Loading...
HomeMy WebLinkAboutIT08-035 - Original - Bradley & Guzzetta, LLC - Legal Support For Cable Franchise Renewal Project - 04/23/2008 9i Records MNZ me KENO Document WASHINGTON I CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact ity Clerks Office. Vendor Name: J >►acl1e (z:r ozz't�--W'5z- Vendor Number: JD Edwards Number Contract Number: : - r6 s - o3s This is assigned by Clerk's Office Description: � �i���` CG �Of � TIC Lrapli I'sc' Detail: I I Project Name: Contract Effective Date: ao o 9 Termination Date: l2- SO Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: rc-L-c- Department: �T Abstract: CM 3 I t3 i i i i S.Public\Recordsmanagement\Forms\ControctCover\ADCL7832 07/02 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND BRADLEY & GUZZETTA, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bradley & Guzzetta, LLC organized under the laws of the State of Washington and doing business at 444 Cedar Street, Suite 950, Saint Paul, MN 55101 P/(651) 379-0900 F/(651)379-0999 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members (CB Communications, Inc. and Front Range Consulting, Inc.). The major tasks of the project have been divided into three phases. This contract covers Phase I, Informal Renewal. The detailed tasks are listed on Exhibit A attached hereto, for Phase I only. It is anticipated that Phase II will be completed by subsequent amendment of this Agreement. Consultant further represents that the services , under, this ,A reement will be P g performed in accordance with generally accepted professional .,pra 1 ices in effect' at the time those services are performed. . IL_ TIME,OF COMPLETION. The parties agree that work`will begin on the tasks', ' described in Section I above immediately upon the effective date of his Agreement. Consultant shall complete the work described in Section I by December 30, 2008, at which time it shall be extended by contract amendment in the event of delay caused by frajnchisee, Comcast, or City. III. COMPENSATION. A. The City shall pay the Consultant, based on an amount not to exceed Thirty Five Thousand Dollars and xx/100 ($35,000.00) plus taxes' and disbursements for the services described in this Agreement for Phase I. This!is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization' of the City in the form of a negotiated and executed amendment to this agreeme t. The Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invgices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of art invoice, it shall notify the CONSULTANT SERVICES AGREEMENT - 1 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) i L Consultant 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. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant 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. 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. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consulta is records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City f Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Polio 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. •INDEMNIFICATION. Consultant shall defend, indem'nifiy, and ,hold -the City, 'its officers, officials, employees, agents and volunteers harmless from, any and atl claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out ,of, or, in connection with the Consultant'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 Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out ofl bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'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. CONSULTANT SERVICES AGREEMENT - 2 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) i VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's 9se or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approv I of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. i XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 utiI ze all,protection necessary for that purpose. All work shall be done at Consultant's own; risk,- and .Consultant shall be responsible for any, logs of or.damage to materials, tools, or other-,articiesr-used or,held.for use in connection with the. work.' XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the i Kerit 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. B. Non-Waiver of Breach. The failure of the City to insist upo strict performance of any of the covenants and agreements contained in this Agre ment, 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 Agreeme t 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, r6les and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. I any claim or lawsuit for damages arising from the parties' performance of this Agre�ment, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, CONSULTANT SERVICES AGREEMENT - 3 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either) party without the written consent of the non-assigning party shall be void. If the nqn-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 add ional 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 Consultant. I 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 alt6ring 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 shad prevail. H. Compliance with Laws. The Consultant agrees to comply with all-federal, state, and municipal laws, rules, and regulations that are now effective or i.n,the future become. applicable to Consultant's business, equipment, and personnel engaged in operations covered'by this Agreement or accruing out of the performance ofthose operations. ilk CONSULTANT SERVICES AGREEMENT - 4 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) i IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: I By: By: / L� (signat e) a( (sh nature) Print Name: �.' r?. ig-&alle Print Name. Suzette?Cooke Its Its Mayor (Title) (Title DATE: T- 3( - o8 DATE: ✓1 � I I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: j Bradley & Guzzetta, LLC Information Technoll gy 55 East 5'h Street, Suite 1220 Attn: Dea Drake St. Paul, Minnesota 55101 City of Kent (651) 389-0900 (telephone) 220 Fourth Avenue South (651) 379-0999 (facsimile) Kent, WA 98032 (253) 856-4600 (telephone) 253 856-4700 facsimile APPROVED AS TO I FORM: Kent Law Depa t I I i i I CONSULTANT SERVICES AGREEMENT - 5 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) i I DECLARATION i 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 i 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 I'adhere to. An affirmative response is required on all of the following questions for this Agreem�nt 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; I The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. I 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. i 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, willlactively 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 th'e requirements as set forth above. i By signing below, I agree to fulfill the five requirements referenced above. Dated this 3l day of I -earcA , 2006. I By: For: LG Title: t*-W Date: 3—3/ c I CONSULTANT SERVICES AGREEMENT - 6 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDE Aril 1 1996 P , 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. CONSULTANT SERVICES AGREEMENT - 7 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) 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 , 20fl By: For: Title: i Date: I CONSULTANT SERVICES AGREEMENT - 8 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) EXHIBIT A i TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND BRADLEY & GUZZETT;'A, LLC I. DESCRIPTION OF WORK. I A. Cable Franchise Renewal I The following is the work plan for the City's Cable Franchise Renewal roject. Michael R. Bradley of Bradley & Guzzetta, LLC, will be the lead consultant and will coordinate efforts between Bradley & Guzzetta, LLC and its Team Members (CBG Communicat,'ons, Inc. and Front Range Consulting, Inc.). The major tasks of the project have been divided into three phases. 1. Phase I - Informal Renewal I a. Brief City Council on Cable Franchise Renewal and Proposed Work Plan b. Identify Needs and Priorities I 1. Participation of other cities 2. Future Role of Puget Sound Access 3. Identify Vision of PEG channels (City to do in-house) 4. Equipment and Staffing Needs (City) 5. Work Session/Visioning Session 6. Finance 7. City Attorney 8. Public Works 9. IT i c. Current Cable Franchise Compliance Review 1. Rate Review - FCC Forms 1235, 1205 and 1240 2. Franchise Fee Review 3. I-Net Ownership Review i. Upon request City must provide all documentation related to I-Net ownership d. Engage in brief informal negotiations e. Prepare Franchise Documents I f. Presentation to Council I I I CONSULTANT SERVICES AGREEMENT - 9 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) I i EXHIBIT B TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND BRADLEY & GUZZETTAt LLC I. COMPENSATION. A. Cable Franchise Renewal. Vendor shall perform the serviced,in Phases I and II at the hourly rates set forth in paragraph 3. The fees for Phase I shale' not exceed $35,000.00 exclusive of costs. The City and Vendor shall mutually agree on a not to exceed fee cap for Phase II prior to the commencement of any tasks under Phase II. B. Cable Franchise Administration. Consultant shall perform the Cable Franchise Administration tasks listed in Exhibit A for a flat fee of $2,084.00 per month exclusive of costs. C. Telecommunications Franchise Administration. Consultant shall perform the Telecommunications Franchise Administration tasks listed in Exhibit A for a flat fee of $3,000.00 per month exclusive of costs. I D. Hourly Rates. For all hourly work and any optional services, the following hourly fees shall apply: Michael R. Bradley $220.00 Stephen J. Guzzetta $220;00. J. David Abramson $220.00 Associates {$175.00 Paralegal/Law Clerk $125.00 These fees shall be adjusted each January 1st (commencing January 1, 2009) by a cost of living adjustment, based upon the Consumer Price Index for the Seattle area. II. DISBURSEMENTS. Disbursements (postage, supplies, long distance telephone) would be charged on an actual cost basis. We anticipate the following expenses: photocopies, materials and supplies, courier fees, reproduction, postage, Federal Express, (travel (air, hotel, meals, ground transportation etc.), mileage at $0.485/mile or the current approved IRS rate, parking, court and administrative agency costs, expert witness,fees, and other similar expenses. Subcontracting involves a significant investment in dministrative time. In addition, Vendor is charged state tax on all of the subcontract is fees. If it is necessary to subcontract with other firms with the necessary expertise to assist the City, B&G will at the City's request and approval enter into subcontracts with other consultants. The City shall reimburse B&G for the actual cost of the subcontracts plus a 10% markup to cover B&G's additional overhead expense associated with the Subcontract. CONSULTANT SERVICES AGREEMENT - 10 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) Submission of Invoices/Fee Adjustments. Invoices for work will' be submitted to the City monthly and will be due and payable 30 days after submission. I Balances owed for more than 30 days after invoice date may, at Consultant's option, accrue interest as allowed by Washington law. III. 0133ECTIONS TO INVOICE. 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. IV. 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 jthe 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. V. FINAL PAYMENT: WAIVER OF CLAIMS. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAVER OF CLAIMS, EXCEPT' THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED' BY VENDOR AS " UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. CONSULTANT SERVICES AGREEMENT - 11 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) I EXHIBIT C INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS I. 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 agent, representatives, employees or subcontractors. 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 CG 00 01 and shall cover liability arising from premises, operations', independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial Generajl Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required -by the Industrial Insurance laws of the . State of Washington. 3. Professional Liability insurance appropriate to the Consultant's profession. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregat and a $1,000,000 products-completed operations aggregate limit. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. II. OTHER INSURANCE PROVISIONS. I 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 �y the City shall be excess of the Contractor's insurance and shall not contribute with it. CONSULTANT SERVICES AGREEMENT - 12 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) EXHIBIT C (Continued ) 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled b 9 Y 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. The City reserves the right to receive a certified copy f 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. III. ACCEPTABILITY OF INSURERS. Insurance is to be placed with insurers with a current A.M. Best rating',of not less than A:VII. IV. VERIFICATION OF COVERAGE I� 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. V. SUBCONTRACTORS I Contractor 'shall include all subcontractors as insureds under its polici0s;or shall, furnish separate certificates and endorsements for each subcontractor. All coverages f'or subcontractors shall:be subject to all of the same insurance requirements as stated herein for the Contractor. II CONSULTANT SERVICES AGREEMENT - 13 (Between the City of Kent and Bradley & Guzzetta, LLC) (March 28, 2008) I ACORD,,,, CERTIFICATE OF LIABILITY INSURANC� DATE DD/Y8 4/17 2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Answer Financial & Sam's Club ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 10660 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Jacksonville FL 32247 ALTER THE COVERAGE AF FORDED BY THE POLICIES BELOW. (800) 455-9611 INSURERS AFFORDING COV RAGE NAIC# INSURED INSURERA MARYLAND CASUALTY 19356 Bradley & Guzzetta LLC INSURERB AMERICAN ZURICH I 40142 55 8 FIFTH ST SUITE 1220 INSURER St. Paul MN 55101 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD' TYPE OF INSURANCEPOLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A A X COMMERCIAL GENERAL LIABILITY PAS O43407601 6/7/2007 6/7/2008 p IS ESMAGE To aocuRENTED nc $ 2,000,000 CLAIMS MADE ❑X OCCUR MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ EXCLUDED ENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATELIMITAPPLIESPER PRODUCTS-COMP/OPAGG S 4,000,000 POLICY PRO- X LOC AUTOMOBILE LIABILITY CCpI MBINED SINGLE LIMIT A A ANY AUTO PAS O43407601 6/7/2007 6/7/2008 (&.accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pier person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY CH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WC 043407213 6/7/2007 6f7/2008 X VVCSTATU- 0:ER F EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYE $ 100,000 If yes,describe under 4 SPECIAL PROVISIONS below E DISEASE-POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS AN ADDITIONAL INSUR13D SUBJECT TO POLICY TERMS AND CONDIT SONS II CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF RENT WASHINGTON NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 220 FOURTH AVENUE SOUTH IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Rent WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) ®ACORD CORPORATION 1988 Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE jTmzc&*nncA-mxW5MAA*6UlT" rDes h Af4ltuty E3TWp Services ONLY AND COMM NO £W CBATtlIG Td ve of Seabuty&Smith,Inc s0LDM TIM ATE 060 WT t OR Box 10302 Moines,IA 50306.0302 .WJMD Bradley&Gum,I,I,C , Suite 9" 40 Cellar Stred St.PfafL MN 55101 THE POLcm OF" W""M LOM IELOMI MAVE @i faa M TO THE NfO6Nltt!kV=AMA POR THE POL=IMPAW DWATID.NOTWMISTAMM ANY Rip1,N11iMENT.TERM OR CONDPYION OF A W OONTRAM OR*TWR DOMA fT W M WWVCT TO" CM TM &W Et NEED OR MAY PERTArf. THE WON= SY THE POLICM 00CP 90 HM W It ftMCT TO ALL THE TI M , AM WOMW OF EUCM POMM. AGM GATELWMVO TWOOP ANVAN imitAtlRlWlnas7t apt rouorawsu►T�v LIN1rJTY w c1Ms= �wsT rue aasaa LMRRY AM LOST e �unw Autw s AVICS AVVW s s awwnr fMIN►••Ir�Auwrt s Md►O � M AOC S 1+'..... Aft i UM LITY CLANSMAN s IYlaf r � OTHER PWW0UWJb POt CLAIM $5A $ A UADLFrraMlMaUxCa LPM1' M-0107 Ofr01f2w OwAsem PmCUM $1.0"A0O ps rANam®eu►TI�MmcA Aspw rw0'NSN1A LIY 3m"em Llu sas Et ow LN ssss ae.swt os�Ts+Mn N©cmat c�Na+ELtns�oN I IMOULDAIrf OF"d AWA DgICNM p DMs W*N=LM1 UPM THE DDPM1ATMk1 DATE TWW.DX MlNDM NWXM NOW" NAB DIM VYI "IN NOTM TO TN!QWM W%WGLM WM'O%4 NWT,MR MAMTO DO 00 WALL BWM NO OMIOATMDI OR LWSLATV�P MV W M VM TMt DtsURI&in MOTE OR ROWNWAMIL IMRN011MZDIYPN/pM4TATAAI _ White, Tammy From: Hills, Chris Sent: Monday,April 21, 2008 3:26 PM To: White, Tammy Subject: RE: BRADLEY&GUZZETTA LLC/PAS 43407601 Tammy, Thank you... Not my favorite, but I will accept it in this case. Chris -----Original Message----- From: White, Tammy Sent: Monday, April 21, 2008 12:14 PM To: Hills, Chris Subject: FW: BRADLEY & GUZZETTA LLC / PAS 43407601 Chris, in response to our request for an endorsement, we received the attached. Is it sufficient? I Tammy. i -----Original Message----- From: Julie Ansley [mailto:zsbservicecenter@zisinternet.com] Sent: Monday, April 21, 2008 4:56 AM To: White, Tammy j Cc: bradley@bradleyguzzetta.com Subject: BRADLEY & GUZZETTA LLC / PAS 43407601 Tammy, Please see attached endorsement adding City of Kent as additional insured. Please contact 866-972-7378 if you have any questions or need additional assistance. Thank you, Zurich Customer Service Center I i I D "STRATEGIC _1B375016 M0149S1059 001 00 01 NONE BRANCHPROGR INDORSEMENT EFF 04/17/2008 PRECISION PORTFOLIO POLICY ZURICH POLICY CHANGES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 7FROM TO O6/O7/2001 06/07/2008 04/17/2008 NARYLAND CASUALTY COMPANY BRADLEY & GUZZETTA LLC INSURANCE ANSWER CENTER, INC ', 55 E FIFTH ST SUITE 1220 PO BOX 10660 SAINT PAUL MN 55101 JACKSONVILLE FL 32247-0660 COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE PART CHANGES ADDED CERTIFICATE OF INSURANCE RECIPIENTS CITY OF KENT WASH I NGTON 220 FOURTH AVENUE SOUTH KENT WA 98032 FULL TERM PREMIUM INCLUDING THIS TRANSACTION: $ 523.00 PREMIUM EFFECT OF THIS TRANSACTION: E .00 Countersigned by Authorized Representative Date Cgsyd^ Inarance Services Office, Inc, 198a Ccpyri^ ISO Camsdal Risk Services, Inc, 1983 a 12 01 os o1 INSURED'S COPY 04/17/2008 !" D PAS 43407501 15375016 M014951059-001-00001 NONE RANCH LZ STRATEGIC PROGRAMS PARTNERS EN60RSEMENT EFF 04/17/2008 ZURICH LIST OF ADDITIONAL FORMS ENCLOSED - NON-P LICY FORMS MARYLAND CASUALTY COMPANY 79COO15 01-96 COMMISSION SCHEDULE 955040 06-94 ENDORSEMENT COVER PAGE TO AGENTS 760638 02-98 INSURED SEPARATOR PAGE 04/17/2008 INSURED'S COPY U-a-103-A cw(06104) Page 1 of 1 8 11 iV d Comrnen:ial Insurance Group D PAS 43407601 16375010 M014951059-001-000 1 NONE BRANCH LZ STRATEGIC PROGRAMS PARTNERS NDORSEMENT EFF 04/17/2008 PRECISION AMERICA OFFICE PROGRAM COMMISSION SCHEDULE LINE OF BUSINESS COMMISSION Commercial Property and General Liability 0.0 �I 9CO015 Ed. 1-96 INSURER'S COPY 04/17/2008 STRATEGC PROG'RA S PARTNERS P.O BOX 10197 .IACYMWLLE, FL 32247-0197 0032A BRADLEY & GUZZETTA LLC 55 E FIFTH ST SUITE 1220 SAINT PAUL MN 55101 I i i I I I I TO OUR CUSTOMER: I Attached is your Precision Portfolio Policy. Your agent's and, if applicable, mortga ee's copies have been mailed directly to your agent. Thank you for giving us the opportunity to insure your business. 9S5040 Ed. 06-04 ��I REQUEST FOR MAYOR SIGNATURE KENT Please Fill in All Applicable 'IBoxes W A S H I N G T O N Routing Information ALL REQUESTS MUST FIRST BE ROUTED THROUGJ 4 THE LEGAL DEPARTMENT Originator: 1�),� 7 ; �,lc�= (Originator): ,�+5 3 SJ `�(- Phone `) c Date Sent: ` 1A , 7, U S� Date Required: Return Signed Document to: ��, `� 41� CONTRACT TERMINATION DATE: �� C. VENDOR NAME: ��\ VENDOR NO. Brief Explanation of Document: C C , i CJ �ti1 CC►� LAC\C�����\ �- t�l L���� �_ IT _> L r �t.,C ►� C_- S � G- t r �I �� ° ��o-o mc�ti��� l� ���� Cb0> All Contracts Must Be Routed Department (This 115LAy the Legal Department) Received: 4PR 7 Approval of City Attorney: `- -4-23 e NT City Attorney Comments: LA ° Date Forwarded to Mayor: ` l Shaded Areas to Be Completed b ministration Staff E av, ��' r3#" ,'z+»»�i ♦ a r > 'x'*„�»�k;,,,,•t'£;;t:':'a h€ ,E` �"`�.,z:$x„i,k • �+t ',3 i,?>< �i�,,pp r;''',}�3 ;D,�Ec>�E`F,J =+:la` <:�:.r#',�zk » 3 €>'�g's,6 ���i�„���`k�i $�'��'"` � '# �,�?k\a '%+�!'r�,�'�?•�•;'�'� '� ,,�'i > >',� ^�'h i't!s'''i,;,: ,>�. , ,'+y*,t��, ,s,� ^k# \'Eix�:xi»`A `�+•`� ,Ei#`Y``�w<,�E�`,,,a»,X, ,`�,2`;''�„w„�:,�< ,�^ ''��,#'z*#�+ °i^t»,` ��z+3. �'•';�z;.n,�uaah' ,rz' i'nc^ �x '�i,3>�k';^`^�.xi, ��� s; ti'�, „x�,>„r�s;k ,� ".k,#,<,•„��,<\:.,i o: "+iz` ra a, ;: „K;k�,a sr�\��.x'2, �I'ki�..:» ��:�'+ �;x a„��t #u ° �v zak+ cam?. ,�, :i)�, k,� �#Z�. a:;�o` :'tn'g •�:,« 'E;:, #�, "x;z• ;i' *a'x�,*::,S a�•<+k+`L �:, +��;`> ^� 'xe ,•a„ hk'SC#»F,k3,z; ;hew,". ' },`��"�E x,��+,";;1z,,,a^,,y,�,:'�,�„' :k�>��*," t;+�` `C+�fi+`�r:#krz `�ziyo,}` ,t�>',c.�Ci;:)�k>�3#,E,o, z3#,`n# �3 ,,� ,`r# i sr,, ,»�+�`:•a ,:� �x oh *e h„ » ',i &x ,;,#>s;a;^`; <j;'�:yr a,sh, ?, z J•;» 'y; ,#rz>f�^�;r�i, ,r;`7,s',) „>3;�r+ i�wz,M:;;,`�'.f,;.„»e„r,'}"`��<#k;k-z3�,'zia'+i'�$`'y,C'»�.�'�'a»'k F:Citi a :#'F `>'k€i.�>;.' '� a i•�a" }�y >, ` .y}�y ^ a 4 :�.> 3 T #z��.�"<t,t";'' _•'�� r4�'� f, zr,'g` ��`� �: `k, ,`a%;',��'< �:y`h»�`, ,; `xi`a,i. [a+#ns�Axlxi�: ,`/�•'+"�� „ 3l� kA'E� w�3: ����z"'� �'k *'�?i�n c�`t,`F`s xn€+�"3 �`,, �•` t, 3 �;k 3':+`�'c4'fi�,t3#,A a,"'k'� ,.\`C, y'y'#"" ,v `k33 „Lti3;Eb , ,a^ �3(,, A;i; ! \,E• �j;y i<„`°,y�;y';+*ky 3 •,�€ 3i5a ;,a;.r'•tk``a"x,*�?€a,k "03;+,i�,..Sf ,� );zti ?k rr,€ 2z x;i E.aa<"A;'r k k>€ �' `t.'tr,y'`<�kzh`^, u+syY�3`>k ` +y �a,#�, � ^xt a i » 5 7s ��JN�j ,,f�f��.q.q�...` E'#d4n� '',O'sIV ^ ,*'sh >s` `'�+,E„ #°ts.y'•^' k`^:.s,<;k°k c$• ,t,,a „'„, s, ,3;;*, '' `»kr;.t m i, , mot; 3,+', '' t,sz,# ts• t; r�i i;a` xa�k,u: `3,�� z">:,E•^ •i`i>` t+, c# M 1y`` k askk,$sX, }t *,k,\:.Q,'a"y`F,, ^`�' t»#,°' t ,><� 'aAtvt `.k,Y>`.,r, t�k^ �,"`,.C,€k+., +` � ♦i� c � ,k,Y` kk`,Z+,'`S "y `~ Y ,+€ `Y r },^' `:.s,`,"^+„: ♦z�a M i.'Fk"kk .t#`: x E'+< ,[(kx 3 ,2`,i,a",,,+ ".[�< r,•�^+b;,,'4.' "ts+N w,1 v,.a J`v.4 ,% Y �;.,,.^,»,,»,:by :key '€ A, `3ta,,`awe ct „`, a�> :\M�ow'�:; .�,„wMk+;`-3o`F,,,•:>�,,,^, \,<C++i "x\z^k-�„z,°»,its�s§ � ;tar %.��o,.,t 3.'tGk3�`"r;;"k`.vJ?;i�',"`)iX"`«<;tk,`v>Y�`»\`.`,i:a<�:'•y•y<#:.�k,k?r 4k'kk\4»';\,.';i tkn`k t+"<K�+'kitx,..z�Fk.`a,`k.., ++t^'^"�`YF,,\'r,�5',,,"'r•+�»4�x.,�'`, �c c�3,k+ z,z}u,, a j#r,.`MC?b,tas,�'„G,�s•xs,�`^; s,,y.x,S'e`n�i^3t.z,»,$ ,k.,,,r<,#k�k\#'�f.�a>>aF„,k`t.;:,+``^;'`;�+`sE>�y+,�,.,,Y#',>,3�a,t`"«y,,,3",,C w,,`vs<,@,`,z#`"yR.,a,, `�.,3�"' \ '� hr#,� 'r+>"`t:k,s `fix,;. �`� yy;„�`X�,,:` �'}�f: ','�«, 3 ♦`a at002680 • 7 26 01 INFORMATION TECHNOLOGY Mike Carrington Director 220 4th Avenue South KENT Fax- 253 656-47700 WASHINGTON Phone: 253-856-4600 January 28, 2010 Mr. Michael Bradley BRADLEY & GUZZETTA, LLC 55 East 51h Street, Suite 1220 St. Paul, MN 55101 Re: Consultant Services Agreement, dated April 23, 2008 Dear Mr. Bradley, First and foremost, the City of Kent would like to thank you for all of your hard work on the Comcast franchise renewal negotiations. The City has benefitted greatly from the expertise and professionalism you brought to its team, and appreciates your contributions. As I'm sure you can appreciate, municipalities throughout the United States have been struggling through the continued economic downturn and attempting to stay within budget while their revenue sources continue to shrink. Near the end of 2009, the City of Kent laid off 28 employees and cut 25 vacant positions from its 2010 budget in response to the current economic crisis. In response to direction received by the Mayor, each City department has been evaluating its budget to determine if there are any additional cost-savings measures the City can take in an effort to reduce its operating expenses. In attempting to meet this directive, the City's Information Technology Department has decided to retain one local law firm to assist the City with all of its technological needs. It is Information Technology's hope that by consolidating its legal needs locally, the City will realize a long-term savings. Based on this shift in direction, the City finds itself in the unpleasant situation of having to officially terminate your services in accordance with Section V of the April 23, 2008, Consultant Services Agreement. Therefore, pursuant to Sections V and X of the Consultant Services Agreement, the City would appreciate it if you could forward to me a complete copy of the records and data within your possession regarding this project. If I could receive these records by April 1, 2010, I would sincerely appreciate it. 3 C (V Y U 3 3 3 0 MAYOR SUZETTE COOKE ' City of Kent Information Technology®apartment Mr Michael Bradley BRADLEY &GUZZETTA, LLC January 29, 2010 Page- 2 Once again, the City has been pleased with the services you have provided, and appreciates your hard work. If you would like to discuss the City's decision in any further detail, please feel free to give me call at (253) 856-4607. Thank you. e y, Mike Carrington Information TechnologytDo7r mc:tlw cc: Kathy Hardy, Assistant City Attorney Dea Drake, Multimedia Manager 2