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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/06/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. March 6, 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT March 6, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Legislative Update/Government Relations Michelle Wilmot 15 minutes 2. Communities Putting Prevention to Work Hope Gibson 45 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. FLAG SALUTE by Girl Scout Troop 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. Girl Scout Week Proclamation D. Kiwanis Day Proclamation E. Public Safety Report 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Excused Absence for Council Member Ranniger - Approve D. Biennial Budget Ordinance - Adopt E. Indigent Defense Services Findings Resolution - Adopt F. Kent Municipal Court Remodel Procurement Code Requirements - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED G. 2012 Highline School District Agreement for Camp Waskowitz Facility Rental — Authorize H. 2012 Washington State Slo-Pitch Umpires Association Agreement — Authorize I. 2012 King County/ASA Umpires Association Agreement — Authorize J. Vineyards Plat Bill of Sale - Accept S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. 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.KentWa.gov 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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L N FLU U +' W W '� UZW >- C , u , - Vl v O a� 6 a K in V m Q V > 4 a QF � m0 Q mU �, l_ ti COUNCIL WORKSHOP 1) Legislative Update/Government Relations 2) Communities Putting Prevention to Work CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Girl Scout Week Proclamation D) Kiwanis Day Proclamation E) Public Safety Report PUBLIC COMMENT Agenda Item: Consent Calendar 7A — 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 21, 2012 and the Council Retreat Minutes of February 10 & 11, 2012. 7B. Approval of Bills. Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 21, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount O1/15/12 Wire Transfers 4908-4926 $1,566,674.23 O1/15/12 Regular Checks 659917-660293 1,705,645.52 O1/15/12 Use Tax Payable 1,136.21 $3,273,455.96 Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 21, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount O1/31/12 Wire Transfers 4927-4943 $1,596,085.00 O1/31/12 Regular Checks 660294-660665 3,354,178.81 Void Checks 660405,660413,660664 (2,206.85) O1/31/12 Use Tax Payable 293.93 $4,948,350.89 (continued on back) 7B. Approval of Bills. Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2012: Date Check Numbers Amount 1/20/2012 Checks 326148-326328 $ 220,374.26 Voids and Reissues 326146,326147 98.59 1/20/2012 Advices 293539-294177 1,451,460.06 $1,671,932.91 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2012: Date Check Numbers Amount 2/5/2012 Checks 326331-326515 $ 114,138.77 Voids and Reissues 326329,326330 0.00 2/5/2012 Advices 294178-294816 1,233,461.10 $1,347,599.87 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 2012: Date Check Numbers Amount 2/20/2012 Checks 326517-326691 $ 109,911.59 Voids and Reissues 326516 0.00 2/20/2012 Advices 294817-295457 1,200,883.62 $1,310,795.21 y RCN i Kent City Council Meeting Was„ „',.' February 21, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and Thomas. Councilmember Perry arrived at 7:08 p.m. Councilmember Ranniger was excused from the meeting. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes were made. B. From the Public. (CFN-198) No changes were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) There was no public recognition. B. Community Events. (CFN-198) Council President Higgins announced events taking place at ShoWare Center. C. Introduction of Appointees. (CFN-198) Mayor Cooke introduced Joy Alford, her appointee to the Bicycle Advisory Board, who spoke about her interest in biking and serving on the Board. D. Rotary International Proclamation. (CFN-155) Mayor Cooke read a pro- clamation declaring February 23, 2012, as Rotary International Day in the City of Kent and encouraging all citizens to join her in honoring local Rotarians for their years of service to the community. She presented the proclamation to Harry Williams, who thanked her for recognizing Rotary International in this way. PUBLIC COMMENT A. KentHOPE. (CFN-118) The following people spoke in support of using the former Resource Center as a drop in center for the homeless, and encouraged the Council to take action soon: Sarah Davidson 24277 141't Place SE, Kent Pat Gray 14036 SE 237th Place SE, Kent Evelyn Reymond 12919 SE 188th Street, Renton Dave Mitchell 14516 SE 266th Street, Kent Sally Goodgion 1140 E. Seattle, Kent Higgins explained that a report on this issue will be given during the Reports section of the agenda, and encouraged those interested to remain at the meeting until then. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through Q. Thomas seconded and the motion carried. 1 Kent City Council Minutes February 21, 2012 A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of February 7, 2012, were approved. B. Approval of Bills. (CFN-104) Bills were not available for approval. C. Excused Absence for Councilmember Ranniger. (CFN-198) An excused absence for Councilmember Ranniger as she was unable to attend the February 21, 2012, meeting was approved. D. Bicycle Advisory Board Appointment. (CFN-997) The Mayor's appointment of Joy Alford to the Kent Bicycle Advisory Board for a two-year term was confirmed. E. Lodaina Tax Advisory Committee Appointment. (CFN-1170) The re- appointment of Barbara Smith to the Lodging Tax Advisory Committee was confirmed. F. Write-Offs of Uncollectible Accounts. (CFN-104) The write-off of six uncol- lectible accounts totaling $98,141.33 was authorized. G. Washinaton Association of Sheriffs and Police Chiefs Grant. (CFN-122) The Mayor was authorized to accept the Washington Association of Sheriffs and Police Chiefs grant in the amount of $11,550, amend the budget and expend the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. H. Amend Kent City Code Section 9.39 - Towing Ordinance. (CFN-122) Ordinance No. 4030, amending Chapter 9.39 of the Kent City Code, entitled "Towing," and updating provisions in order to be consistent with current state law and recent Supreme Court decisions was adopted. I. Day Wireless Systems Contract for VHF Radio Antenna System. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with Day Wireless Systems in an amount not to exceed $22,606.82 for the replacement and installation of radio antennas and cables on Water Tank #5 near James and 981n Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. Geo Engineers Contract for Guiberson Reservoir. (CFN-1111) The Mayor was authorized to sign a consultant services agreement with GeoEngineers, Inc., for geotechnical investigations engineering services for the Guiberson reservoir replace- ment in an amount not to exceed $17,080, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. JA Brennan Associates, PLLC, Contract — Levee Wall Aesthetics Design and Irrigation Design Boeing Levee. (CFN-1318) The Mayor was authorized to sign a consultant services contract agreement with JA Brennan Associates, for levee wall aesthetic design and irrigation design at Three Friends Fishing Hole for the Boeing levee project in the amount not to exceed $28,793, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Minutes February 21, 2012 L. GEI Contract for Briscoe Desimone. (CFN-1318) The Mayor was authorized to sign the consultant services contract with GEI Consultants, Inc., to perform analysis and certification of the Desimone and Briscoe Levees in an amount not to exceed $284,883, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. PACE Engineers Contract for James Street Pump Station Upgrades. (CFN-1038) The Mayor was authorized to sign a consultant services agreement with PACE Engineers, Inc., for civil, geotechnical, and electrical services for the James street pump station in an amount not to exceed $58,187, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. AECOM Technical Services, Inc.. Contract for Horseshoe Bend Retaining Walls Structural Engineering. (CFN-1318) The Mayor was authorized to sign a contract with AECOM Technical Services Inc., in an amount not to exceed $49,142.28, for structural engineering for levee retaining walls on the Horseshoe Bend Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. Proposed Local Improvement District, SE 256th Street. (CFN-1317) The Mayor was authorized to direct staff to proceed with the formation of Local Improvement District #364. P. Washington Recreation and Conservation Office Grant, Downey Farmstead Restoration Project. (CFN-1038) The Mayor was authorized to accept the Washington State Recreation and Conservation Office (RCO) grant in the amount of $253,581, amend the budget and expend the funds in accordance with the grant terms was authorized, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Q. North Park Storm Drainage. (CFN-733) The North Park Storm Drainage Project was accepted as complete and release of retainage to King Construction, Inc., upon receipt of standard releases from the state and release of any liens was authorized. The original contract amount was $176,178.05. The final contract amount was $139,888.26. BIDS A. Horseshoe Bend and Upper Russell Road Restoration Planting. (CFN-1318) Public Works Director LaPorte explained this project and recommended award to the low bidder. Albertson moved to award the Horseshoe Bend and Upper Russell Road Restoration Planting project contract to Restoration Logistics in the amount of $87,472.62, and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Higgins seconded and the motion carried. 3 Kent City Council Minutes February 21, 2012 REPORTS A. Council President. (CFN-198) Higgins reported on the recent Council retreat, noting that the issues discussed included infrastructure needs and big city responsibilities. B. Mayor. (CFN-198) Mayor Cooke noted that she had a visit from George Iwasaki, a long-time Kent resident, who recently received the Medal of Honor for his service to this country. C. Administration. (CFN-198) Hodgson announced that Kent has been granted the ability to intervene in the Federal Emergency Management Agency/National Wildlife Federation lawsuit, and gave an update on the state budget. D. Economic & Community Development Committee. (CFN-198) Perry noted that the committee is developing a department work plan, and reviewing tools provided by the Puget Sound Regional Council regarding growth management and other planning issues. E. Operations Committee. (CFN-198) Perry announced that a biennial budget was approved by the committee today and that it will come to the full Council at their next meeting. F. Parks and Human Services Committee. (CFN-198/118) Albertson noted that additional parties have expressed interest and concern about the possible use of the Resource Center as a drop in center for the homeless. She explained the Parks Committee's scoping process and said they will hold two focus group meetings which will include people from the Chamber, Kent Downtown Partnership, neighborhood councils, schools, and the faith community. At Thomas' suggestion, she agreed to add someone from the Police Department and a member of the homeless community. She explained what the focus group will look at as far as services and deliverables, and said they will complete their work by mid-March. A proposal will then be released the first week in April, with a due date of April 26. On June 14, a recommendation will be made to the Parks and Human Services Committee, after which it will be brought to the full Council. Higgins stressed that this is not a delay tactic, and Ralph said it is important that this be done right so that the decision can be defended. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson noted that the committee will meet at 4:00 p.m. on March 5 and 19. I. Regional Fire Authority. (CFN-198) No report was given. J. South County Area Transportation Board. (CFN-198) Albertson said she attended a meeting this morning during which funding and a Motor Vehicle Excise Tax were discussed. 4 Kent City Council Minutes February 21, 2012 K. Other. (CFN-198) Ralph reported on her attendance at the Community Anti-Drug Coalitions of America conference in Washington D.C. ADJOURNMENT The meeting adjourned at 8:08 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 �••/ KENT Kent City Council Workshop February 21, 2012 Council Members Present: Boyce, Higgins, Perry, Ralph and Thomas. Council Member Albertson arrived at 5:40 p.m. The meeting was called to order at 5:30 p.m. by Council President Higgins Port of Seattle Commission. Port Commissioner John Creighton explained that the Port has drafted a strategic plan with the goal of creating 100,000 jobs over the next 25 years while reducing their environmental footprint. He outlined their goals and stressed the importance of working with partners such as cities. He responded to questions from Council members regarding streamlined sales tax, lobbying support, workforce development, and next steps. State Legislative Update/Governmental Relations. Michelle Wilmot gave an update on budget and transportation issues in the state legislature and asked Council members to contact her with their opinions on the Motor Vehicle Excise Tax. A brief report on attendance at regional meetings was then given. Federal Legislative Update. Ben McMakin of Van Ness Feldman reported on levees and flood control, grade separations, and highway bills, and discussed issues brought up by Council members such as the importance of finishing SR 509 and what to expect in the future. Added Item: Mariivana/Cannabis Reclassification. Perry explained that the reclassifica- tion of marijuana/cannabis from a Schedule I drug to a Schedule II drug will be discussed at the next Suburban Cities Public Issues Committee meeting on March 6, and asked Council members to let her know their stand on the issue before then. The meeting adjourned at 6:40 p.m. Brenda Jacober, CMC City Clerk KENT CITY COUNCIL RETREAT February 10, 2012 Council members present: Albertson, Higgins, Perry, Ranniger, Thomas (Boyce arrived at 4:40 p.m.) Others present: Facilitator Rosie Baker, City Clerk Brenda Jacober The meeting was called to order at 3:15 p.m. by Council President Higgins at Green River Community College, Kent Station. Rosie Baker led the Council in discussions and exercises relating to group development, team effectiveness, and so forth. Mayor Suzette Cooke and CAO John Hodgson arrived at 5:00 p.m., after which the roles and responsibilities of the Council members, Council President, Mayor, Chief Administrative Officer, and staff were discussed. The group also talked about processes and procedures. Baker summarized and the meeting adjourned at 8:10 p.m. Brenda Jacober, CMC City Clerk 7 KENT CITY COUNCIL RETREAT February 11, 2012 Council members present: Albertson, Boyce, Higgins, Perry, Ranniger, Thomas Others present: Bonnie Boyle, Mayor's Leadership Team The meeting began at 9:00 a.m. at Green River Community College, Kent Station, with Bonnie Boyle facilitating. The group broke into teams to update and report on the status of each of the five strategic goals. A discussion of the pros and cons of a two-year budget as opposed to a one-year budget was held, with questions answered by the City Attorney and Finance Director. A lengthy discussion of infrastructure funding for the Parks and Public Works Departments was held, including whether and how to fund one or both. The role of Kent as a big city was also discussed. The Mayor's Leadership Team was excused at 2:00 o'clock, after which the Council debriefed and adjourned at 2:45 p.m. Brenda Jacober, CMC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 6, 2012 SUBJECT: Excused Absence for Council Member Ranniger - Approve MOTION: Approve an excused absence for Councilmember Ranniger as she is unable to attend the March 6, 2012, meeting. SUMMARY: EXHIBITS: Memorandum RECOMMENDED BY: BUDGET IMPACTS: None City Council 40 Dennis Higgins, Council President Phone: 253-856-5712 ' K E N T Fax 253-856-6712 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 MEMORANDUM TO: Suzette Cooke, Mayor City Councilmembers FROM: Debbie Ranniger, Councilmember DATE: March 6, 2012 SUBJECT: City Council Excused Absence I would like to request an excused absence from the March 6, 2012 City Council meeting. I will be unable to attend. Thank you for your consideration. Debbie Ranniger Councilmember nc KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: March 6, 2012 SUBJECT: Biennial Budget Ordinance — Adopt MOTION: Adopt Ordinance No. establishing a biennial budget beginning January 1, 2013. SUMMARY: The State Legislature has provided that a code city may by ordinance elect to have a two-year fiscal biennial budget in place of an annual budget process. The attached budget ordinance commences that process establishing a biennial budget, adds a new chapter to the Kent City Code, and requires that the Council adopt a biennial budget to commence in the fiscal biennium beginning January 1, 2013. EXHIBITS: Ordinance RECOMMENDED BY: Operations BUDGET IMPACTS: None at this time; expected savings in 2014 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, adding a new Chapter 3.04 to the Kent City Code, entitled "Biennial Budget," establishing a biennial budget beginning January 1, 2013 and providing for a mid-biennial budget review and modification, in accordance with Chapter 35A.34 RCW. RECITALS A. The State Legislature has provided that the legislative body of any code city may by ordinance elect to have a two-year fiscal biennium budget in lieu of the annual budget which is otherwise provided for. B. Chapter 35A.34 RCW provides that the City must adopt a biennial budget not later than July 1, 2012 in order to be effective January 1, 2013. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Biennia/ Budget. A new Chapter 3.04, entitled "Biennial Budget" is adopted: 1 Adopt Biennial Budget Ordinance Sec. 3.04.010. Biennial Budget. Pursuant to Chapter 35A.34 RCW, the City Council hereby establishes a two-year fiscal biennial budget, for the City of Kent, beginning with the two-year fiscal biennium that begins January 1, 2013. The 2013-2014 biennial budget and all subsequent budgets shall be prepared, considered and adopted under the provisions of this ordinance and Chapter 35A.34 RCW. Sec. 3.04.020. Mid-Biennial Review and Modification. Pursuant to RCW 35A.34.130, the City Council will provide a mid-biennium review and modification of the biennial budget to commence not earlier than eight months after the start of the first year of the fiscal biennium and to take effect not later than January 1 of the following year. The Mayor shall first prepare the proposed budget modification. Once proposed, the mid-biennium modifications shall be sent to the City Council. The proposed budget modifications shall be a public record and shall be available to the public by the provision of copies at the Office of the City Clerk and by providing copies in an electronically downloadable format, if possible, available through the internet or other electronic data environment that is widely available to the public. The city council shall conduct at least two public hearings on the proposed modification. The hearings shall occur at a regular or special city council meeting. The Mayor shall provide publication of notice of the public hearings consistent with publication of notice for adoption of other city ordinances. The budget modifications must be passed by ordinance, and once passed, a complete copy of the adopted budget modifications must be transmitted to the state auditor and to the association of Washington cities. SECTION 2. — Corrections by 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 2 Adopt Biennial Budget Ordinance correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 3, — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. 3 Adopt Biennial Budget Ordinance 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\Biennial Budget Adopdon.docx 4 Adopt Biennial Budget Ordinance KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: March 6, 2012 SUBJECT: Indigent Defense Services Findings Resolution — Adopt MOTION: Adopt Resolution No. _ to adopt findings relating to indigent defense service contracts and authorize the Mayor to sign indigent defense contracts with the law firms of Stewart, Beall, MacNichols and Harmell, Inc., P.S., and Jordan Law Office, P.S. SUMMARY: In support of authorizing the Mayor to sign contracts with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc., P.S. ("SBMH"), and the Law Office of Michael Jordan, P.S. ("Jordan"), for the provision of indigent defense services, the City Council makes the findings as set forth in this resolution. In addition, the City Council authorizes the Mayor to sign the contracts with SBMH and Jordan. The City is required by statute and the Constitution to provide an attorney for individuals unable to afford legal representation when charged with a crime filed in the Kent Municipal Court. SBMH, which is located in Kent, is currently under contract to provide this service. In addition, Jordan, a Tacoma law firm, is currently under contract to provide indigent defense services in cases in which SBMH cannot provide services due to a conflict of interest. Staff recommends continuing to contract with SBMH and Jordan from April l't, 2012 through December 31st, 2014. On April 19, 2011, the City Council passed Resolution No. 1843, which adopted various standards for indigent defense services in order to ensure that indigent defendants receive effective assistance of counsel as required by the state and federal Constitutions. While those standards were adopted into the then existing indigent defense service contracts, these new contracts better incorporate those standards, and create a number of mechanisms to ensure that indigent defendants are receiving effective assistance of counsel. The new contracts incorporate caseload levels, complaint processing procedures, training requirements, and review requirements. The contracts were reviewed by an outside attorney consultant to ensure that Kent's system of public defense would provide indigent defendants with a constitutionally appropriate level of service. There has been no increase in the monthly payments due the contractors. EXHIBITS: Resolution and Contracts RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, adopting findings relating to the indigent defense services agreements and authorizing the Mayor to enter into two separate contracts for indigent defense services. RECITALS In support of authorizing the Mayor to sign contracts with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and the Law Office of Michael Jordan, P.S., for the provision of indigent defense services, the City Council for the city of Kent makes the findings as set forth below. RESOLUTION NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. — Findings. A. On April 19, 2011, the City Council adopted Resolution No. 1843. Resolution No. 1843 was passed pursuant to the requirements of 1 Resolution Indigent Defense Findings Chapter 10.101 RCW and in order to ensure that indigent defendants who are charged with crimes that are filed into the Kent Municipal Court receive a Constitutionally appropriate level of criminal defense. B. In April, 2011, the contract with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and the contract for conflict legal services with the Law Office of Michael Jordan, P.S, were amended to incorporate the standards established in Resolution No. 1843. C. The contracts with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and with attorney Michael Jordan, are set to expire on March 31, 2012. New contracts have been prepared in order to continue services with both parties through December 31, 2014. D. The new contracts with the attorneys who will provide indigent defense services in Kent better incorporate the standards adopted in Resolution No. 1843. The new contracts were developed taking into consideration the following: • The contracts were developed after extensive interaction by attorneys of both the Kent City Attorney's Office and the law firm of Stewart, Beall, MacNichols and Harmell, Inc. P.S. with the Washington State Bar Association ("WSBA") and the WSBA's Council on Public Defense. • The contracts were developed in consideration of evolving changes to the Washington Court Rules for Courts of Limited Jurisdiction as they relate to standards for public defense services. • The contracts were deemed consistent with the requirements of public defense contracting as set forth in Chapter 10.101 RCW, Washington's Rules of Professional Conduct, the 2 Resolution Indigent Defense Findings Constitutions of the United States and Washington, and various appellate level cases, including State v. A.N.J., 168 Wn.2d. 91 (2010). The contracts were also internally reviewed in light of lawsuits in the state of Washington challenging systems of public defense for alleged Constitutional deficiencies. Three partners in the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., who combined have over fifty years of experience providing public defense services, played an integral role in the development of the contracts, and specifically caseload standards and the case weighting system, after considering such factors as the complexity of the crimes, the average length of police reports in the various crimes, the discovery materials relating to the crimes, the average amount of investigation and preparation necessary to defend the crimes, the consequences (both direct and collateral) of a conviction for the crimes, the percentage of times individuals charged with the crimes have elected to go to trial, etc. The attorneys who provide indigent defense services in Kent are familiar with the practices of the Kent Municipal Court, and, along with other stakeholders in Kent's criminal justice system, meet regularly with the Kent Municipal Court to ensure the processes established by the Court meet the needs of their clients. The contracts were independently reviewed by the law firm of Kenyon Disend, PLLC, of Issaquah, WA, for the purposes of ensuring that Kent is providing indigent defendants with effective assistance of counsel as required by the state and federal Constitutions. 3 Resolution Indigent Defense Findings None of the attorneys who will be performing services under the contracts have any history of discipline with the WSBA. SECTION 2, — Based upon the facts and circumstances described in SECTION 1 Findings, the Mayor is authorized to execute the two attached indigent defense contracts with the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and the contract for conflict legal services with the Law Office of Michael Jordan, P.S., attached as Exhibits A and B. SECTION 3, — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of , 2012. CONCURRED in by the mayor of the city of Kent this day of 2012. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 4 Resolution Indigent Defense Findings APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of , 2012. BRENDA JACOBER, CITY CLERK 5 Resolution Indigent Defense Findings Exhibit A to Resolution AGREEMENT FOR INDIGENT DEFENSE SERVICES This Agreement is entered into between the city of Kent, A Washington municipal Corporation, ("City") and Stewart, Beall, MacNichols, and Harmell, Inc. P.S., a Washington professional services corporation, ("Contractor"). I. DEFINITIONS A. Attorney. Attorneys shall mean attorneys working for the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and where appropriate, shall include Rule 9 interns. B. Contractor. Contractor shall mean the law firm of Stewart, Beall, MacNichols, and Harmell, Inc. P.S., and shall mean each attorney working for the Contractor. C. Defendant. Defendant shall mean a person charged with a misdemeanor or gross misdemeanor offense that is filed by the City into the Kent Municipal Court, and for whom the Contractor must provide services pursuant to Section III of this Agreement. D. Full Time Attorney Equivalent Position. Fulltime attorney equivalent position shall mean 40 hours of attorney services provided pursuant to this Agreement. II. DURATION OF AGREEMENT This Agreement shall terminate on December 31, 2014, unless extended or terminated earlier in a manner permitted by this Agreement. III. SCOPE OF WORK AND DUTIES OF CONTRACTOR A. Criminal Defense Representation — To Whom Provided. Except in cases in which a conflict of interest exists, Contractor shall provide criminal defense representation to the following: 1. All defendants who are charged with a criminal offense which falls within the jurisdiction of the Kent Municipal Court, and for which the Contractor has been appointed by the Kent Municipal Court as attorney of record pursuant to the Court's determination of indigence of the defendant. 2. All suspects who are permitted access to a public defender while detained pursuant to an investigation for the offenses of driving under the influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503) or physical control of a vehicle under the influence (RCW 46.61.504) for the purposes of consulting with the Contractor prior to deciding whether to provide a sample of breath or blood. Agreement for Indigent Defense Services Page 1 of 20 Exhibit A to Resolution 3. All defendants who are not represented by private counsel and who appear for arraignment in the Kent Municipal Court. 4. All defendants who, while in the custody of the Kent Corrections Facility, are not represented by private or conflict counsel, who accept representation by the Contractor, and who appear before the court. B. Provisional and Temporary Appointments. Contractor shall provide representation of defendants at arraignment and during in-custody hearings despite the fact that Contractor may only be provisionally or temporarily appointed to represent the defendants at arraignment and during the in-custody hearings; provided, that in the event a defendant wishes to enter a plea at arraignment, the Contractor shall request that the court accept the plea only after the defendant waives the right to an attorney in manner acceptable to the court. C. Representation Provided to Defendants Investigated for Driving Under the Influence (RCW 46.61.502), Driving Under Twenty-One Consuming Alcohol (RCW 46.61.503), Physical Control of a Vehicle Under the Influence (RCW 46.61.504) or Another Misdemeanor or Gross Misdemeanor. Contractor shall be available 24 hours per day, seven days per week, by telephone for the purposes of providing representation to suspects or defendants who are in custody and under investigation for driving under the influence (RCW 46.61.502), driving under twenty-one consuming alcohol (RCW 46.61.503), physical control of a vehicle under the influence (RCW 46.61.504) or any other misdemeanor or gross misdemeanor. Contractor shall provide the Kent Corrections Facility with telephone numbers of its attorneys that provide direct access to the attorneys, and shall keep such telephone numbers up to date. Contractor may designate times in which specific attorneys may be reached, and shall provide the numbers of alternate attorneys if the designated attorney cannot be reached. D. Duration of Representation of Defendant. In cases in which the Contractor is appointed as attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time, Contractor shall represent the defendant at all stages of the criminal process, from the time of appointment by the court as attorney of record through the appeals process (provided that funding for appeals beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate Procedure), as well as during any period in which the court retains jurisdiction over the terms and conditions of any sentence or deferral. IV. APPEARANCE AT HEARINGS Contractor shall appear at all hearings scheduled by the Kent Municipal Court in which it represents defendants, as well as all arraignment calendars and all in- custody calendars. Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure that defendants have a sufficient amount of time to consult with the Contractor's attorneys prior to each defendant's case being Agreement for Indigent Defense Services Page 2 of 20 Exhibit A to Resolution heard, and to ensure that the court calendars are not delayed due to insufficient staffing of Contractor's attorneys at the calendars. V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD Contractor shall be with and actively representing defendant at all times while defendant's case is considered on the court record, and shall adequately inform the defendant of the developments in his or her case such that the defendant proceeds during any court hearing in a knowing, intelligent, and voluntary manner. VI. DEFENDANT ACCESS TO CONTRACTOR A. Contact Prior to Court Hearings. Contractor shall be available to defendants to ensure that defendants are provided with effective assistance of counsel. Defendant access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer with defendants about cases prior to court hearings. B. Toll Free Calls. Defendants shall be provided access to the Contractor by means of a toll-free local call from a Kent telephone number made available by the Contractor. C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to ensure the effective assistance of counsel, whether such inquiries are received by letter, telephone, email, or otherwise. D. Local Office Required. At all times during the term of this Agreement, Contractor shall maintain an office either within the city limits of the City, or within one mile of the city limits of the City. The office of the Contractor shall accommodate confidential meetings with defendants, shall be equipped with telephone, facsimile, and internet services, shall receive adequate cellular telephone service, and shall be the location at which mail and service of process is received. E. Availability for and Contact with In-Custody Defendants. Contractor shall evaluate the cases of all defendants in the custody of the Kent Corrections Facility, and shall meet with in-custody defendants as the Contractor deems appropriate for providing effective assistance of counsel. At a minimum, Contractor shall meet with all misdemeanant defendants who are in-custody within two court days of the defendant being taken into custody. In addition, Contractor shall schedule no less than two periods of time each week in which to meet with defendants who are in the custody of the Kent Corrections Facility. These two periods of time shall be for the purposes of responding to inmate requests, responding to letters and telephone calls, and preparing for the defense of the defendant. These two periods shall be separate from court hearings held by video at the Kent Corrections Facility. Agreement for Indigent Defense Services Page 3 of 20 Exhibit A to Resolution VII. QUALITY OF REPRESENTATION Contractor shall provide services in a professional and skilled manner consistent with Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and Washington, and the court rules that define the duties of counsel and the rights of defendants. Contractor shall be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011. At all times during the representation of a defendant, the Contractor's primary responsibility shall be to protect the interests of the defendant. VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING A. Qualifications. All attorneys employed by Contractor for the purposes of providing the services called for in this contract shall, at a minimum, satisfy the minimum qualifications to practice law as established by the Washington Supreme Court; be familiar with and follow the statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense work in the state of Washington; be familiar with and abide by Washington's Rules of Professional Conduct; be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011; be familiar with the consequences to each particular defendant of any conviction or adjudication including but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol treatment obligations, license suspensions, and immigration or civil commitment implications; be familiar with mental health and substance abuse issues applicable to each defendant; be able to recognize the need for expert services including but not limited to investigators; and be able to satisfy the terms and conditions of this Agreement. B. Trainina. For each attorney of the Contractor, a minimum of 32 of the reportable continuing legal education credits per reporting period shall be in the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work, law practice management, or any other subject that, in the opinion of the Contractor, is applicable to providing criminal defense services. IX. USE OF RULE 9 INTERNS A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain under the supervision of the Contractor, and an attorney for Contractor shall remain responsible for the cases for which the Rule 9 provides services. B. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections VII and VIII except that Rule 9 interns shall not be required to complete the training requirements of Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice law as established by the Washington Agreement for Indigent Defense Services Page 4 of 20 Exhibit A to Resolution Supreme Court, the Rule 9 intern must comply with the provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of the Contractor. X. DISCOVERY TO BE PROVIDED The City shall provide Contractor one (1) copy of all discoverable material concerning each assigned case. XI. NUMBER OF ATTORNEYS EMPLOYED At the time of signing this Agreement, Contractor employs 10 attorneys who occupy 10 fulltime equivalent attorney positions, as well as 2 Rule 9 interns. Contractor shall provide no less than the number of fulltime equivalent positions so as not to exceed the caseload limitations provided for in this Agreement. XII. CASELOAD LIMITS PER FULLTIME EQUIVALENT POSITION A. Caseload Limits in General. Contractor shall maintain a caseload such that it can provide each and every defendant effective assistance of counsel as required by this Agreement. Subject to the remaining subsections of this section, a fulltime equivalent attorney position shall be appointed to no more than 400 cases per year; provided, that a fulltime equivalent attorney position may be appointed to more than 400 cases per year if the managing partners of the Contractor determine that the Contractor will meet the terms of this Agreement. Under no circumstances may a fulltime equivalent attorney position be appointed to more than 550 cases per year. B. Factors In Determining Permitted Caseload. In order to determine whether a fulltime equivalent attorney can be appointed to more than 400 cases per year, the Contractor shall consider the following: 1. The experience of the attorneys who perform the work called for in this Agreement. 2. The number of cases fulltime equivalent attorney positions are currently handling that are not in pre-trial status and not on appeal. 3. The complexity of the cases. 4. The services the Contractor provides to other municipalities or private clients. C. Case Defined. For the purposes of this section, the term "case" shall mean a group of criminal charges related to a single incident filed against a defendant to which the attorney is appointed by the court, but shall not include temporary or provisional appointments at arraignments or in-custody hearings, appointments by a court at a court hearing for that one court hearing only, and shall not include pre- Agreement for Indigent Defense Services Page 5 of 20 Exhibit A to Resolution filing representation provided to a suspect who is under investigation for a violation of RCW 46.61.502, 46.61.503 or 46.61.504. D. Case Weighting. For the purposes of determining how many cases each fulltime equivalent attorney position is handling, each case shall be counted as follows: 1. The charges listed bellow shall be counted as specified: • Allowing Minor to Frequent Bar 1/3 • Allow Unauthorized Person to Drive 1/3 • Altered License 1/3 • Assault: • Domestic Violence 1 • Non Domestic Violence 1 • With Sexual Intent 2 • Animal Cruelty 1 • Attempted Assault 2/3 • Attempted Forgery 2/3 • Attempted Theft 2/3 • Canceled Plates/Registration 1/3 • Complicity 2/3 • Commercial License Needed 1/3 • Concealed Weapon 2/3 • Conspiracy 2/3 • Counterfeiting Trademark 2/3 • Criminal Attempt 2/3 • Criminal Trespass 1/3 • Custodial Interference 1 • Cyber Stalking 1 • Dangerous Animal at Large 2/3 • Discharge of Firearm 2/3 • Disorderly Conduct 1/3 • Display of Weapon 2/3 • DUI 1 • DWLS 1 1/2 • DWLS 2 1/2 • DWLS 3 1/3 • Criminal Assistance 1/3 • Escape 2/3 • Failure to Transfer Title 1/3 • Failure to Disperse 1/3 • Failure to Obey 1/2 • Failure to Obey Flagman 1/2 • Failure to Obtain Vehicle License 1/3 • Failure to Stop 1/2 • Failure to Secure Load 1 • Failure to Surrender License 1/3 Agreement for Indigent Defense Services Page 6 of 20 Exhibit A to Resolution • False Identification 1/2 • False Insurance Card 1/2 • False Information 1/2 • False Reporting 1/2 • False Statement 1/2 • Fraud Dr. License: 1/2 • Furnishing Liquor to Minor 1/2 • Harm to a Police Dog 1 • Harassment 1 • Telephone Harassment 1 • Domestic Violence Harassment 1 • Hit and Run Attended 1 • Hit and Run Unattended 1/2 • Illegal Fireworks 1/3 • Illegal Use of Dealer Plate 1/3 • Immoral Conduct with a Minor 1 • Indecent Exposure 1 • Inhale Toxic Fumes 1 • Interfering with reporting to 911 2/3 • Invalid Trip Permit 1/3 • Loiter for Prostitution 1/2 • Malicious Mischief Domestic Violence 1 • Malicious Mischief Non-Domestic Violence 2/3 • Minor Frequenting a Tavern 1/2 • Minor Intoxicated in Public 1/2 • Minor in Possession/Consumption 1/2 • Neglect of a Child 1 • Negligent Driving 1 1 • No Valid Operator's License 1/3 • Obstructing 2/3 • Operating Vehicle Without Cert. of Ownership 1/3 • Operating Vehicle Without Ignition Interlock 1/2 • Patronizing a Prostitute 1/2 • Physical Control 1 • Possession of Drug Paraphernalia 1/2 • Possession of Marijuana 1/2 • Possession of Stolen Property 2/3 • Possession/Making Burglary Tools 2/3 • Possession Another's ID 1/2 • Possession of Legend 2/3 • Prostitution 1/2 • Provoking Assault 2/3 • Public Disturbance 1/3 • Reckless Driving 2/3 • Reckless Burning 2/3 • Reckless Endangerment 2/3 • Refuse to Cooperate 1/2 • Crimes Requiring Registration as Sex Offender 2 Agreement for Indigent Defense Services Page 7 of 20 Exhibit A to Resolution • Resisting Arrest 2/3 • Selling Liquor to Minor 1/2 • Stalking 1 • Tampering with Property of Others 1/2 • Tampering with a Witness 1 • Theft 3 2/3 • Theft of Rental Property 2/3 • Unlawful Issuance of Bank Check 2/3 • Unlawful Bus Conduct 1/2 • Unlawful Camping 1/3 • Unlawful Racing 2/3 • Vehicle Prowl 2/3 • Vehicle Trespass 2/3 • Violation of Anti-harassment Order 2/3 • Violation of No Contact Order 2/3 • Violation of Instruction Permit 1/3 • Violation of Occupancy License 1/3 • Violation of Protection Order 2/3 • Violation of Restraining Order 2/3 • Violation of S.O.A.P. Order 1/2 • Weapons Capable of Harm 2/3 2. All other charges shall be considered one case unless designated otherwise by agreement of the Contractor and the Human Services Department. XIII. REFUSING APPOINTMENTS A. Caseload Monitoring. Contractor shall continually monitor the caseload and performance of Contractor as a whole and each attorney providing services pursuant to this Agreement. Contractor shall provide projections at least three months in advance regarding the caseload limits based upon the number of attorneys employed by Contractor and trends in case filings. B. Caseload Level Shiftina. In the event an attorney is handling a caseload such that the attorney is unable to provide effective assistance of counsel to each and every defendant, Contractor shall reduce the caseload of that attorney, and shift the reduced portion of the caseload to another attorney employed by the Contractor. C. Refusal of Appointments. Contractor shall monitor the total number of cases handled by Contractor pursuant to this Agreement. In the event Contractor is handling an excessive number of cases such that Contractor is unable to provide each and every defendant with effective assistance of counsel, then Contractor shall refuse further appointment of cases until such time as Contractor employs additional attorneys or the number of cases per attorney is reduced. Work performed pursuant to this Agreement shall be Contractor's priority, and prior to refusing further appointments, Contractor shall attempt to withdraw from cases that Contractor handles that are not within the scope of this Agreement and shall Agreement for Indigent Defense Services Page 8 of 20 Exhibit A to Resolution refuse to accept cases from clients outside of the scope of the work called for in this Agreement. XIV. EXPERTS AND INVESTIGATORS Contractor may retain experts and investigators of the Contractor's choosing as deemed necessary to the effective defense of the defendant, and may apply to the court for such services pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs that the City pays Contractor except as ordered by the Court pursuant to CrRLJ 3.1(f). XV. COSTS OF TRANSCRIPTION The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. XVI. CONFLICTS OF INTEREST Contractor shall maintain a database of client information sufficient for the Contractor to determine the existence of any conflicts of interest. In the event representation of a defendant would constitute a conflict of interest, Contractor shall take such action as is appropriate pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay any compensation to another attorney assigned to represent the defendant. XVII. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION A. Performance Monitoring In General. Contractor shall establish a program for managing the performance of attorneys who provide the services called for in this Agreement. The performance monitoring program shall have the purpose of ensuring that each defendant receives effective assistance of counsel, and the terms and conditions of this Agreement are met. The monitoring program shall be developed and administered by the Contractor, and shall: 1. Be actively performed and managed by a partner-level attorney of the Contractor; 2. Be continual in nature. Monitoring shall occur no less than quarterly; provided, caseload monitoring shall occur no less than weekly; 3. Monitor the caseload of the Contractor and each attorney providing services pursuant to this Agreement; 4. Monitor the performance of each employee who provides services pursuant to this Agreement; Agreement for Indigent Defense Services Page 9 of 20 Exhibit A to Resolution 5. Hold employees accountable for deficient performance of the services called for in this Agreement; 6. Have measures to correct the deficient performance of employees performing under this Agreement; and 7. Contain measures to develop and improve the performance of each employee providing services pursuant to this Agreement. B. Monitoring Program — Scope of Review. The monitoring program shall, at a minimum, be designed to review the following of each attorney or Rule 9 intern: 1. Knowledge of the law and expectations of criminal defense counsel 2. Preparation of cases 3. Responsiveness to clients 4. Effectiveness of in-court interactions with clients 5. Effectiveness in the courtroom 6. Negotiation skills and strategy 7. Attorney or Rule 9 caseload C. Program Certification. The internal monitoring program shall be submitted to the Housing and Human Services Division within 30 days of the execution of this Agreement. Contractor shall certify no less than annually that monitoring has occurred in conformity with this Agreement. XVIII. REMOVAL OF ATTORNEY A. Removal by Contractor. In the event Contractor determines, through its internal performance monitoring and attorney supervision program that an attorney or Rule 9 intern working for Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately take action to prevent that attorney or Rule 9 from providing the services called for in this Agreement. B. Recommendation of Removal by City. In the event the City determines that an attorney working for the Contractor has breached this Agreement, the City may, at its sole discretion and as an alternative to termination of this Agreement, require Contractor to take action to prevent that attorney from providing the services called for in this Agreement. XIX. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT This Agreement shall be managed and monitored by the Housing and Human Services Division of the City's Parks Department or by such other division of the City as determined by the City's Chief Administrative Officer. All reports or certifications required by this Agreement shall be delivered to the Human Services Department. Agreement for Indigent Defense Services Page 10 of 20 Exhibit A to Resolution XX. REPORTS OF CONTRACTOR Contractor shall maintain a case reporting and case management information system, and shall submit reports to the Housing and Human Services Division as follows: A. Reports shall be submitted on a quarterly basis and shall be a condition of payment pursuant to Section XXVII. B. Reports shall contain the following information: 1. Number of cases to which Contractor was appointed 2. The names of defendants to which Contractor was appointed 3. The case number starting with "K" 4. The date of appointment 5. The charge(s) filed against the defendant 6. The case weight assigned to the case pursuant to Section XII 7. The number of appellate level cases pending S. The average number of cases handled per full time attorney equivalent by Contractor over the reporting period C. Contractor shall not be required to compromise any attorney-client privilege when providing these reports. XXI. COMPLAINTS AND CORRECTIVE ACTION A. Complaints Directed to Housing and Human Services Division. Any complaints regarding Contractor or an attorney or Rule 9 providing services pursuant to this Agreement, whether received by the City, the Contractor, or the Court, shall be directed to the Housing and Human Services Division. B. Investigation. In the event a complaint is received by or directed to the Housing and Human Services Division, and is not timely resolved by a partner level attorney of the Contractor to the satisfaction of the complainant, the Housing and Human Services Division will investigate the complaint by reviewing the complaint, discussing the matter with the complaining party, discussing the matter with the Contractor, and determining whether a violation of this Agreement has occurred. The Housing and Human Services Division may consult with legal counsel other than the City Attorney's Office, or another expert as deemed necessary, in order to resolve the complaint. In addition, the Housing and Human Services Division may consult with the Washington State Bar Association when appropriate. C. Corrective Action Plan or Termination. In the event the Housing and Human Services Division determines that a violation has occurred, the Housing and Human Services Division may develop a corrective action plan or terminate this Agreement in the event it is determined that termination is appropriate. Contractor shall Agreement for Indigent Defense Services Page 11 of 20 Exhibit A to Resolution cooperate in any investigation of a complaint, and any corrective action plan developed by the Housing and Human Services Division. XXII. TERMINATION A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall constitute a breach of this Agreement. B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as, but not limited to, acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving the non-terminating party not less than ninety (90) days prior written notice. XXIII. CONTINUATION OF REPRESENTATION AFTER TERMINATION In the event of termination of this Agreement, Contractor shall continue representation of defendants to whom Contractor was assigned prior to the termination until such time as another defender has been appointed to represent such defendants. Except in cases in which the Contractor is unable to provide services in conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw from representing defendants to which the Contractor was assigned until such time as new counsel has submitted a motion to substitute counsel. XXIV. NON-DISCRIMINATION Contractor shall not discriminate in the hiring of employees or the provision of services pursuant to a contract with the City, and shall be required to execute a certification of compliance with the City's policy regarding minority and women contractors. 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. Agreement for Indigent Defense Services Page 12 of 20 Exhibit A to Resolution XXV. PROOF OF LIABILITY INSURANCE Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XXVI. INDEMNIFICATION Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever related to or arising from the performance of the Contractor's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of the Contractor relating to the representation or lack of representation of clients, and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the sole negligence of the City. The failure of the Contractor to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit the Contractor's indemnification or defense of the City. This indemnification section shall survive the expiration or termination of this Agreement. XXVII. COMPENSATION A. Payment for Services. The City shall provide to Contractor for services rendered under this Agreement the sum of FORTY-SIX THOUSAND DOLLARS ($46,000) per month from April 1, 2012 through December 31, 2014. Attorney shall bill the City each month for services rendered herein. In the event this Agreement is terminated pursuant to the provisions set forth in this Agreement, the Contractor's compensation shall be prorated based upon the number of months and portions of months which have elapsed between the commencement of the year and the effective date of termination. B. Billing. The Contractor shall bill the City, in care of the City's Housing and Human Services Division, on the first day of the month, or the first workday thereafter for the monthly installment set forth in subsection A of this section, and any transcription costs as permitted by this Agreement. C. Payment. The City shall make payments within 30 days of receipt of Contractors bill. Except as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive of administrative costs, support costs, and all costs associated with the conduct of the Contractor's business. Agreement for Indigent Defense Services Page 13 of 20 Exhibit A to Resolution XXVIII. SUBCONTRACTING PROHIBITED Except in extraordinary circumstances, Contractor shall not subcontract with another attorney or law firm to provide the services required herein. Contractor shall remain directly involved in and responsible for the representation of all assigned defendants. XXIX. ASSIGNMENT PROHIBITED No assignment or transfer of this Agreement or of any interest in this Agreement shall be made by either of the parties, without prior written consent of the non- assigning party. XXX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants, secretaries, and investigators. XXXI. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT EMPLOYEE This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. Contractor shall secure at its own expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, worker's compensation, and all other payroll deductions for the Contractor and its officers, agents, and employees and the costs of all professional or business licenses in connection with the services to be performed hereunder. Contractor shall be solely responsible for any and all claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the conditions or terms of employment by the Contractor, and the Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits. Contractor further agrees that its employees are not considered employees of the City for the purposes of participating in any state or federal program, including but not limited to the retirement program provided by the Washington Department of Retirement Services, and in the event that a claim is made to the contrary by any employee or volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits and shall pay all awards ordered against the City for such claims or lawsuits. XXXII. ADDITIONAL SERVICES Contractor may be requested to perform additional services beyond the original scope of services as defined in section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. Agreement for Indigent Defense Services Page 14 of 20 Exhibit A to Resolution XXXIII. NOTICES All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent: Contractor: Mayor N. Scott Stewart City of Kent Stewart, Beall, MacNichols, and 220 Fourth Ave. S. Harmell, Inc. P.S., Kent, WA 98032 655 W. Smith Street, Suite 210 Kent, WA 98032 XXXIV. ENTIRE AGREEMENT — AMENDMENTS This instrument contains the entire Agreement between the parties for the contemplated work and services to commence April 1, 2012, and it may not be enlarged, modified, altered, or amended except in writing signed and endorsed by the parties. XXXV. DUPLICATE ORIGINALS This Agreement is executed in duplicate originals. XXXVI. EFFECTIVE DATE The terms of this Agreement shall take effect on April 1, 2012. CITY: ATTORNEY: City of Kent Stewart, Beall, MacNichols & Harmell, Inc., P.S. Print Name: Suzette Cooke Print Name: Title: Mayor Title: Dated: Dated: ATTEST: Brenda Jacober, City Clerk APPROVED: Katherin Johnson, Housing and Human Services Manager, City of Kent Agreement for Indigent Defense Services Page 15 of 20 Exhibit A to Resolution 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 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Exhibit A to Resolution 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, 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. EEO COMPLIANCE DOCUMENTS - 2 Exhibit A to Resolution 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_ (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 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. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A to Resolution EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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 by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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. Exhibit A to Resolution EXHIBIT A (Continued) 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 contractor 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 Contractor'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.M. Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. Exhibit B to Resolution AGREEMENT FOR INDIGENT DEFENSE SERVICES This Agreement is entered into between the city of Kent, A Washington municipal Corporation, ("City") and JORDAN LAW OFFICE, P.S., A Washington professional services corporation, ("Contractor"). I. DEFINITIONS A. Attorney. Attorneys shall mean attorneys working for the law firm of Jordan Law Office, P.S., and where appropriate, shall include Rule 9 interns. B. Contractor. Contractor shall mean the law firm of Jordan Law Office, P.S., and shall mean each attorney working for the Contractor. C. Defendant. Defendant shall mean a person charged with a misdemeanor or gross misdemeanor offense that is filed by the City into the Kent Municipal Court, who by reason of a conflict of interest cannot be represented by the law firm of Stewart, Beall, MacNichols and Harmell, Inc., P.S., and for whom the Contractor must provide services pursuant to Section III of this Agreement. D. Full Time Attorney Equivalent Position. Fulltime attorney equivalent position shall mean 40 hours of attorney services provided pursuant to this Agreement. II. DURATION OF AGREEMENT This Agreement shall terminate on December 31, 2014, unless extended or terminated earlier in a manner permitted by this Agreement. III. SCOPE OF WORK AND DUTIES OF CONTRACTOR A. Criminal Defense Representation — To Whom Provided. Except in cases in which a conflict of interest exists, Contractor shall provide criminal defense representation to all defendants who are charged with a criminal offense which falls within the jurisdiction of the Kent Municipal Court, and for which the Contractor has been appointed by the Kent Municipal Court as attorney of record pursuant to the Court's determination of indigence of the defendant, and who, by reason of a conflict of interest, cannot be represented by the law firm of Stewart, Beall, MacNichols and Harmell, Inc., P.S. B. Provisional and Temporary Appointments. Contractor shall provide representation of defendants at arraignment and during in-custody hearings despite the fact that Contractor may only be provisionally or temporarily appointed to represent the defendants at arraignment and during the in-custody hearings; provided, that in the event a defendant wishes to enter a plea at arraignment, the Contractor shall request that the court accept the plea only after the defendant waives the right to an attorney in manner acceptable to the court. Agreement for Conflict Indigent Defense Services Page 1 of 16 Exhibit B to Resolution C. Duration of Representation of Defendant. In cases in which the Contractor is appointed as attorney of record, and unless Contractor is permitted by the court to withdraw at an earlier time, Contractor shall represent the defendant at all stages of the criminal process, from the time of appointment by the court as attorney of record through the appeals process (provided that funding for appeals beyond superior court shall be pursuant to the terms of Title 15 of the Rules of Appellate Procedure), as well as during any period in which the court retains jurisdiction over the terms and conditions of any sentence or deferral. IV. APPEARANCE AT HEARINGS Contractor shall appear at all hearings scheduled by the Kent Municipal Court in which it represents defendants, as well as all arraignment calendars and all in- custody calendars. Contractor shall provide a sufficient number of attorneys at the various court calendars to ensure that defendants have a sufficient amount of time to consult with the Contractor's attorneys prior to each defendant's case being heard, and to ensure that the court calendars are not delayed due to insufficient staffing of Contractor's attorneys at the calendars. V. REPRESENTATION OF DEFENDANTS WHILE ON THE RECORD Contractor shall be with and actively representing defendant at all times while defendant's case is considered on the court record, and shall adequately inform the defendant of the developments in his or her case such that the defendant proceeds during any court hearing in a knowing, intelligent, and voluntary manner. VI. DEFENDANT ACCESS TO CONTRACTOR A. Contact Prior to Court Hearinas. Contractor shall be available to defendants to ensure that defendants are provided with effective assistance of counsel. Defendant access to the Contractor prior to court hearings is paramount. Contractor shall endeavor to confer with defendants about cases prior to court hearings. B. Toll Free Calls. Defendants shall be provided access to the Contractor by means of a toll-free local call from a Kent telephone number made available by the Contractor. C. Time to Respond. Contractor shall respond to defendant inquiries within a reasonable time to ensure the effective assistance of counsel, whether such inquiries are received by letter, telephone, email, or otherwise. D. Office Required. At all times during the term of this Agreement, Contractor shall maintain an office within the King or Pierce County area. The office of the Contractor shall accommodate confidential meetings with defendants, shall be equipped with telephone, facsimile, and internet services, shall receive adequate cellular telephone service, and shall be the location at which mail and service of process is received. Agreement for Conflict Indigent Defense Services Page 2 of 16 Exhibit B to Resolution E. Availability for and Contact with In-Custody Defendants. Contractor shall evaluate the cases of all defendants in the custody of the Kent Corrections Facility, and shall meet with in-custody defendants as the Contractor deems appropriate for providing effective assistance of counsel. At a minimum, Contractor shall meet with all misdemeanant defendants who are in-custody within two court days of the defendant being taken into custody. VII. QUALITY OF REPRESENTATION Contractor shall provide services in a professional and skilled manner consistent with Washington's Rules of Professional Conduct, applicable case law, the Constitutions of the United States and Washington, and the court rules that define the duties of counsel and the rights of defendants. Contractor shall be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011. At all times during the representation of a defendant, the Contractor's primary responsibility shall be to protect the interests of the defendant. VIII. QUALIFICATIONS OF CONTRACTOR ATTORNEYS - TRAINING A. Qualifications. All attorneys employed by Contractor for the purposes of providing the services called for in this contract shall, at a minimum, satisfy the minimum qualifications to practice law as established by the Washington Supreme Court; be familiar with and follow the statutes, court rules, case law and constitutional law applicable to misdemeanor criminal defense work in the state of Washington; be familiar with and abide by Washington's Rules of Professional Conduct; be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association on June 3, 2011; be familiar with the consequences to each particular defendant of any conviction or adjudication including but not limited to jail time, financial penalties, restitution, mental health or drug and alcohol treatment obligations, license suspensions, and immigration or civil commitment implications; be familiar with mental health and substance abuse issues applicable to each defendant; be able to recognize the need for expert services including but not limited to investigators; and be able to satisfy the terms and conditions of this Agreement. B. Trainina. For each attorney of the Contractor, a minimum of 32 of the reportable continuing legal education credits per reporting period shall be in the areas of criminal defense law, criminal process, trial advocacy, legal writing, appellate work, law practice management, or any other subject that, in the opinion of the Contractor, is applicable to providing criminal defense services. Agreement for Conflict Indigent Defense Services Page 3 of 16 Exhibit B to Resolution IX. USE OF RULE 9 INTERNS A. Workload of Rule 9 Interns. Contractor may employ interns qualified under Admission to Practice Rule 9 who perform work pursuant to this Agreement. Rule 9 interns shall remain under the supervision of the contractor, and an attorney for Contractor shall remain responsible for the cases for which the Rule 9 provides services. B. Qualifications of Rule 9 Interns. Rule 9 interns shall be required to abide by Sections VII and VIII except that Rule 9 interns shall not be required to complete the training requirements of Section VIII, and in place of the requirement to satisfy the minimum qualifications to practice law as established by the Washington Supreme Court, the Rule 9 intern must comply with the provisions of APR 9. Rule 9 interns shall be closely monitored by the more senior attorneys of the Contractor. X. DISCOVERY TO BE PROVIDED The City shall provide Contractor one (1) copy of all discoverable material concerning each assigned case. XI. NUMBER OF ATTORNEYS EMPLOYED At the time of signing this Agreement, Contractor employs one (1) attorney who occupy one (1) fulltime equivalent attorney positions to serve this Agreement. XII. REFUSING APPOINTMENTS A. Caseload Monitoring. Contractor shall continually monitor the caseload and performance of Contractor as a whole and each attorney providing services pursuant to this Agreement. Contractor shall provide projections at least three months in advance regarding the caseload limits based upon the number of attorneys employed by Contractor and trends in case filings or appointments received. B. Caseload Level Shiftina. In the event an attorney is handling a caseload such that the attorney is unable to provide effective assistance of counsel to each and every defendant, Contractor shall reduce the caseload of that attorney, and shift the reduced portion of the caseload to another attorney employed by the Contractor if another attorney is available. C. Refusal of Appointments. Contractor shall monitor the total number of cases handled by Contractor pursuant to this Agreement. In the event Contractor is handling an excessive number of cases such that Contractor is unable to provide each and every defendant with effective assistance of counsel, then Contractor shall refuse further appointment of cases until such time as Contractor employs additional attorneys or the number of cases per attorney is reduced. Work performed pursuant to this Agreement shall be Contractor's priority, and prior to Agreement for Conflict Indigent Defense Services Page 4 of 16 Exhibit B to Resolution refusing further appointments, Contractor shall attempt to withdraw from cases that Contractor handles that are not within the scope of this Agreement and shall refuse to accept cases from clients outside of the scope of the work called for in this Agreement. XIII. EXPERTS AND INVESTIGATORS Contractor may retain experts and investigators of the Contractor's choosing as deemed necessary to the effective defense of the defendant, and may apply to the court for such services pursuant to applicable court rules. The fees for expert witnesses shall be included in the costs that the City pays Contractor except as ordered by the Court pursuant to CrRLJ 3.1(f). XIV. COSTS OF TRANSCRIPTION The City agrees to reimburse the Contractor for all reasonable costs associated with obtaining and transcribing trial court records for appeal purposes if such costs have not been waived. XV. CONFLICTS OF INTEREST Contractor shall maintain a database of client information sufficient for the Contractor to determine the existence of any conflicts of interest. In the event representation of a defendant would constitute a conflict of interest, Contractor shall take such action as is appropriate pursuant to the Rules of Professional Conduct. In the event the Contractor is disqualified or excused as counsel of record due to a conflict of interest, Contractor shall not be required to pay any compensation to another attorney assigned to represent the defendant. XVI. INTERNAL PERFORMANCE MONITORING AND ATTORNEY SUPERVISION A. Performance Monitoring In General. Contractor shall establish a program for managing the performance of attorneys who provide the services called for in this Agreement. The performance monitoring program shall have the purpose of ensuring that each defendant receives effective assistance of counsel, and the terms and conditions of this Agreement are met. The monitoring program shall be developed and administered by the Contractor, and shall: 1. Be actively performed and managed by a partner-level attorney of the Contractor; 2. Be continual in nature. Monitoring shall occur no less than quarterly; provided, caseload monitoring shall occur no less than weekly; 3. Monitor the caseload of the Contractor and each attorney providing services pursuant to this Agreement; Agreement for Conflict Indigent Defense Services Page 5 of 16 Exhibit B to Resolution 4. Monitor the performance of each employee who provides services pursuant to this Agreement; 5. Hold employees accountable for deficient performance of the services called for in this Agreement; 6. Have measures to correct the deficient performance of employees performing under this Agreement; and 7. Contain measures to develop and improve the performance of each employee providing services pursuant to this Agreement. B. Monitoring Program — Scope of Review. The monitoring program shall, at a minimum, be designed to review the following of each attorney or Rule 9 intern: 1. Knowledge of the law and expectations of criminal defense counsel 2. Preparation of cases 3. Responsiveness to clients 4. Effectiveness of in-court interactions with clients 5. Effectiveness in the courtroom 6. Negotiation skills and strategy 7. Attorney or Rule 9 caseload C. Program Certification. The internal monitoring program shall be submitted to the Housing and Human Services Division within 30 days of the execution of this Agreement. Contractor shall certify no less than annually that monitoring has occurred in conformity with this Agreement. XVII. REMOVAL OF ATTORNEY A. Removal by Contractor. In the event Contractor determines, through its internal performance monitoring and attorney supervision program that an attorney or Rule 9 intern working for Contractor fails to comply with the terms of this Agreement, then Contractor shall immediately take action to prevent that attorney or Rule 9 from providing the services called for in this Agreement. B. Recommendation of Removal by City. In the event the City determines that an attorney working for the Contractor has breached this Agreement, the City may, at its sole discretion and as an alternative to termination of this Agreement, require Contractor to take action to prevent that attorney from providing the services called for in this Agreement. Agreement for Conflict Indigent Defense Services Page 6 of 16 Exhibit B to Resolution XVIII. CITY CONTRACT ADMINISTRATOR — CONTRACT OVERSIGHT This Agreement shall be managed and monitored by the Housing and Human Services Division of the City's Parks Department or by such other division of the City as determined by the City's Chief Administrative Officer. All reports or certifications required by this Agreement shall be delivered to the Human Services Department. XIX. REPORTS OF CONTRACTOR Contractor shall maintain a case reporting and case management information system, and shall submit reports to the Housing and Human Services Division as follows: A. Reports shall be submitted on a quarterly basis and shall be a condition of payment pursuant to Section XXVI. B. Reports shall contain the following information: 1. Number of cases to which Contractor was appointed 2. The names of defendants to which Contractor was appointed 3. The case number starting with "K" 4. The date of appointment 5. The charge(s) filed against the defendant 6. The case weight assigned to the case pursuant to Section XII 7. The number of appellate level cases pending S. The average number of cases handled per full time attorney equivalent by Contractor over the reporting period C. Contractor shall not be required to compromise any attorney-client privilege when providing these reports. XX. COMPLAINTS AND CORRECTIVE ACTION A. Complaints Directed to Housing and Human Services Division. Any complaints regarding Contractor or an attorney or Rule 9 providing services pursuant to this Agreement, whether received by the City, the Contractor, or the Court, shall be directed to the Housing and Human Services Division. B. Investigation. In the event a complaint is received by or directed to the Housing and Human Services Division, and is not timely resolved by a partner level attorney of the Contractor to the satisfaction of the complainant, the Housing and Human Services Division will investigate the complaint by reviewing the complaint, discussing the matter with the complaining party, discussing the matter with the Contractor, and determining whether a violation of this Agreement has occurred. The Housing and Human Services Division may consult with legal counsel other Agreement for Conflict Indigent Defense Services Page 7 of 16 Exhibit B to Resolution than the City Attorney's Office, or another expert as deemed necessary, in order to resolve the complaint. In addition, the Housing and Human Services Division may consult with the Washington State Bar Association when appropriate. C. Corrective Action Plan or Termination. In the event the Housing and Human Services Division determines that a violation has occurred, the Housing and Human Services Division may develop a corrective action plan or terminate this Agreement in the event it is determined that termination is appropriate. Contractor shall cooperate in any investigation of a complaint, and any corrective action plan developed by the Housing and Human Services Division. XXI. TERMINATION A. For Cause. The City or the Contractor may terminate this Agreement immediately in the event the other party breaches the Agreement and such breach is not corrected to the reasonable satisfaction of the injured party in a timely manner after notice of breach has been provided to the other party. Each and every term of this Agreement is material. The failure of any party to comply with any term of this Agreement shall constitute a breach of this Agreement. B. For Reasons Beyond Control of Parties. Either party may terminate this Agreement without recourse by the other where performance is rendered impossible or impracticable for reasons beyond such party's reasonable control such as, but not limited to, acts of nature; war or warlike operations; civil commotion; riot; labor dispute including strike, walkout, or lockout; sabotage; or superior governmental regulation or control. C. Without Cause. Either party may terminate this Agreement at any time without cause upon giving the non-terminating party not less than ninety (90) days prior written notice. XXII. CONTINUATION OF REPRESENTATION AFTER TERMINATION In the event of termination of this Agreement, Contractor shall continue representation of defendants to whom Contractor was assigned prior to the termination until such time as another defender has been appointed to represent such defendants. Except in cases in which the Contractor is unable to provide services in conformance with this Agreement, Contractor shall not submit to the court a motion to withdraw from representing defendants to which the Contractor was assigned until such time as new counsel has submitted a motion to substitute counsel. XXIII. NON-DISCRIMINATION Contractor shall not discriminate in the hiring of employees or the provision of services pursuant to a contract with the City, and shall be required to execute a certification of compliance with the City's policy regarding minority and women contractors. Contractor shall execute the attached City of Kent Equal Employment Agreement for Conflict Indigent Defense Services Page 8 of 16 Exhibit B to Resolution Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XXIV. PROOF OF LIABILITY INSURANCE Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XXV. INDEMNIFICATION Contractor shall indemnify, defend, and hold the City, its elected officials, officers, and employees harmless from any and all claims whatsoever related to or arising from the performance of the Contractor's obligations pursuant to this Agreement, including but not limited to claims arising out of the errors and omissions of the Contractor relating to the representation or lack of representation of clients, and/or by reason of accident, injury, or death caused to any persons or property of any kind occurring during the performance or lack thereof of the work required by this Agreement, or traveling to or from any place to perform the work required by this Agreement, except to the extent they are caused by the sole negligence of the City. The failure of the Contractor to carry insurance in a quantity sufficient to defend a claim or lawsuit or cover any judgment that results shall not operate to limit the Contractor's indemnification or defense of the City. This indemnification section shall survive the expiration or termination of this Agreement. XXVI. COMPENSATION A. Payment for Services. The City shall provide to Contractor for services rendered under this Agreement the sum of $3,200.00 per month. Attorney shall bill the City each month for services rendered herein. B. Billina. The Contractor shall bill the City, in care of the City's Housing and Human Services Division, on the first day of the month, or the first workday thereafter for the monthly installment set forth in subsection A of this section, and any transcription costs as permitted by this Agreement. C. Payment. The City shall make payments within 30 days of receipt of Contractors bill. Except as provided elsewhere in this Agreement, the payment set forth in this section shall be inclusive of administrative costs, support costs, and all costs associated with the conduct of the Contractor's business. XXVII. SUBCONTRACTING PROHIBITED Except in extraordinary circumstances, Contractor shall not subcontract with another attorney or law firm to provide the services required herein. Contractor shall remain directly involved in and responsible for the representation of all assigned defendants. Agreement for Conflict Indigent Defense Services Page 9 of 16 Exhibit B to Resolution XXVIII. ASSIGNMENT PROHIBITED No assignment or transfer of this Agreement or of any interest in this Agreement shall be made by either of the parties, without prior written consent of the non- assigning party. XXIX. AGREEMENT APPLICABLE TO ALL EMPLOYEES AND VOLUNTEERS The terms of this Agreement shall apply to all persons who are employed by, or who volunteer for, the Contractor, including but not limited to attorneys, interns, paralegals, office assistants, secretaries, and investigators. XXX. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR AND NOT EMPLOYEE This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. Contractor shall secure at its own expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, worker's compensation, and all other payroll deductions for the Contractor and its officers, agents, and employees and the costs of all professional or business licenses in connection with the services to be performed hereunder. Contractor shall be solely responsible for any and all claims or lawsuits filed against Contractor by personnel employed by the Attorney related to the conditions or terms of employment by the Contractor, and the Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits. Contractor further agrees that its employees are not considered employees of the City for the purposes of participating in any state or federal program, including but not limited to the retirement program provided by the Washington Department of Retirement Services, and in the event that a claim is made to the contrary by any employee or volunteer of the Contractor, Contractor shall defend, indemnify, and hold harmless the City and its employees and officers from any such claims or lawsuits and shall pay all awards ordered against the City for such claims or lawsuits. XXXI. ADDITIONAL SERVICES Contractor may be requested to perform additional services beyond the original scope of services as defined in section 1 of this Agreement. Such work will be undertaken only upon written authorization of the City based upon an agreed amount of compensation. Agreement for Conflict Indigent Defense Services Page 10 of 16 Exhibit B to Resolution XXXII. NOTICES All notices and other written documentation shall be sent to the parties at the following addresses unless otherwise requested in writing: City of Kent: Contractor: Mayor Jordan Law Offices, P.S. City of Kent 2201 N. 30th Street 220 Fourth Ave. S. Tacoma, WA 98403-4040 Kent, WA 98032 XXXIII. ENTIRE AGREEMENT — AMENDMENTS This instrument contains the entire Agreement between the parties for the contemplated work and services to commence April 1, 2012, and it may not be enlarged, modified, altered, or amended except in writing signed and endorsed by the parties. XXXIV. DUPLICATE ORIGINALS This Agreement is executed in duplicate originals. XXXV. EFFECTIVE DATE The terms of this Agreement shall take effect on April 1, 2012. CITY: ATTORNEY: City of Kent Print Name: Suzette Cooke Print Name: Title: Mayor Title: Dated: Dated: ATTEST: Brenda Jacober, City Clerk APPROVED: Katherin Johnson, Housing and Human Services Manager, City of Kent Agreement for Conflict Indigent Defense Services Page 11 of 16 Exhibit B to Resolution 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 20 By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 Exhibit B to Resolution 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, 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. EEO COMPLIANCE DOCUMENTS - 2 Exhibit B to Resolution 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_ (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 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. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit B to Resolution EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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 by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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. Exhibit B to Resolution EXHIBIT A (Continued) 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 contractor 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 Contractor'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.M. Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: March 6, 2012 SUBJECT: Kent Municipal Court Remodel Procurement Code Requirements — Authorize MOTION: Authorize the City, as construction manager, to apply the City's procurement code requirements to purchases of individual products, services, and supplies for the Kent Municipal Court remodel, and to ratify all acts consistent with this motion. SUMMARY: The City's facilities division is acting as the construction manager for the remodel of the Kent Municipal (formerly Aukeen) court building. Estimated savings from using city forces to conduct the work is in the range of $600,000 to $800,000. In order to complete the work, the City will make numerous purchases for goods or services on an individualized basis. This will include items as simple as a trip to the hardware store to pick up nuts and bolts or as comparatively large as the purchase of all furniture for the remodeled space. Normally, under the city code, we do not "split" bids on purchases that are part of a larger, single project. However, in this unusual instance where the City is the construction manager that purchases every individual item, it would be impractical to, for example, go out to bid to buy 3 sheets of drywall. Using this approach would increase costs and cause enormous delay. Accordingly, the City asks that staff be able to apply the procurement code limits to individual purchases. So, if an item costs under $10,000, the department head (or his designee) has authority to make the purchase. If a purchase costs between $10,000 and $25,000, staff will get at least three quotes; if the cost is between $25,000 and $50,000, staff will get at least three written quotes; and if the cost exceeds $50,000, staff will go out for advertised bids or conduct an RFP. In this manner, institutional controls put in place by the council remain in effect for individual purchases, while at the same time allowing for efficient, cost-saving construction. Finally, with regard to spending authorization, there will be no change there, either: if the purchase exceeds $10,000, the Mayor must sign the contract or purchase order, and if the purchase exceeds $25,000, council must first approve before the Mayor signs. EXHIBITS: None RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 6, 2012 SUBJECT: 2012 Highline School District Agreement for Camp Waskowitz Facility Rental - Authorize MOTION: Authorize the Mayor to sign the 2012 contract with Highline School District to rent the Camp Waskowitz Facility, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: This 2012 contract with Highline School District #401 leases the Camp Waskowitz facility in North Bend for one week, August 6 - 10, 2012. Children entering 5th 6th and 7th grades in the Fall of 2012 can sign up for this one week summer resident camp. The revenue generated from program fees collected for camp covers the entire rental fee. EXHIBITS: Highline School District Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Camps budget. 11ighline School District No. 401 . Camp Waskowitz Rental Agreement 45505 S.E. 150"St.,North Bend,WA 98045 Seattle—(425)277-7195 North Bend—(425) 888-0681 Mailing Address: Camp Waskowitz, 15675 Ambaum Blvd. S.W.,Burien,WA 98166 (206)631-7626 Applicant Kent Parks In Charge Julie Stangle Organization At Camp Address 525 Fourth Ave No.,Kent,WA 98032 Phone ( 253 1 856-5030 Age of Est.No. Est. Total Campers Youth Girls Boys Adults: M F No, Campers 190 Arrival Monday,August 6 2012 g approx. I1:00 a.m. Dinner First Meal(Breakfast 8:00,Lunch 12:00,Dinner 5:30 Departure Friday,August 10 2012 2 anprox 2 00 p.m. Lunch @ I I'00 a.m. Date Time - Last meal (Breakfast,Lunch,Dinner) 75-124 people=$224,00 per person, 125-149 people=$216.00 per person Cost Quote on Estimated Total: $ 212.00 per person for 4 night(s) and 12 meal(s) Additional charges/fees Total Charge $ Less Deposit . $ 1 (9( ) Date Certificate oflnsuVranc received Amount Due $ Month/Day/Year CERTIFICATE OF INSURANCE: The lessee, at its own cost,shall maintain public liability insurance for bodily injuries (including sickness or death) and property damages in the minimum amount of$1,000,000 combined single limit per occurrence, and in the minimum amount of$2,000,000 in the aggregate Employers Liability(Washington Stop-Gap)in the amount of no less than $1,000,000 per accident for owned,non-owned and hired automobiles. Prior to using the site,the lessee shall furnish the Camp Waskowitz office with a Certificate of Insurance evidencing this coverage and naming the Highline School District as an additional insured and as the certificate holder. HOLD HAFMLESS AGREEMENT: To the fullest extent permitted by law,the lessee releases and shall defend,indemnify and hold harmless the Highline School District and its directors, agents, employees,successors and assigns from and against all claims, damages,losses and expenses, direct and indirect, or consequential, including but not limited to costs and attorneys' fees incurred on such claims and in proving the right to indemnification, arising out of or resulting from the acts or omissions of the lessee or its agents and anyone directly or indirectly employed by them or anyone for whose acts they may be liable. POOL USE Any rental group using the pool is responsible for famishing a qualified life guard while the pool is in use. A qualified life guard shall mean any person over 18 years of age, in good physical condition,having a current registered WSI,Red Cross or other approved lifeguard certification, and having no other duty to perform while in attendance at the pool. A copy of the certificate with current date must be submitted prior to pool use. Pool use shall be during daylight hours only(8:00 a.m.to 8:00 p.m.) Failure to comply with any of the rules will necessitate the closure of the pool. I have read and understand the rules and regulations listed on the back of this application and agree to abide by them. HIGBL= SCHOOL DISTRICT#401 Organization Organization By 6� r`, f BY. Signature \mil Signature Date a ' G l \ 1 Date Please read the back side of this form Rev. 8/02 APPLICATION PROCEDURES Please Read Carefully 1. Deposit - This agreement must be accompanied by a deposit 10%of the estimated total cost or$250.00,whichever is greater,in order to assure the reservation. Retain(1) copy for your records 2. Cancellation Policy - - a Notification of cancellation 60-90 days prior to scheduled date will result in loss of deposit. Notification of cancellation 45-59 days prior to scheduled date will result in a charge of 25%of estimated cost. ® Notification of cancellation 30-44 days prior to scheduled date will result in a charge of 50%of estimated cost. e Notification of cancellation 14-29 days prior to scheduled date will result in a charge of 75%of estimated cost. m Notification of cancellation less than 14 days prior to scheduled date will result in a charge of 100%of estimated cost. 3. Unless the Waskowitz District Office is notified of a decrease in the total number attending at least two work days before the first scheduled meal at Camp,the group will be charged on the basis of"Est.Total No. Campers" or actual number of Campers,whichever is higher. 4. Rates quoted do not include bedding,linen,recreation equipment,or audio-visual equipment. Provision of these are the responsibility of the renting group. Camp equipment or bedding may be provided at an additional charge. 5. A statement of charges will be sent to the lessee shortly after the rental period ends. Prompt payment should be made to Highline School District and sent to Highline School District, 15675 Ambaum Blvd. S.W.,Burien. WA 98166. E The rates quoted by Camp staff are arrived at on the basis that the lessee will leave the Camp in the same order and in as good condition as they found it on arrival. An added charge will be made if additional work must be done to ready the Camp for the next group. 7. The lessee will be held financially accountable for any damage to Camp equipment or facilities done by a member or members of the leasing group. 8. Adequate adult supervision must be provided for all youth groups. It is suggested that a minimum ratio for a mixed group of youth or teenagers should be 1 to 10. 9. Meal menus will be developed by Camp staff. Special requests should be arranged with the Head Cook at least 3 weeks prior to arrival. GENERAL RULES AND REGULATIONS It is requested that the"Person in Charge at Camp"go over the following regulations with his/her group before their arrival at Camp. He/she must see that all regulations are adhered to by members of his/her group. Further,it is proposed that the following general regulations will be observed: 1. Firearms, air rifles,pellet guns, slingshots,look alike weapons, alcoholic beverages,illegal drugs/substances etc, are not allowed on the grounds. 2. No smoking is allowed on Camp property. 3. No campfires will be set without permission of the Camp staff. 4. Thermostats will be regulated only by Camp personnel. 5. Absolutely no tampering with the fire protection sprinkler system or fire alann boxes located in each cabin. 6. No material (i.e.towels, clothing,posters, etc.,should be hung over or near heaters or lights at anytime. 7. Fire regulations state"No vehicles shall be parked in or near the vicinity of buildings". Vehicles are to be parked in the Camp parking lot only. 8> No Camp equipment,i.e.beds, gear boxes,mattresses,tables, chalkboards shall be moved without permission of the Camp staff. If moved,they are to be returned to the original location prior to departure. 9. Swimmers must obey pool regulations (posted at pool entrance). A pool key will be provided to the"Person In Charge". The pool must be kept locked when qualified life guard is not on duty. The pool is open June through August. I0. Meals are served family style or buffet style in the Dining Hall at 8:00 a.m., 12:00 noon, and 5:30 p.m. Dinners after 5:30 p.m.will result in an additional charge. 11. Pets are not allowed on Camp property.. 12, Guests of members of the lease group may not use the facility or will be charged as part-time users. 13. Walk only on established paths or trails. 14. No trees,plants or shrubs may be cut. 15. The Waskowitz phones are for our business purposes. Please provide your group with a cell phone number to use while at Waskowitz. Rev.6/08 i ® DATE(MMIDD/YYYY) AoiC"Rca CERTIFICATE OF LIABILITY INSURANCE 1/20/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED III REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must he endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . ACT PRODUCER Alliant Insurance Services, Inc. PHONE IAIC NeL _ uc Nn E�206-204-9140 FAX 206-204-9205 720 Olive Way,Suite 1700 E-MAIL Seattle WA 98101 AODREss: c ins n INSURER(SIAFFORDING COVERAGE NAICH _ INSURERA:Princeton Excees-& Cp114S _. 7 INSURED KE583802 INSURERB: City of Kent — -- INSURERC: 220 Fourth Avenue South INSURER D: _ .- Kent WA 98032-5895 INSURERE: _ INSURER F: COVERAGES CERTIFICATE NUMBER:1473569791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - AOOL UBR POLICY EFF POLICYEXP LIMITS LTR TYPE OF INSURANCE INS R WVD POLICYNUMBER MMIDDrfYYY MMIDDNYYY A GENERAL LIABILITY 1-A3-RL-00000E9-01 1/1/2012 1112013 EACH OCCURRENCE $5,D00,000 DAMAGE TO RENTE X COMMERCIAL GENERAL LIABILITY PREMISES Ea cccurrenw b CLAIMS-MADE ❑ OCCUR MED EXP(Any one person) _ $ _ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP ASS S POLICYF—j PRO- LOC S I 'I A AUTOMOBILE LIABILITY N1-A3-RL-0000069-01 IfI12012 11/2013 Be accident SS 000,000 X ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED BODILY INJURY(PerecddenQ 5 AUTOS AUTOS NO OWNED PROPERTY DAMAGE $ ! Per accident_ HIREDAUTOS AUTOS $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $_ DED RETENTIONS $ VJC LAID H- S WORKERS COMPENSATION RV L - OT ER _ AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT $ _. NIA OFFICER/MEMBER EXCLUDED' (Mandatory in NH) E.L.DISEASE-EA EMPLOYE b If yes,describe rods' E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS below I I DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Hmore space is requiretll RE: Use of the facilities of Camp Waskowitz the week of August 6th-10th,2012. Camp for 160 children going into the 5th,6th and 7th grades Fall 2012. Staffed by 38 adult volunteers. it CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Highline School District Camp Waskowitz ACCORDANCE WITH THE POLICY PROVISIONS. t Attn: Ron Meyer 15675 Ambaum Blvd SW AUTHORIZED REPRESENZLTIVE Burien WA 98166 ©1988.2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 6, 2012 SUBJECT: 2012 Washington State Slo-Pitch Umpires Association Agreement - Authorize MOTION: Authorize the Mayor to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2012 season, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Participating teams in the city of Kent adult softball program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2012 contract will likely exceed $25,000. Participant fees cover all costs for this program. EXHIBITS: Good and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Recreation Operating Budget KETI7" 'Nns rvirvciory '. GOODS SERVICES AGREEMENT between the City of Kent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 1, 2012 to September 30, 2012 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these j goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by completion of the Softball Season, September 30, 2012, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) i CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000,00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI, INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. i The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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, 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 party 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 XI 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 r 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. 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. 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 Vendor. 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. All of the above documents are hereby made a part of this Agreement. However, 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. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. i GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: i VENDOR: CITY OF KENT: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63rd PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In th[s field,you may enter the elec[ronlc Hlepath where the contrad has been saved] GOODS & SERVICES AGREEMENT 7 (Over$10,000,00, including WSST) 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 i 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, 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. EEO COMPLIANCE DOCUMENTS - 2 of 3 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_ (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 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. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A Insurance Requirements for Softball Agreement 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 this Agreement by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CGT 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury, and liability assumed under the insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. it B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with the limits no less than $2,000,000 per each occurrence, 2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 4. City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial 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.M. Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the Agreement. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall be subject to all of the same insurance requirements as state herein for the Contractor. i KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 6, 2012 SUBJECT: 2012 King County/Amateur Softball Association Umpires Association Agreement - Authorize MOTION: Authorize the Mayor to sign the King County ASA Umpires Association Agreement for the 2012 season, subject to final terms and conditions acceptable to the City Attorney and Parks Director. SUMMARY: Participating teams in the city of Kent adult softball program annually select their preferred umpires association to provide umpire coverage for league play. Each year up to 180 teams will play in league games covered by the King County Amateur Softball Association Umpires Association. As a result, the 2012 contract will likely exceed $25,000. Participant fees cover all costs for this program. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the Recreation Operating Budget KENT GOODS & SERVICES AGREEMENT between the City of Kent and King County/ASA Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and King County/ASA Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 605 Cedar DR SE, Auburn, Washington (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 1, 2012 to September 30, 2012 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and one (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by completion of the Softball Season, Septemeber 30, 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) King County/ASA Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor 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. XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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, 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 party 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 XI 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. 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. 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 Vendor. 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. All of the above documents are hereby made a part of this Agreement. However, 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. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jim Oswald David E. Heldt/Kent Commons King County/ASA Umpires Association City of Kent 605 Cedar DR SE 220 Fourth Avenue South Auburn, WA 98002 Kent, WA 98032 253-931-8185 (telephone) (253) 856-5000 (telephone) 253-395-7935 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic file bath where the contact has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) 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: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 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, 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. EEO COMPLIANCE DOCUMENTS - 2 of 3 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_ (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 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. Dated this day of 200__. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A Insurance Requirements for Softball Agreement 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 this Agreement by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CGT 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury, and liability assumed under the insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with the limits no less than $2,000,000 per each occurrence, 2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 4. City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial 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.M. Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the Agreement. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall be subject to all of the same insurance requirements as state herein for the Contractor. KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 6, 2012 SUBJECT: Vineyards Plat Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Vineyards Plat project permit No. 2063566, for 3 gate valves, 1 hydrant and 424 linear feet of waterline, 5 sanitary sewer manholes and 536 linear feet of sanitary sewerline, 2,342 linear feet of new curb and gutter, 2,155 linear feet of sidewalk, 2,185 linear feet of new street, 2,100 linear feet of frontage improvement, 1 storm sewer manhole, 13 catch basins, 42 linear feet of biofiltration swale, 62,820 cubic feet of detention pond storage, and 732 linear feet of sewerline. SUMMARY: The Vineyards Plat is located 3506 S. 260th Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: OT 220—4mAVENUE SOUTH KENT,WASHINGTON 98032 KENT WASHINGTON Project: The Vineyards t�i3 e Permit#: SU-2005-9 . Ei,, Location: Parcel#: ".Y �zl�l' lttki 011 BILL OF SALE fvq ' CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this Z 3 rr day of jAM(, r 20 ,by and between ,hereinafter called"Grantors", and City of Kent, a municipal corporation of King County, Stateof Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant,bargain, sell to Grantee the following described improvements: A.WATERMAINS: Together with a total of 3 gate valves at$ 900.00 each, 1 hydrants at $ 3,800.00 each and/or any other appurtenances thereto. ON FROM TO (street,easement,etc.) 36"Ave S S. 260t°Street Cul-de-sac Including 424 linear feet at$ 98.00 per LF of 8" (size&type) D.I. waterline. B.SANITARY SEWERS: Together with a total of 5 manholes at$ 5,000,00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 36u Ave S S. 260"Street Cul-de-sac Including 445 linear feet at $ 122.00 per LF of 8" PVC (size&type) sewerline. Including 91 linear feet at$ 150.00 per LF of 10" PVC (size&type) sewerline. C.NEW STREETS: Together with curbs, gutters, sidewalks, and or any other appurtenances ON FROM TO (street,easement, etc.) 36`h Ave S S. 260th Street Cul-de-sac ON FROM TO (street, easement,etc.) S. 260°i Street Military Rd 38th Ave S ON FROM TO (street,easement,etc.) 38"Ave S S.260`h Street Reith Rd Including 2,342 linear feet at $ 21.00 per LF of 6"vertical curb (size&type)curb and gutter (improvement). Including 22,155 linear feet at $ 30.00 per LF of 5' cone, size&type) Sidewalk(improvement). Including 443 linear feet at$ 150.00 per LF of 29 foot wide(size&type) Asphalt road w/culdisac (improvement). hncluding 1 752 linear feet at$ 50.00 per LF of varies(size&type)Asphalt road(improvement). C.FRONTAGE IMPROVEMENTS: Together with lights,trees, landscaping(except residentail streets),and or any other appurtenances ON FROM TO (street,easement,etc.) 36`h Ave S S.260'b Street Cul-de-sac ON FROM TO (street,easement, etc.) S.260th Street Military Rd 38°i Ave S ON FROM TO (street,easement, etc.) 38`h Ave S S.260th Street Reith Rd Including 2��linear feet at $ 20.00 per LF of (size&type) planter strips w/street trees (improvement). ASTORM SEWERS: Together with a total of 1 manholes at $_3 900.00 each or total of 13 catch basins at $ 1 200.00 each, 42 LF of biofiltration Swale or drainageditch with a total cost of $ 630.00 62�®cubic feet of detention pondstorage with a total cost of $_125,640.00 and/or any other appurtenances thereto. ON FROM TO (street, easement,etc.) 36"'Ave S S. 260'"Street Cul-de-sac ON FROM TO (street, easement,etc.) S.260 Street Military Rd 38th Ave S ON FROM TO (street, easement, etc.) 38t°Ave S S.260s'Street Reith Rd Including 732 linear feet at$ 50.00 per LF of 12" (size&type) PVC sewerline. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that itis the lawful owner of said property; and thatthe same isfree from all encumbrances;that all bills for labor and materials have been paid;that it has the rightto sell the same aforesaid; thatit will warrant and defend the same against the lawful claims anddemand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. TheCity accepts the items subject to staff approval and completion of a 2 year maintenance period. IN WITNESS WHEREOF,the, tndersigned has caused thisinstrument to be executed on this d`l day of J a vs ,20 f 2-- . �rJt-lN fJ. c'eP�'aTFi �17f�-A IN WITNESS WHEREOF,the undersigned has caused thisinstrument to be executed on this day of 20_ STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of Y Ua v`t 20 E�Z ,before me,theundersigned A Notary Public in and for the State of Washington, duly commissioned and swom,personally appeared 5' e[,%AU\ 'D, dot askv vuk vie cn to me known to be the individualdescribed in and who executed the foregoing instrument, and acknowledged to me that L'she signedand sealed thisinstrument as is er free and voluntary act and deed for theuses and purposes thereinmentioned. GIVEN under myhand and official seal this � �day of 7akvkUofj 20 11— v � � �e \SS%0 �¢%;4, °'h° ota"�uTific in i aToP�e Stake of a®- ?® V� Washington,residing at SU d r Ni s s iU e Chl W k 'i, bal =2 = I Vol. i.°a,,Oq 2 5 yh,��Az m My Commission Expires: vi� Z STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20_,before me,theundersigned A Notary Public in and for the State of Washington,duly commissioned and swom,personally appeared and to me to bethe and respectively of the that executed the foregoinginstrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated thatthey are authorized to execute the said instrument. Witness my hand and official seal heretoafl'ix the day and year first above written. Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to amotion duly made, seconded, and passed bythe CityCouncil of the City of Kent,King County,Washington,on the day of 20 I WASHINGTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for The Vineyards Plat project dated //z3 112. for the same said Vineyards Plat projectMark.Plog,PE,PLS the undersigned professional engineer and land surveyor is the person responsible for the preparation of the Bill of Sale and said figures are based upon the approved Record Drawings, E—Xpms MARK X.PL I i REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES February 7, 2012 Committee Members Present: Les Thomas (chair), Dennis Higgins, Jamie Perry The meeting was called to order by L Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 17, 2012. J. Perry moved to approve the Operations Committee minutes dated January 17, 2012. D. Higgins seconded the motion, which passed 3-0. 2. MOVE TO RECOMMEND COUNCIL APPROVE THE REAPPOINTMENT OF BARBARA SMITH TO THE LODGING TAX ADVISORY COMMITTEE. Barbara Smith's new 3-year term will expire on December 31, 2014. She will fill the role as the representative in activities funded by the lodging tax. D. Higgins moved to recommend Council approve the reappointment of Barbara Smith to the Lodging Tax Advisory committee. J. Perry seconded the motion, which passed 3-0. 3. MOVED COUNCIL TO RECOMMEND THE OPERATIONS COMMITTEE AUTHORIZE ADMINISTRATION TO WRITE-OFF SD( UNCOLLECTIBLE ACCOUNTS TOTALING $98,141.33 AND FORWARD THIS MATTER TO THE CITY COUNCIL MEETING OF FEBRUARY 21, 2012. B. Nachlinger briefly reviewed the listed accounts. Last year's write-offs totaled $15,000.00. J. Perry moved council to recommend the Operations Committee authorize Administration to write-off six uncollectible accounts totaling $98,141.33 and forward this matter to the city council meeting of February 21, 2012. D. Higgins seconded the motion, which passed 3-0. 4. ANIMAL SERVICES CONTRACT UPDATE (INFORMATION ONLY) J. Hodgson, Chief Administrative Officer and J. Watling, Parks, Recreation and Human Services Director provided an update. King Co and the contracting cities have a new 3-yr contract. King County is investing more into the project so the cost for Kent will be $270k, which is a $100k reduction from the previous contract. The extended period of time gives the contracting cities until May 1 to determine whether they will provide individual services outside the County. A Letter of Intent will be submitted to the County at that time. Kent will still consider forming a Humane Society type of organization, which would serve to help and educate responsible pet ownership. J Watling continues to work with the County committee and the local group of vets and animal advocates. King County and Dow Constantine have changed their original position and have indicated that they do not want to be out of the animal services business. Future discussion will include the existing shelter and how long that building will last. A contract with the County would be built around an adjustable Consumer Price Index and revenue from licensing. The Operations Committee was unanimously in favor of moving forward with the three-year contract. Operations Committee Minutes February 7, 2012 Page: 2 S. MOVE COUNCIL APPROVE THE RESOLUTION TO WAIVE THE COMPETITIVE BIDDING PROCEDURES FOR THE REPLACEMENT OF THE NETTING AT RIVERBEND GOLF DRIVING RANGE. As a result of the ice storm, the netting at the Riverbend Golf Driving Range became heavy with ice and collapsed, causing damage. The range is currently open with limited use although it poses as a threat to the adjoining apartment building, Colony Park, and pedestrians on the Green River Trail. Revenue is being lost due to the limited use. To control our losses, T. Brubaker, City Attorney proposed Council authorize waiving competitive bidding for the replacement of the netting at the Riverbend Driving Range and place it as an action item under Other Business at tonight's Council meeting. The City's Insurance Company will pay for the repairs and three bids have already been obtained. D. Higgins moved that Council approve the resolution to waive the competitive bidding procedure for the replacement of the netting at the Riverbend Golf Course Driving Range. J. Perry seconded the motion, which passed 3-0. 6. BOND RATING (INFORMATION ONLY) The Mayor informed council that the City rating with Moody's Investor Services downgraded the Limited Tax General Bond from an Aa3 to an Al status (one notch lower). The Mayor is contributing this to the economic challenges we have been experiencing, including Streamline Sales Tax and Annexation funds, which other cities are not relying on as much as Kent. She presented the council with additional information for the discussion and will distribute to the other council members. J. Perry commented the budget is going to be discussed at the council retreat and this information will be a good framing. The Mayor discussed the importance of sustainable funding models and what actions the city is already taking. The Moody report notes that the "city appears to be in the early stages of turnaround, committed to rebuilding negative fund balances, paying down interfund debts and stabilizing recurring fund operations.". City staff will work through Operations Committee Chair Thomas to schedule committee discussions that specify suggestions for consideration in the 2013 budget process. J. Perry noted she discussed with L. Thomas and D. Higgins she is going to "revamp"the city financial policies and will bring them to Operations for discussion. The meeting was adjourned at 4:40 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION