either party withdraws from this Agreement with 45 days written notice. The fee for the agreement is $1,000 for one year. EXHIBITS: BUDGET IMPACT: None. Public Safety Committee Public Safety Testing, Inc. ' July 13, 2010 ' Pu61k Sarfefy. Testing I SUBSCRIBER AGREEMENT I WHEREAS, Public Safety Testing, Inc. is a skilled provider of testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and ' WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and the City of Kent, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this ISubscriber Agreement under the terms and conditions set forth herein 1. Description of Basic Services. This Agreement begins July 1, 2010. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, application processing, and administration of written examinations and/or physical ability tests for (check all that apply): 0 Corrections Officer Personnel 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists Contractor will report "raw" test scores to the Subscriber — no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws I Written examination scores will be reported to the Subscriber as a percentage , score (based on 100%) and physical ability test scores will be reported as "Pass" or "Fail". The passing score for written examinations is set by the test developer at 70%. If Subscriber requires a different passing score, please check the box below and note the required passing score. ' ❑ Subscriber's passing score is: % 1.3 Appear in any administrative or civil service proceeding in order to testify to and , provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the , Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process The Contractor shall appear without additional charge The , Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing , process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. ' Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from our out of a claim , or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es) "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. 2. Fees & Term. The Subscriber elects- ❑ A one-year subscription at $1,000. ❑ A three-year subscription at a fixed rate of $1,000 annually 3. Payment Subscriber shall pay an amount equal to twenty-five percent (25%) of , the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement Payment t shall be made within 45 days of receipt of invoice. Subscriber Agreement Page l of 11 Public Safety Testing, Inc , City of Kent—CORRECTIONS 4. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor Such services shall be requested by and contracted for pursuant to separate written agreement. 5 Acknowledgements of Subscriber The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 5.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hires, this Agreement is an exclusive agreement for these services. 5.2 The written and physical agility scores of any applicant shall be valid for 12 months from the date of placement upon the Subscriber's eligibility list, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. 1 5.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber Nothing in this Agreement shall be interpreted to prohibit the 1 use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list 5.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable application fee from any and all applicants. 5.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber may link PublicSafetyTesting com on its agency's website, if it so maintains one. ' 5.6 Public Safety Testing views recruiting as a partnership with the Subscriber The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 5.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services 6. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and 41.12 RCW, all federal and state laws and regulations that prohibit discrimination in testing and hiring ' practices of the type provided by Contractor, any federal and state laws and regulations that apply to the services being provided by Contractor, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber Agreement Page 3 of 11 Public Safety Testing, Inc. City of Kent—CORRECTIONS Subscriber must meet. Tests shall also be conducted in accordance with the , general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community The ' Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. t 7. Independent Contractor. The parties intend that an Independent Contractor- , Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the , Subscriber being interested only in the results obtained under this Agreement. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. 8. Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1 2, and upon completion of the contract work, file the attached Compliance Statement. 9. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold ! the Subscriber, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement Provided, however, that nothing herein shall be interpreted to require the Contractor to indemnify the Subscriber or any officer, official, employee, , agent or volunteer for a claim or loss occasioned by the negligence, unlawful or tortious act of the Subscriber. The Subscriber's inspection or acceptance of any of Contractor's work when ! completed shall not be grounds to avoid any of these covenants of indemnification. Subscriber Agreement Page 4 of 11 Public Safety Testing,Inc City of Kent—CORRECTIONS IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Subscriber shall defend, indemnify and hold the Contractor, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees caused by the Subscriber's negligence The provisions of this section shall survive the expiration or termination of this Agreement. ' 10. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder 1 by the Contractor, its agents, representatives, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing the following insurance coverage and limits: Commercial General Liability insurance written on an occurrence basis with I limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to products/completed operations/broad form property damage, and employer's liability. Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, and independent contractors. The Subscriber shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the Subscriber Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The Subscriber shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the Subscriber as additional ' insured shall be attached to the Certificate of Insurance The Subscriber reserves the right to receive a certified copy of all the required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause Subscriber Agreement Page 5 of 11 Public Safety Testing, Inc City of Kent—CORRECTIONS stating that coverage shall apply separately to each insured against whom claim is ' made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the Subscriber and the Subscriber shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A VII 11.Termination. This Agreement terminates June 30, 201 The Contractor and , the Subscriber may withdraw from this Agreement at any time for any reason with 90 days written notice, provided, however, that the provisions of paragraphs 1 3, 6, 7 and 9 shall remain in full force and effect following the termination of this Agreement , with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. 11 .1 If the Subscriber elects to terminate this Agreement, Subscriber shall pay the Contractor an early termination fee. The purpose of this early termination fee , is to cover the direct and indirect costs of refunding and or rescheduling applicants that had signed up to test for the Subscriber The early termination fee is one-third (33%) of the annual subscriber fee as noted in Section 1 5 of this Agreement The early termination fee is in addition to any other fees agreed to by this Agreement. 12. Miscellaneous Provisions. 12.1 Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the , Subscriber requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. 122 Non-Waiver of Breach The failure of the Subscriber to insist upon strict ' performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 123 Resolution of Disputes and Governing Law. This Agreement shall be i governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for Subscriber Agreement Page 6 of 11 Public Safety Testing, Inc City of Kent—CORRECTIONS ' damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award ' provided by law, provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. 124 Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 12.5 Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the Subscriber and Contractor. 126 Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in ' the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. ' 13. Entire Agreement The written terms and provisions of this Agreement, together with any exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Subscriber, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the exhibits are hereby made part of this Agreement Should any of the language of any exhibits to this Agreement conflict with any language contained in this Agreement, the language of this document shall prevail. i l 1 Subscriber Agreement Page 7 of I I Public Safety Testing, Inc. City of Kent— CORRECTIONS This Agreement is dated this day of 20 SUBSCRIBER: CONTRACTOR: CITY OF KENT, WA PUBLIC SAFETY TESTING, INC. By: By Print: Print: Jon F Walters, Jr. Its: Its: President ' Date: Date: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Steve Strachan, Chief Jon Walters, President Kent Police Department Public Safety Testing, Inc. 220 Fourth Avenue South 20818 — 44"Ave W , Suite 160 Kent, WA 98032 Lynnwood, WA 98036 253 856 5800 (telephone) 425 776.9615 (telephone) ' 253 856.6802 (facsimile) 425 776.0165 (facsimile) Subscriber Agreement Page 8 of II Public Safety Testing, Inc City of Kent—CORRECTIONS ' DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY ' The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. ' The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. ' 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above By signing below, I agree to fulfill the five requirements referenced above Dated this day of 200_ By: Jon F. Walters, Jr For: Public Safety Testing, Inc. Title: President 1 Date December 18, 2008 Subscriber Agreement Page 9 of]] Public Safety Testing, Inc City of Kent—CORRECTIONS CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor , POLICY. Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps 1. Provide a written statement to all new employees and subcontractors indicating t commitment as an equal opportunity employer 2. Actively consider for promotion and advancement available minorities and , women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's j nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Subscriber Agreement Page 10 of 11 Public Safety Testing, Inc ' City of Kent—CORRECTIONS CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known ' as that was entered into on the 1 (date) between the firm I represent and the City of Kent. ' I declare that I complied fully with all of the requirements and obligations as Ioutlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For 1 Title: Date: i 1 ' Subscriber Agreement Page 11 of]] Public Safety Testing, Inc City of Kent—CORRECTIONS t Kent City Council Meeting Date July 20, 2010 Category Consent Calendar - 6P 1. SUBJECT: SECTOR SERVICE LEVEL AGREEMENT WITH WASHINGTON STATE PATROL - AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Police Chief to sign the Sector Service Level Agreement with the Washington State Patrol, subject to final terms and conditions acceptable to the City Attorney. tThe Agreement clarifies roles and responsibilities for the Kent Police Department and the Washington State Patrol (WSP) regarding citation and collision report processing. SECTOR has three primary parts: t . SECTOR Client software will be used to create and transmit electronic collision reports, notice of infractions, and notice of criminal citations. • SECTOR BackOffice is the application and database at WSP that accepts the above reports, infractions, and citations. • SECTOR Governance Committee controls all the applications and is made up of representatives from the WTSC, WSP, WSDOT, DOL, and Administrative Office of the Courts (AOC). Agreement approved by Law Department. 3. EXHIBITS: WSP No. C110136GSC 4. RECOMMENDED BY: Public Safety Committee 7/13/10 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes _ No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: ACTION: t WSP No C110136GSC ' SECTOR Service Level Agreement Between tKent Police Department And Washington State Patrol 1. Purpose. This Service Level Agreement (Agreement) is between the Washington State Patrol (WSP) and the Kent Police Department (a General authority Washington law enforcement agency as defined in Section 10 93 020 of the Revised Code of ' Washington, or an Office of a Prosecuting Attorney as defined in Chapter 36 27 of the Revised Code of Washington), referred to hereafter as the Agency This Agreement defines roles and expectations in regard to the Statewide Electronic Collision and Ticket Online Records (SECTOR) processes including a method for resolving technical issues 1 2. Description of SECTOR. SECTOR has three primary parts: • SECTOR Client is the application that operates on a vehicle computer or device, or a collision reviewer's workstation. SECTOR Client software will be used to create and transmit electronic collision reports, notice of infractions (NOI), and notice of criminal citations (NOCC). SECTOR BackOffice is the application and database at WSP that accepts collision reports, NOls and NOCCs The SECTOR BackOffice application coordinates updates to the SECTOR Client software The third part is all applications that receive and process collision, NOI and NOCC data as collected either through SECTOR or on paper forms. These applications are under the control of a governing organization with representatives from the Washington Traffic Safety Commission (WTSC), WSP, the Administrative Office of the Courts (AOC), the Washington State Department of Transportation (WSDOT), and the Department of Licensing (DOL). This group is known as the SECTOR Governance Committee 3. Agency Responsibilities. The Agency certifies that it operates computers to create or review vehicle collision reports and/or NOls and/or NOCCs pursuant to federal, state, and local requirements using SECTOR Client. Under this Agreement the responsibilities of the Agency are a. The Agency shall designate a Local SECTOR Administrator as the primary contact for SECTOR and who will receive SECTOR Administrator training. The Local SECTOR administrator shall Administer user accounts for Agency personnel; Accept modifications to the SECTOR Client, 1 . Document and submit recommendations for modification of SECTOR via the change request process; Manage the connection(s) needed to move data between SECTOR Client to SECTOR BackOffice applications, • Provide support for Agency users and reviewers, SECTOR User Agreement-April 2010 Page 1 • Update required Agency processes with the parameters of SECTOR • Contact WSP Information Technology Division Customer Services to initiate a work order for problem resolution and tracking. b. Agency support staff will install SECTOR Client software on Agency-owned equipment The Agency will not share the SECTOR Client with others. c. The Agency acknowledges Appendix A, Statement on Collision Records Data The Agency certifies that if it operates electronic equipment to create vehicle collision reports pursuant to federal, state and local requirements it will not disclose collision data except in compliance with federal and state law. d. The Agency will adhere to the SECTOR application standards for the computing , environment as published by WSP The Agency will make its electronic collision, NOI and NOCC reporting equipment and system secure and prevent unauthorized use The Agency will ensure Agency SECTOR equipment maintains current virus checking software If the Agency SECTOR equipment becomes infected, the Agency will take all necessary steps to remove the virus and assure the virus is not transmitted to the SECTOR server located at and j maintained by WSP. e. Agency users and reviewers will transfer collisions, NOls, and NOCCs regularly and promptly. All Agency users and reviewers will adhere to training program detailed in Appendix B, SECTOR Governance Committee Training Policies. f. The Agency will be responsible for all required hardware and software purchases for the Agency use of the SECTOR Client application and the transmittal of collision reports, NOIs, and NOCCs to WSP, including Agency personnel, operating, maintenance, and data transmission costs. Any costs associated with the Agency interfacing with SECTOR BackOffice will be the responsibility of the Agency g. If the Agency is an Office of a Prosecuting Attorney, Agency users will not utilize the SECTOR client to create collision reports 4. WSP Responsibilities. WSP provides support for SECTOR Client and SECTOR BackOffice computing environment Under this Agreement the responsibilities of WSP are: a. WSP will provide SECTOR Client software to the Agency at no charge. Maintenance of the SECTOR Client application is provided by WSP, including maintaining compliance with the business rules, data formats, and standardized collision report forms WSP will provide the Web uniform resource locator(URL) address for connection to the SECTOR BackOffice application and security information to the Local SECTOR Administrator to assure client connectivity WSP will provide a secure environment for collision, NO], and NOCC data, and retain this data according to federal and state laws and regulations. WSP will also provide to the Agency any evasive action required to protect the SECTOR computing environment from significant risk. SECTOR User Agreement-April 2010 Page 2 i b. WSP will create Local SECTOR Administrator Account; train the Local SECTOR Administrator, and assist the Local SECTOR Administrator in administration of agency accounts c. WSP will provide a change request/control process; coordinate change requests describing issues or enhancements through the SECTOR Governance Committee, provide notification of application modifications; transmit NOls and NOCCs to AOC, and transmit collision reports to DOT and DOL. I d. WSP reserves the right to review and approve Agency equipment security measures, and to suspend or withhold service until such matters are corrected to the reasonable satisfaction of WSP This includes validation of current virus checking software packages. e. WSP will support SECTOR Governance Committee sanctioned training f. WSP Information Technology Division Customer Services will provide first level telephone support twenty-four(24) hours-a-day, seven (7) days-a-week to assist the Agency in resolving problems with the SECTOR application This support is limited to resolutions for routine questions on the SECTOR Client application and processes, including troubleshooting and password resets, and using pre-defined policies and procedures Items not immediately resolved by WSP will be moved to a higher level of support within WSP, this higher level of support is provided during regular business hours, Monday through Friday 5. Project Contacts. WSP and Agency points of contact for this Agreement are identified in Appendix C, Protect Contacts 6. Changes and Modifications. Except for changes to the points of contact information contained in Appendix C, changes in this Agreement are not in effect unless agreed upon by both WSP and the Agency However, the Agency agrees to comply with changes in data formats, report forms and other business rules as required by WSP The Agency will be notified when any changes or updates to these requirements occur The revising party shall notify the other party of any changes to Appendix C within five (5) business days of the change taking affect 7. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws B. WSP Staffing. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 9. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized Isubcontractor(s) while performing under this Agreement SECTOR User Agreement-April 2010 Page 3 t 10. Period of Performance. This Agreement becomes effective on the date of the last ' signature and continues until June 30, 2015, or until termination as provided herein. 11. Termination. Except as otherwise provided in this Agreement, either party may >� terminate this Agreement by giving ninety (90) calendar days written notification of termination to the other party If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination 12. Disputes. In the event that a dispute arises under this agreement, it shall be determined in the following manner The Chief of the WSP shall appoint one member to the Dispute Board. The Agency shall appoint one member to the Dispute Board. The Chief of the WSP and the Agency shall jointly appoint an additional , member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute The determination of the Dispute Board shall be final and binding on the parties hereto. 13. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order, applicable federal and state statutes and regulations; the terms and conditions contained in this Agreement, any other provisions of the Agreement, whether incorporated by reference or otherwise. 14. Complete Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. The parties signing below warrant that they have read and understand this Agreement, and have the authority to enter into this Agreement STATE OF WASHINGTON KENT POLICE DEPARTMENT WASHINGTON STATE PATROL Signature Signature Date Date Printed Name and Title Printed Name and Title ' APPROVED BY THE OFFICE OF THE ATTORNEY GENERAL 4/2 712 0 1 0 Appendices: Appendix A - Statement on Collision Records Data Appendix B - SECTOR Governance Committee Training Policies Appendix B - Project Contacts SECTOR User Agreement-April 2010 Page 4 APPENDIX A Statement on Collision Records Data In 1938 Washington State law(currently RCW 46.52 060)authorized the Washington State Patrol (WSP) to file, tabulate and analyze collision reports, and to produce certain statistical information about collisions. For the next thirty years WSP maintained a largely manual system for filing collision reports generated over approximately five-year periods. WSP also produced some limited statistical collision data, primarily fatality and accident rate summaries, using paper punch card technology. Analysis of collision data for highway safety purposes was not possible because Washington State did not have a uniform collision report; data on collision reports was primitive and inconsistent; collision reports were not coded by precise roadway location; and no computerized database system existed In 1966 and 1973 the federal government enacted laws requiring states to create computerized collision databases in order to analyze the need for highway safety improvements; and to participate in federal programs to fund those improvements These federal laws and their associated funding provided for states to adopt uniform collision reports containing detailed highway safety coding, and provided that information from these reports would be maintained in a computerized collision database with precise location coding of all collisions These laws were implemented jointly by WSP and the Washington State Department of Transportation (WSDOT). Beginning in approximately 1970 WSP collected collision reports and entered the raw data into a computer The data was then transferred to WSDOT for the creation of the collision database required under federal law WSP maintained copies of individual collision records as well as its database, while WSDOT maintained their own collision database The WSP and WSDOT systems for filing individual collision reports, the entry of raw data into a computer, and the creation of the collision database remained unchanged until 1996 By this time the original WSP computer system used for data entry and storage and retrieval of collision records had become obsolete An attempt to convert to an optical character recognition system was not successful. After an extensive discussion between WSP, WSDOT and the Washington State Office of Financial Management, the agencies concluded that functions related to the maintenance of copies of collision reports and computer input of raw collision report data could be most efficiently performed by WSDOT in conjunction with its already existing collision 1 database function Beginning in 2002, WSDOT not only created the collision database required by federal law but also, pursuant to an interagency agreement with WSP, began entering all raw collision data into WSDOT's computer Pursuant to this interagency agreement, WSDOT also began work to develop an electronic imaging system to store and retrieve copies of individual collision reports This imaging system was implemented in May 2003 The current system for filing paper collision reports and creating the collision database will remain in effect until WSP, WSDOT and separate law enforcement agencies enter into a SECTOR Service Level Agreement to allow Agencies to file collision reports and transmit collision report data electronically to WSDOT The Statewide Electronic Collision and Ticket Online Records (SECTOR) application was developed through a collaborative partnership that includes WSP, WSDOT, the Administrative Office of the Courts, the Department of Licensing, and local law enforcement agencies SECTOR enables law enforcement officers to create electronic collision reports and other forms in SECTOR User Agreement-April 2010 Page 5 the field, pursuant to federal, state and local requirements. This data is then transferred to a central database where it is available for review, analysis and reporting by law enforcement agencies The Department of Licensing is an agency of the State of Washington authorized by law (RCW 46.52.030) to receive full access to collision reports for purposes of maintaining case records under RCW 46.52 120, for supplying abstracts of driving records under RCW 46,52.130, and to administer financial responsibility requirements when drivers are involved in traffic collisions under chapter 46 29 RCW. To perform these functions, they must review collision reports that are filed by law enforcement agencies and citizens. Federal law prohibits data compiled or collected for purposes of complying with federal highway safety laws from being used in any action for damages arising from any occurrence at a location mentioned in the data (Pierce County v. Gudlen, 537 U.S 129 (2003). Accordingly, collision data may not be disclosed unless a requestor acknowledges that the data will not be used in any action for damages arising from any occurrence at a location mentioned in the report. , 1 1 SECTOR User Agreement-April 2010 Page 6 APPENDIX B SECTOR Governance Committee Training Policies Training Requirements 1. Every Agency that elects to use SECTOR must designate one person (up to three)to attend a Governance Team sponsored SECTOR Training Course This ensures that each Agency using SECTOR will have at least one individual who has received training through the Governance Team sponsored SECTOR Training Course An Agency may send more than three officers/deputies to Governance Team sponsored SECTOR Training Course when additional seats are available. 2. Individuals who have attended the Governance Team sponsored SECTOR Training Course should assume responsibility for training other users within their Agency. 3. Training courses conducted within an Agency must be coordinated with the SECTOR Training Coordinator. Training Recommendations 1. Individuals conducting training within their Agency should be proficient with the SECTOR application prior to training additional users by using SECTOR for at least 90 days prior to conducting training. Agencies can request assistance from WSP or other agencies for training. 2. Agencies must designate a SECTOR point-of-contact through whom all SECTOR support questions will come to the WSP help desk. This point-of-contact will most often be the Agency's designated Local SECTOR Administrator For urgent SECTOR issues or questions during non-standard work hours SECTOR users may contact the WSP Information Technology Division Customer Services 3. Each Agency SECTOR User should receive training with the current version of the course materials and according to established course standards. These include a. Course manuals & exercises b. Training materials c Suggested course duration (2 days) d. SECTOR Training evaluation form (optional) ' 4. Individuals who have attended a Governance Team sponsored SECTOR Training Course and are experienced in the use of SECTOR are encouraged to serve as trainers in future Governance Team sponsored SECTOR Training Courses or with other agencies. 5 Recommendations for improvements to SECTOR should be directed to the Agency's Local SECTOR Administrator The Local SECTOR Administrator sends recommendations/feedback to WSP. SECTOR User Agreement-April 2010 Page 7 APPENDIX C ' Project Contacts 1. For WSP: Technical issues and change requests: Information Technology Division Customer Services Group Telephone (360) 705-5999 E-mail ITDCustomerServicesGroup(a-)wsp wa go v or ITDHelp(a-)wsp wa gov Service Level Agreement issues: Ms. Pat Ramsdell T Information Technology Division Washington State Patrol , Street Address. 403 Cleveland Avenue, Suite C, Tumwater WA 98501 Mailing Address PO Box 42622, Olympia WA 98504-2622 Telephone (360) 705-5170 E-mail: pat ramsdell(@wsp wa gov 2. For the Agency: Technical issues and change requests: Pau D n (253 56-4611 pdu ci kent wa.us Service Level Agreement issues: i Sergeant Robert Constant (253) 856-5882 Constant@ci.kent.wa.us SECTOR User Agreement-April 2010 Page 8 i Kent City Council Meeting Date July 20, 2010 Category Bids - 8A 1. SUBJECT: DANIEL AND HORIZON SAFE WALKING ROUTES TO SCHOOL 2. SUMMARY STATEMENT: The bid opening for this project was held on July 7, 2010, with seven (7) bids received. The low bid was submitted by Construct Company, in the amount of $537,384.28. The Engineer's estimate was $914,347.19. 3. EXHIBITS: Public Works Memo dated 7/14/10 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to award the contract for the Daniel & Horizon Safe Walking Routes to School project to Construct Company, in the amount of $537,384.28, and authorize the Mayor to sign all necessary documents. DISCUSSION: ACTION: i PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A 5 H I N G T O N Kent, WA 98032-5895 Phone 253-856-5500 Fax- 253-856-6500 DATE: July 14, 2010 TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E., Public Works Director RE: Daniel & Horizon Safe Walking Routes to School The bid opening for this project was held on July 7, 2010 with seven (7) bids received. The low responsive bid was submitted Construct Company, in the amount of $537,384.28. The Engineer's estimate was $914,347.19. The Public Works Director recommends awarding this contract to Construct Company. Bid Summary: i1. Construct Company $ 537,384.28 2. Titan Earthworks $ 544,956 00 3. Road Construction Northwest $ 615,650.64 4. Westwater Construction $ 630,420.00 5. Hoffman Construction $ 622,700.51 6. R.W. Scott $ 671,450.75 7. Kar-Vel Construction $ 743,779.00 Engineer's Estimate $ 914,347.19 U \PWCGmmittee\2010\ToCounn1\07 20 10 doc t Kent City Council Meeting t Date July 20, 2010 Category Bids - 8B 1. SUBJECT: 640 ZONE RESERVOIR 2. SUMMARY STATEMENT: The bid opening for this project was held on July 8, 2010, with three (3) bids received. The low bid was submitted by T. Bailey, Inc., in the amount of $3,904,989. The Engineer's estimate was $3,943,368.75. i t 3. EXHIBITS: Public Works memo dated 7/14/10 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to award the contract for the 640 Zone Reservoir project to T. Bailey, Inc., in the amount of $3,904,989, and authorize the Mayor to sign all necessary documents. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address- 220 Fourth Avenue S. WASHINGTON Kent, WA 98032-5895 Phone 253-856-5500 Fax• 253-856-6500 DATE: July 8, 2010 ' TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E., Public Works Director ! RE: 640 Pressure Zone The bid opening for this protect was held on July 8, 2010 with three (3) bids received. The low responsive bid was submitted by T Bailey, Inc , in the amount of $3,904,989.00 The Engineer's estimate was $3,943,368.75. The Public Works Director recommends awarding this contract to T Bailey. Bid Summary: 1. T. Bailey, Inc. $3,904,989.00 2. Award Construction, Inc $4,275,644.31 3. Landmark Structures $4,780,003.50 Engineer's Estimate $3,943,368.75 U \PWCommrttee\2010\ToCouna1\07 20 10 doc Kent City Council Meeting Date July 20, 2010 Category Bids - 8C 1. SUBJECT: 2010 MISCELLANEOUS SANITARY SEWER & MISCELLANEOUS WATER MAIN IMPROVEMENTS 2. SUMMARY STATEMENT: The bid opening for this project was held on July 13, 2010, with seven (7) bids received. The low bid was submitted by Kar-Vel Construction, in the amount of $1,694,560.06. The Engineer's estimate was $2,387,489.98. 3. EXHIBITS: Public Works memo dated 7/14/10 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? Currently in the Budget? Yes X No 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to award the contract for the 2010 Misc. Sanitary Sewer and Misc. Water Main Improvements project to Kar-Vel Construction, in the amount of $1,694,560.06, and authorize the Mayor to sign all necessary documents. DISCUSSION: ACTION: PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KEN T Address: 220 Fourth Avenue S. W A 5"I "G T°" Kent, WA 98032-5895 Phone• 253-856-5500 Fax, 253-856-6500 DATE: July 14, 2010 TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E., Public Works Director RE: 2010 Misc. Sewer and Misc. Water Main Improvements The bid opening for this project was held on July 13, 2010 with seven (7) bids received. The low responsive bid was submitted Kar-Vel Construction, in the amount of $1,694,560.06 The Engineer's estimate was $2,387,489 98. The Public Works Director recommends awarding this contract to Kar-Vel Construction. Bid Summary• 1. Kar-Vel Construction $ 1,694,560.06 ,. a 2. Road Construction Northwest $ 2,095,888.56 3. Titan Earthwork $ 2,047,878.71 4. Jennings Northwest LLC $ 2,077,509 93 5. DPK Inc. $ 2,252,630.55 6. Rodarte Construction $ 2,253,545.34 7. Westwater Construction Company $ 2,390,301.50 Engineer's Estimate $ 2,387,489.98 U \PWCommittee\2010\Tocouna1\07 20 10 doc i 1 REPORTS FROM STANDING COMMITTEES AND STAFF 1 A. COUNCIL PRESIDENT rB. MAYOR C. OPERATIONS COMMITTEE ' D. PARKS AND HUMAN SERVICES COMMITTEE E. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE 1 F. PUBLIC SAFETY COMMITTEE i 1 G. PUBLIC WORKS COMMITTEE rH. ADMINISTRATION t r ' REPORTS FROM SPECIAL COMMITTEES r i 1 t 1 l KENT WASHINOTON OPERATIONS COMMITTEE MINUTES JUNE 15, 2010 Committee Members Present: Debbie Raplee, Jamie Perry, Les Thomas. ! The meeting was called to order by Thomas at 4:04 p.m. 1. APPROVAL OF MINUTES DATED JUNE 1, 2010 Raplee moved to approve the minutes of the June 1, 2010 Operations Committee meeting. Perry seconded the motion, which passed 3-0. ' 2. APPROVAL OF VOUCHERS DATED MAY 31, 2010 Perry moved to approve the vouchers dated May 31, 2010. Raplee seconded the ' motion, which passed 3-0. 3. MOVE TO RECOMMEND THAT THE QWEST TELEPHONE SWITCH MAINTENANCE CONTRACT AGREEMENTS BE PLACED ON THE CONSENT CALENDAR FOR THE JULY 6, 2010 CITY COUNCIL MEETING AUTHORIZING THE MAYOR TO SIGN A ONE YEAR CONTRACT WITH QWEST, WITH ANNUAL RENEWAL OPTIONS FOR AN ADDITIONAL FOUR YEARS. ' The City's telephone switching equipment, while managed by the Information Technology Department, is maintained by contracted outside vendors who are responsible for performing preventive and restorative hardware and software maintenance on the equipment. Verizon was the contracted provider. After the contract ended, An RFP was issued and Qwest was selected as the most responsive vendor in terms of pricing as well as ' services offered The contact is a one-year agreement, with options to renew annually for four additional terms. The contract goes into affect mid July after Council approves it. Raplee moved to recommend that the Qwest telephone switch maintenance contract agreements be placed on the consent calendar for the July 6, 2010 city council meeting authorizing the mayor to sign a one year contract with Qwest, with annual renewal options for an additional four years. Perry seconded the motion, which passed 3-0. 4. UPDATE ON LIABILITY INSURANCE BROKER SELECTION. NO ACTION. ' Chris Hills, Risk Manager, provided an update on the Liability Broker selection. The City will be moving from membership in Washington Cities Insurance Authority (WCIA) I to the Commercial Insurance market for Liability coverage in 2011. Selecting a broker to acquire this coverage on the City's behalf is the first major step toward a new program. The City of Kent has been a member of WCIA for 27 years and was one of the original founders. It was decided to leave the pool after a substantial increase in our premiums and the new size of Kent with annexation. There were 5 proposals received in response to the issued RFP. The top three were interviewed. Alliant was the selected broker They are the 11th largest brokerage in the U.S. specializing in public entity business. Hills original estimate for the broker fee was $50,000. Alliant's fee is $35,000. The contract is being reviewed with city attorney, Tom Brubaker for approval at the July 6 Operations committee. The next step will be to analyze the City's loss and what risk the city is willing to accept. Based on this information, Alliant will select a third party administrator to review claims. Operations Committee Minutes June 1, 2010 Page: 2 S. DISCUSSION OF PROPOSED BUDGET CALENDAR FOR THE 2011 BUDGET. Bob reviewed with Council the 2011 budget calendar and council's notes from their 2011 budget workshop that listed issues they would like to see addressed in the 2011 budget. Bob noted the schedule is one month behind and approval for the budget will be at December's council meeting. At this point, Bob is seeking input from council on any changes they would like to have on the calendar Thomas suggested the option of another budget workshop prior to the final be discussed between Council President and Nachlinger. Hodgson explained the Budget Call and CIP Kick-Off. Perry noted council may want to attend the staff budget kick off and share their direction. , The calendar was approved pending any changes considered by other council members. The meeting adjourned at 4:23 p.m. by Thomas. , Pamela Clark , Operations Committee Secretary Page 1 i City of Kent • Parks and Human Services Committee Meeting en KENT Minutes of June 10, 2010 YrA>N/Yb10N Council Committee Members Present: Chair Debbie Ranniger, Elizabeth Albertson and Dennis Higgins Debbie Ranniger called the meeting to order at 5:00 p.m. 1. Minutes of May 13, 2010 - Approve 1 Elizabeth Albertson moved to approve the minutes of May 13, 2010. Dennis Higgins seconded. The motion passed 3-0. 2. King Conservations Maintenance Intern Grant - Authorize As part of the Adopt-A-Park Program, staff applied for and received a grant from the King Conservation District to hire a maintenance intern to weed and ' water over 700 native trees and shrubs that were planted at Clark Lake Park and Lake Fenwick Park during 2008 and 2009. They need about two years to get fully established. The maintenance intern will water and weed over the I summer months and then continue removing invasive species at the two parks, working 10 hours per week through December 31, 2010. This is an annual grant program. 1 Dennis Higgins moved to recommend Council accept the $6,352.00 King Conservation District Maintenance Intern Grant and authorize the expenditure of funds in the Adopt-a-Park budget. Elizabeth Albertson seconded. The motion passed 3-0. 3. King County ASA Umpires Association Agreement - Authorize ' Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Due to the high number of teams playing in league games covered by ' the King County ASA Umpires Association, the 2010 contract will likely exceed $25,000.00 and need Council approval. This is a full cost recovery program. There are no Umpire Associations in Kent, so this contract is exempt from the guidelines of the Local Preference Ordinance. Elizabeth Albertson moved to recommend authorizing the Mayor to sign the King County ASA Umpires Association Agreement for the 2010 season. Dennis Higgins seconded. Motion passed 3-0. 4. Washington State Slo-Pitch Umpires Association Agreement - Authorize Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Due to the high number of teams playing in league games covered by the Washington State Slo-pitch Umpires Association Agreement, the 2010 ' contract will likely exceed $25,000.00 and need Council approval. This is a Page 2 ! ' full cost recovery program. There are no Umpire Associations in Kent, so this contract is exempt from the guidelines of the Local Preference Ordinance. Dennis Higgins moved to recommend authorizing the Mayor to sign the Washington State Slo-pitch Umpires Association Agreement for the 2010 season. Elizabeth Albertson seconded. The motion passed 3-0. 5. Riverbend Golf Complex HVAC - Informational To review, in 2007, McKinstry Essention, an Energy Services Company, was ' hired to audit several of our aging HVAC systems which helped us develop a Ten-Year HVAC Replacement Plan. That plan was a mixed services approach with some of the smaller projects done in-house with our own staff and some ' of the larger buildings with more difficult systems contracted out. Riverbend was one of those we determined should be contracted out. McKinstry developed a proposal to replace the units, and looked at switching to a Ground Source Heat Pump system. The Senior Center, the Centennial Building and a number of fire stations are in the process of HVAC renovations. , The HVAC project at Riverbend still needs to be resolved. The preference is to install a Ground Source Heat Pump system. Though it is approximately $250,000.00 more than just replacing the system, it offers several advantages: the heat pumps would be installed above the breeze way and ducted into the Pro Shop and Restaurant area, allowing the least amount of disruption to the restaurant at the time of installation, as well as future maintenance of the system; the additional investment would be returned over the life of the heat pumps with energy savings; and it would free up power that could allow us to , switch to electric golf carts, helping to reduce the City's carbon footprint in the future. The current energy costs are very high, so this renovation will benefit the city, as well as the new restaurant tenants. ' Estimated cost of the project is $1.2M. The city is eligible for grant funding from the State through the "American Recovery and Reinvestment Act" that reimburses 65% of the interest costs to borrow money for the project. Staff is ' proposing the remaining funds come from a 20-year bond and the Riverbend Enterprise Fund. Debbie Ranniger confirmed that the 20-year debt service for Riverbend ends this year, creating another source of funding to reinvest back ' into the golf course. Dennis Higgins asked if local contractors will be used. Jeff responded that Capital , projects of this size and scale are held to the State Procurement Laws that supersede the Local Preference Ordinance and follow the standard advertised bidding process. , Superintendent Pete Petersen and Jeff are putting together a 5-Year Capital Plan that will outline proposed projects at Riverbend. Dennis requested an overview , of current heating costs at Riverbend and an estimate of time to recover the $1.2M. Jeff will report back to the Committee with a list of future projects, current heating/cooling costs, and a funding plan. I Page 3 6. Director's Report Jeff distributed copies of the adopted Parks and Open Space Plan, stating that it will assist staff in mapping park planning goals and policies for the coming years. ' Special Olympics Special Olympics was held at Ft. Lewis with a team of 38 Kent athletes, bringing home 20 gold, 10 silver and 15 bronze medals. Community Center at Phoenix Academy The Community Center at Phoenix Academy continues to see growth and will top 10,000 visits from teens by the end of the school year. This facility was the former Sequoia Middle School site. When the Kent School District ' changed over the Phoenix Academy, the west side of the building was freed up for youth/teen staff to run a community center, afternoons and evenings from 4:00 p.m. to 10:00 P.M. Most of our programs are scheduled in the valley and transportation can be a challenge. We are most successful when we take our recreation programs into the community and this program has been a very popular with teens in the East Hill corridor. Community Gardening The Community Garden continues to be very popular this year, with all garden spaces filling up quickly. Staff is looking at ways to partner in the Turnkey Park area for a community garden. Dance Recital The Spring Ballet and Dance Recital brought in 400 participants and 1,200 spectators to Kent Lake High School last weekend. 1 Weather Due to the unprecedented rainy weather, we are nearing record numbers for rainouts in our adult softball program - nearing 250 this season so far. This has been a challenge on our Recreation and Park Operations staff. All the games will be re-scheduled. Lake Meridian 1 Also impacted by the rainy weather and high water levels on Lake Meridian, both boat launches are closed. Wake activity puts a risk of erosion on the shoreline. Public Works Environmental staff is handling the outfall and the ' careful balance of how much water is released on the lake. All boating activity has been closed until the water levels decrease. ' The meeting adjourned at 5:23p.m. Submitted by, T ery Petrol& Terf Petrole, Council Committee Secretary KENT WAS 14[.GTCA 1 ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE I MINUTES June 14, 2010 ' Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger. Chair Perry called the meeting to order at 5:06 p.m. 1. APPROVAL OF MINUTES I Councilmember Ranniger MOVED and Councilmember Albertson SECONDED to approve the May 10, 2010 Minutes. Motion PASSED 3-0. 2. Downtown Zonina ' Planning Manager Charlene Anderson gave an overview of the Downtown Zoning as well as the goals and policies for downtown. The main themes for downtown are: focus of regional ' household and employment growth; i.e. public, private and nonprofit partnerships, i.e. compact urban development with mix of uses and housing opportunities; 1 e multi-modal transportation and other public facilities to support a mixed use Urban Center and provide links to neighborhoods, parks and trails; good design, historic preservation, aesthetics, i.e. reasonable balance between parking supply and demand, recognizing proximity to travel modes other than auto; i e pedestrian orientation which provides street level access to retail and service uses; i.e. public buildings and events. Within the Downtown Strategic Action Plan, a Subarea plan, there are several districts: the Core Districts of North, South, and Historic Core, the districts that frame the Core, and the Central Corridor. Many of the action items have been completed in the Strategic Action Plan, along with many that are still ongoing. There also are many action items left to do, including construction of housing, realizing the significant redevelopment opportunities ' available, street improvements beyond the Historic and North Core Districts, paths between the Interurban Trail and the core districts, completing the downtown gateway improvements, and others. 1 The principal zoning districts in the downtown are Downtown Commercial Enterprise (DCE), the Downtown Commercial (DC) historic core, and General Commercial/Mixed Use (GC/GC- MU) along Central Avenue Within the DCE zoning district, drive-thru eating establishments require a conditional use permit and must be located in buildings of at least two stories. The DCE zoning district allows unlimited height. The Historic Core has a height limit of four stories or 60 feet height limit. Principally permitted uses in the Central Corridor are mostly ' regional retail and service uses, with an auto orientation. Ms. Anderson also gave an overview of design guidelines for downtown. There are street design & construction standards for downtown. Furthermore, utilities in downtown are required to be underground. There is an ongoing process to get all utilities underground throughout the city. 1 It was directed by the Committee for staff to add Downtown Zoning to the work plan, with the work to be completed in conjunction with the Economic Development Strategic Plan. The Committee also wants staff to look at minimum height regulations not only for drive up 1 restaurants but also for other buildings, with the vision in mind to move toward a variety of heights. z t 3. Zoning Density Rounding Calculation t Planning Manager Charlene Anderson explained how staff is currently determining maximum allowable density, considering zoning density rounding. The calculation is done by taking the gross land area of the site and multiplying that times the dwelling units per acre (that are allowed in the zone). If the calculation is above .5 it will round to the next allowable dwelling unit, if it is .5 and below it will round down. Concerns have been raised about allowing rounding. Staff would like a policy decision on how Council would like staff to calculate maximum allowable density on a site. Statistics were given on how many rounding requests there have been, and a comparison of what other cities do. Staff asked if , Council would like staff to proceed with review of this issue and bring it to the Land Use and Planning Board after further research The Committee stated the concern of the residents seems to be the small plats. The focus should be on the smaller plats so it will be respectful of the existing neighborhoods. The Committee asked staff to explore the Kenmore example further. Staff will also look for other examples. Councilmember Albertson MOVED to authorize/direct staff to proceed with review , and recommendation of options for calculating maximum allowable density. Councilmember Ranniger SECONDED, Motion passed 3-0. 4. Panther Lake Annexation Interlocal Agreement with King County , Planning Director Fred Satterstrom presented the most current version of the proposed Interlocal agreement between the City of Kent and King County for the Panther Lake , Annexation area. King County sent a copy of a proposal last April and staff has been working with King County since then. The purpose of this Interlocal agreement is to facilitate a smooth transition from King County governance to the City of Kent. Attached are agreements on governance which cover the transfer of records, police, jail, district court ' services along with the permitting process. The Property Transfer ILA deals with is road related properties, twenty one green belts and open spaces, four parks, and a list of personal property. King County looks at the Governance and Property Transfer ILA as one ' Interlocal. Council had questions on the North Meridian Park Property and the street overlay monies. , Chief Administrate Officer John Hodgson stated neither the street overlay nor the park property is tied to the Interlocal. For the park property in question, King County's contention is that this is not a park and will not be transferred It could be possible for the City of Kent to purchase the land if it is not included in the Interlocal The County has also pulled the money for the Street overlay program out of the agreement. The County is still trying to determine if the 40-acre property can be listed as a park, but they have stated they will not be able to complete all the research prior to July 1. If the 40 acres in question is included in the Interlocal, the County will not sign the agreement, stated Assistant City Attorney Kim Adams Pratt. Council is requesting clarification on whether the ' parcel is a park or not. Hodgson suggested we have language in the motion that denotes the perceived park parcel, the 40 acres of County-owned property north of North Meridian Park. Staff will bring a modified motion to Council at the next meeting. Council requested clarification on whether they can sign all other parts of the agreement but the Property , Transfer. Hodgson stated the County will not accept that. Council took no action on this. Committee recommends forwarding the ILA documents to the full Council with no recommendation. 1 3 1 5. Adoption of County Fee Schedule Planning Director Fred Satterstrom explained the interlocal agreement with King County for the Panther Lake annexation concerning the County Fee Schedule. The County will be handling certain building and building-related permits after the effective date of the annexation which is July 1, 2010. In order for the County to continue to process the projects already at the County, and to charge fees appropriate for those permits after July 1, the City must authorize the County to do so by ordinance. Without the passing of this Iordinance, King County would not be able to charge fees. Councilmember Albertson MOVED to recommend the City Council approve the attached ordinance, subject to approval of the interlocal agreement which adopts the King County fees ordinance and authorizes the County to charge applicable permit fees relative to permits that the County by interlocal agreement, will continue to process following annexation of the Panther Lake Area. Councilmember Ranniger SECONDED. Motion passed 3-O. Adiournment Council Chair Perry Adjourned the Meeting at 6:30 p.m. tJulie Pulliam Economic & Community Development Committee Secretary P\Planning\ECDC\2010\MmutesWgd410 Mm doc i 1 1 i r KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES June 8, 2010 1 COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair • The meeting was called to order by Chair Harmon at 5.03 PM. • Chair Harmon noted one additional item for the agenda from Police. • Elizabeth Albertson is attending for Dennis Higgins' excused absence. 1. Approval of Minutes L. Thomas moved to approve the minutes of the May 11, 2010 meeting. The motion was seconded by E. Albertson and passed 3-0. 2. Bullet Proof Vest. Bureau of Justice Assistance grant application - AUTHORIZE Deputy Chief of Police Mike Painter stated grant provides fifty percent of the replacement vest cost for the police officers. E. Albertson moved to authorize the Kent Police Department to apply for the FY 2010 Bureau of Justice Assistance Bulletproof Vest (BVP) grant. The motion was seconded by L. Thomas and passed 3-0. 3. Washington Traffic Safety Commission Law Enforcement Liaison Memorandum ' of Understanding - ACCEPT and AUTHORIZE Deputy Chief Painter explained the purpose of the memorandum. L. Thomas moved to authorize the Chief of Police to sign the Washington Traffic Safety Commission Memorandum of Understanding which designates a Law Enforcement Liaison for the South King County Target Zero Task Force and to accept grant funds not to exceed $5,000. The motion was seconded by E. Albertson and passed 3-0. 4. Interlocal Agreement, Valley Civil Disturbance Unit - AUTHORIZE Deputy Chief Painter and Deputy City Attorney Pat Fitzpatrick explained the purpose of the multi-jurisdictional unit and agreement. E. Albertson moved to recommend that Council authorize the Mayor to sign the Interlocal Cooperative Agreement for the Valley Civil Disturbance Unit. The motion was seconded by L. Thomas and passed 3-0. S. Traffic School update - INFO ONLY ' Deputy Chief Painter state citizens who attended the class have given very positive feedback on the class content and instructors. 6. Safe Rental Housing Program Background Check Requirement Ordinance - ADOPT Deputy City Attorney Pat Fitzpatrick and Deputy Chief Painter explained the proposed ordinance amending the current Kent City Code. L. Thomas moved to recommend Council adopt the proposed ordinance amending Kent City Code section 5.14.120(B)(1)(c) to remove the requirement that a participant in the City's Safe Rental Housing Program prohibit employment to any employee who has been convicted of a felony within the past 10 years, and to instead require that a third-party background check of any manager or onsite employee be performed. The motion was seconded by E. Albertson and passed 3-0. 7. Standardize Addressinq of Buildings and Naming of Roads Ordinance - ADOPT Fire Marshall Jon Napier explained the purpose of the ordinance. L. Thomas moved to recommend Council adopt the proposed ordinance which repeals the existing Chapter 14.10 of the Kent City Code and enacts a new Chapter 13.06 of the Kent City Code to standardize the addressing of buildings and naming of roads for public safety purposes. The motion was seconded by E. Albertson and passed 3-0. S. King County Office of Emergency Management Grant - ACCEPT and AUTHORIZE Dominic Marzano, Division Chief of Emergency Management explained the grant funds will be used to provide a Zone Coordinator E. Albertson moved to recommend that Council authorize the Mayor to sign the Contract with King County Office of Emergency Management and accept the reimbursable grant monies not to exceed $100,000. The motion was seconded by L. Thomas and passed 3-0. 9. Terrorism Research Center Consultant Services Agreement -AUTHORIZE Dominic Marzano explained this agreement is for hiring the Zone Coordinator L. Thomas moved to recommend that Council authorize the Mayor to sign the Consultant Services Agreement with Terrorism Research Center to enhance Zone 3 Emergency Management Planning. The motion was seconded by E. Albertson and passed 3-0. 10. Emergency Management Performance Grant - ACCEPT and AUTHORIZE Dominic Marzano explained the purpose of the grant funds. E. Albertson moved to recommend accepting the grant from the State of Washington Military Department, Emergency Management Division in the , Amount of $94,532 and authorizing the Mayor to sign the contract. The motion was seconded by L. Thomas and passed 3-0. 11. Fourth of July Fireworks Plan - INFO ONLY Jon Napier and Lt. Rafael Padilla spoke about the plan for Fire and Police to work together in the community to promote a safe holiday. Added items: , 12. Washington State Parks Department grant award - ACCEPT Deputy Chief Painter stated funds are for police officer overtime on marine patrol. E. Albertson moved to authorize the Kent Police Department to accept the Washington State Marine Law Enforcement Grant in the amount of $14,398. , The motion was seconded by L. Thomas and passed 3-0. 13. INFO ONLY - Parking Fines - Deputy Chief Painter stated that city parking fines , have not been increased for 20 years and that an Ordinance will be presented at Operations Committee this summer to increase parking fines. 14. INFO ONLY - New Law on Cell Phone Use - Deputy Chief Painter remarked the new law on cell phone use goes into effect statewide on June 101" The meeting adjourned at 5:55 PM. Jo Thompson, Public Safety Committee Secretary Public Safety Committee Minutes 2 June 8, 2010 1 PUBLIC WORKS COMMITTEE MINUTES Monday, June 21, 2010 jCOMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:02 p.m. ITEM 1 — Approval of Minutes Dated June 07, 2010: Committee Member Harmon moved to approve the minutes of June 7, 2010. The motion was seconded by Higgins and passed 3-0. ITEM 2 — Information Only/Solid Waste Contract Update: Kelly Peterson, AICP, Environmental Conservation Supervisor, provided the Committee with an update to the current contract negotiations with Allied Waste. He stated that negotiations are going very well and negotiate will include the Panther Lake Annexation Area. This will result in contract for the entire City. Peterson noted that the original Request for Proposals (RFP) only sought proposals for the then current City limits and did not include the Panther Lake Annexation Area. He stated that since Allied Waste is the existing hauler in the annexation area, the City has the opportunity to include the entire City and the Panther Lake Area under a single contract beginning April 1, 2011, rather than managing two separate contracts with separate rates. Staff anticipates this item will come back to the Committee on July 19, 2010, for their consideration. No Motion Required/Information Only ITEM 3 — Application to Vacate Un-Opened S. 2681h St. (East of 40th S. & West of 42nd Ave. S. 1 Chad Bieren, City Engineer stated that the Federal Way School District, is seeking vacation of S. 2681h Street to place portable classrooms upon portions of the roadway. They will first need to realign private utilities and the water line. Part of the recommendation of the vacation is to have ' a trail maintained in the area so that students may access the school. Once the trail is placed the school district will maintain it Higgins said that he would also like to see 42nd Ave. be vacated as well. Harmon asked if the school district will receive any money from the vacation. Susan Jensen, Assistant City Attorney stated that she does not contemplate that any money will be exchanged. Higgins moved to recommend Council adoption of a resolution setting a public hearing date of Tuesday, August 3, 2010 to consider vacating a portion of unopened South 268th Street, lying east of 40th Avenue South and West of 42nd Avenue South. The motion was seconded by Harmon and passed 3-0. ITEM 4 Water System Plan Financial Analysis Consultant Agreement with FCS Group Inc: Dave Brock, Utility Engineer stated that the City has worked with FCS Group Inc., in the past and j requested that the contract for $27,520 00 be approved The Water Utility produces water from ten ground and surface water sources to meet the domestic, commercial, industrial, fire and life safety demands of its citizens. The variation of raw water characteristics from each of these sources requires treatment processes tailored to each source to produce water that meets the requirements of the Washington State Department of Health and the Environmental Protection Agency. Meeting these federally mandated requirements is the Water Utilities responsibility. 2 PUBLIC WORKS COMMITTEE MINUTES Monday, June 21, 2010 FCS Group Inc. will perform a comprehensive evaluation of each source. The information will t then be used to operate the sources as efficiently as possible. In addition the consultants will prepare a technical memorandum on the estimated cost to wholesale water and to develop a framework for the City to evaluate such arrangements. Harmon moved to Authorize the Mayor to sign a Consultant Services Agreement with FCS Group Inc., in the amount of $27,520.00 for the purpose of performing financial analysis work for the Water Utility, upon concurrence of the language therein by the City Attorney and the Public Works Director. The motion was seconded by Higgins and passed 3-0. ITEM 5 — Information Only/Regional & Statewide Awards for Kent Commute Trio Reduction Employers: Monica Whitman, Commute Trip Reduction Coordinator shared with committee the success of a few companies in Kent that won the Diamond Awards and the Governors Trip Awards. Whitman said that the real success lies within the Commute Trip Reduction program within the offices of each of those companies. Three Kent companies, Oberto Sausage, have reduced their commute trip per employee by 50%, Recreational Equipment, Inc (REI) won the Diamond Award and the Governors Award, and Boeing Employees Credit Union who won the Diamond Ring award, were recognized at regional and statewide award ceremonies this spring The companies will be recognized at the July 20, 2010 Council Meeting. No Motion Required/Information Only Item 6 — Information Only/King County "In Motion" Program: Cathy Mooney, Senior Transportation Planner informed committee members the King County Metro Transit is partnering with the City of Kent (Kent4Health) and many local companies and agencies to encourage residents to use healthier travel options like bus, carpooling, bicycling and walking. The promotion is centered at SE 240th Street and 104th Avenue SE. She went on to explain the promotion in detail. Mooney passed out various flyers that were mailed to the area. , More than 100 people have signed up for the program in the past couple of weeks. You can sign up, even if you don't live in the target area' For more information on the internet, ' go to www.kingcounty.gov/inmotion (click on Kent East Hill) or call (206) 296.3455. No Motion Required/Information Only ITEM 7 —Transportation Impact Fees (TIF) Ordinance: , Tim LaPorte introduced Mayor Cooke who spoke at length about the challenges the City is facing as it relates to transportation funding. Cooke shared her belief that the Transportation Benefit , District is a fairer way to go, as it is tied to users and some of the funding would go to maintenance. She cautioned committee members on how the TIF may impact commercial businesses. Ben Wolters, Economic & Community Development Director stated that there is no question that there is a need to find a way to fund transportation projects. He voiced his concerns about going with the proposed TIF and gave several examples of how the proposed impact fees might be applied to some future developments or re-developments. Dennis Higgins wanted to see specific language that allows Council to review and adjust the rates on an annual basis. t3 PUBLIC WORKS COMMITTEE MINUTES Monday, June 21, 2010 Jamie Perry, Kent City Council President asked if rates could be based on zones specifically in the Downtown Core, Don Samdahl of Fehr & Peers said he could put together a proposal. Raplee stated that they had discussed a lot of changes to the proposal; therefore, there would be no action on this particular plan. It was decided to bring this back to full council at the July 6, 2010 Council meeting under "Other Business". The consultants will update the study to reflect a 30% to 100 % increase over seven years with the downtown core zone change based on trips. iItem 8 - Transportation Benefit District (TBD): Cathy Mooney, Senior Transportation Planner stated that she was bringing back information Council asked for. One of the options available under a TBD is a vehicle license fee, which is paid upon renewal. She then presented an informative PowerPoint Presentation explaining what the revenue potential is if a Transportation Benefit District is set-up. She explained that user fee funds cannot be used for other purposes. It also includes annual reporting for open accountability, which reduces the need from the General Fund for pavement maintenance. The TBD would operate like a water district. The City Council would sit as the governing board. A separate budget and annual report would be required and the fees could not be collected until 6 months after adoption by the TBD Board. Higgins moved to recommend that Council set July 20, 2010 as the Public Hearing date I on a draft ordinance establishing a Transportation Benefit District within the corporate limits of the City of Kent, authorizing a Transportation Benefit District Board to establish an Annual Vehicle License Fee, and amending the Kent Municipal Code to enact a new chapter 3.28 entitled "Kent Transportation Benefit District', subject to 1 minor edits by the Public Works Director or the City Attorney. The motion was seconded by Harmon and passed 3-0. Item 9 - Cancel Public Works Committee Meeting of July S. 2010: Tim LaPorte, Public Works Director stated that this is a housekeeping issue that we need to cancel the upcoming Public Works Committee Meeting due to the Independence Day Holiday. Committee members agreed that due to the Independence Day Holiday the Public Works Committee Meeting of July 5, 2010 will be cancelled. Item 10 - Special Public Works Committee Meeting/Set Date: July 12, 2010, 4:00 p.m.: Tim LaPorte, Public Works Director stated that due to the cancellation of the July 5, Public Works Committee meeting, we are requesting that a Special Public Works Committee Meeting be held 1 on Monday, July 12, 2010 at 4:00 p.m. Committee members agreed that a Special Public Works Committee meeting would be held on Monday, July 12, 2010 at 4:00 p.m. Adiourned• The meeting was adjourned at 6:23 p.m. Cheryl Viseth, Public Works Secretary 1 CONTINUED COMMUNICATIONS I A. 1 1 l 1 1 I EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION