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HomeMy WebLinkAboutFD09-309 - Original - Terrorism Research Center (TRC) - Zone 3 Coordinator - 07/17/2009 ecords M gement-,,. KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Mana�er prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: I Vendor Number: JD Edwards Number Contract Number: FD 07_ 30 This is assigned by City Clerk's Office Project Name: t,-F1K, �J U•�K8L(.41G�"lf�l�� Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 'Contract ❑ Other: Contract Effective Date: U.Xii ti- Termination Date: ?� Contract Renewal Notice (Days): Q Number of days required notice for termination(Jr renewal or amendment Contract Manager: , M Q �J&partment: �I Detail: (i.e. address, location, parcel number, tax id, etc.): PA&hki &WM0J- C� s�►91o5 S:Publlc\RecordsManagement\Forms\contractCover\adcc7832 1 11/08 \1111 KENT WASMINOTON CONSULTANT SERVICES AGREEMENT between the City of Kent and Terrorism Research Center (TRC) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Terrorism Research Center (TRC) organized under the laws of the l State of Virginia, located and doing business at 4301 N Fairfax Drive, Suite 305 Arlington, VA 22203, phone 703-380-9194 (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: To assist in the continued growth of existing discipline groups, and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan in accordance with the City's Request for Proposal regarding this project and Consultant's response to that proposal, dated 22 March, 2006. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by March 31, 2010. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Thousand Dollars ($100,000.00) for the services described in this Agreement. 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 agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices 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 an invoice, it shall notify the 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 Consultant's 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 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. VII. INDEMNIFICATION. Consultant 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 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 of 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 (Over$10,000) �I VIll. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B 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 use 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 approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 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 utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the 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. 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, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 Consultant. 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: t� (signature) (signature) Print Name: P n Suzette Cooke Its I s Mayor (Title) (Tit e) DATE: DATE: 7 1Z 7 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mr. Ed Reed Jim Schneider, Fire Chief Terrorism Research Center - TRC City of Kent 4301 N Fairfax Drive, Suite 305 220 Fourth Avenue South Arlington, VA 22203 Kent, WA 98032 (703) 380-9194 (telephone) (253) 856-4300 (telephone) (703) 935-2666 (facsimile) (253) 856-6300 (facsimile) AP ROVED TO FORM: Ke t aw artment [In this field,you may enter the electronic FlleDath where the contract has been saved) CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) 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 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 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 1200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Terrorism Research Center, Inc. PMB 331 5765-F Burke Center Parkway Burke, VA 22015 Billing rates for consultant services completed by Ed Reed: $ 128.07 per hour EXHIBIT B 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the 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. B. 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, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions EXHIBIT B (Continued) 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. Z. 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. 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. II ACORD. CERTIFICATE OF LIABILITY INSURANCE ,,,/2010 DAT1/5/20O9rcYYY) PRODUCER Locktoa Companies,LLC-A DC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1110 Vermont Ave NW,Suite 700 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Washington DC 20005 HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Washi Was 414-2400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC# INSURED Terrorism Research Center INSURER A Lexington Insurance Company 19437 1302337 4301 North Fanfax Drive,Suite 305 INSURER B Arington VA 22203 INSURER C INSURER D INSURER E COVERAGES BLACKGI J2 NSIURFRTILIAUTH 2ED REN ORPRESENTATIVE OR PRODUCER AND THE CERTFC H ISSUING ATE HOLIUE]k 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 INSRADD-4 POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE CIF INSURANCE POLICY NUMBER DATE MMIDD DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 15 GOO 000 TE A X COMMERCIAL GENERAL LIABILITY 017355960 I/1/2009 1/1/2010 PREM SES EaEoo.,arce $ )OCCO X CLAIMS MADE MOCCUR MED EXP(Any one person) $ XXXXXXX X Professional - PERSONAL&ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ 15,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/O-AGG $ XXXXXXX X POLICY PRO LOC JECT El AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ XXXXXXX ANY AUTO NOT APPLICABLE (Ea accident) ALL OWNED AUTOS BODILY INJURY $ xxxxxxx SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ XXXX;{XX NON-OWNED AUTOS (Per acadenl) PROPERTY DAMAGE (Per accident) $ XXXXX3:X GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG $ XXXXXXX EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX ❑UMBRELLA $ XXXX?C X DEDUCTIBLE FORM $ XXX]Q(XX RETENTION $ $ XXXXXxX WORKERS COMPENSATION AND NOT APPLICABLE ORY LIAMITS OTH- ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEILEXECUTIVE EL EACH ACCIDENT $ JOGYJLl'XX OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE $ )L XXXXX If yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT I$ XXXJ{Yxx OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 2592100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CIty of Kent,State of Washington DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Atm. Mr Jim Schemder,Fire Chief 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 Kent WA 98032 REPRESENTATIVES AUT,4 ZZZDTEPRESENT ACORD 25(2001108) For Vusaitaro:u®aninp this esrtlRata,cwtamlhe number WIdiniha'Fmducersecuonab.v ii.dsoaoytheCiantcoda'SUCKOI' ACORD b,6RPoRATION1988 White, Tammy From: White, Tammy Sent: Friday, July 17, 2009 8 03 AM To: Martin, Margaret Cc: Ogren, Jane Subject: RE RE TIS/TRC Contract (Ed Reed-Program Manger) Chris and I spoke yesterday and he said he would waive requiring the endorsement, so this contract will go down to the Mayor today. Thanks for all your help on this. From: Martin, Margaret Sent: Thursday, July 16, 2009 10:49 AM To: White, Tammy Cc: Ogren, Jane Subject: FW: RE TIS/TRC Contract (Ed Reed-Program Manger) Tammy, I apologize for the delay on this information. Will this email from Chris suffice or is there something more you need? Thank you again for your patience. Margaret Martin Kent Fire Administration work 253-856-4312 cell 253-508-3407 This message is private or privileged Ifyou are not the person for whom this message is intended,please delete it and notify me immediately,and please do not copy or send dns mesroge to anyone else From: Hills, Chris Sent: Thursday, July 16, 2009 10:47 AM To: Martin, Margaret Subject: RE: RE TIS/TRC Contract (Ed Reed-Program Manger) Margaret, This Certificate is acceptable for the contract in question. Chris From: Martin, Margaret Sent: Wednesday, July 15, 2009 4:27 PM To: Hills, Chris Subject: FW: RE TIS/TRC Contract (Ed Reed-Program Manger) Once again, we are updating this contract for services that are funded by a grant. This same question regarding insurance endorsement has come up 1 Would you please review the attached Certificate of Insurance and let me know if this is acceptable without that endorsement? Thank you very much for your time, once again. Margaret Martin Kent Fire Administratlon work 253-856-4312 cell 253-508-3407 i This message is private or privileged rfyou are not the person for whom this message is intended,please delete it and notes me immediately,and please do not copy or send this message to anyone else From: Hills, Chris Sent: Monday, July 07, 2008 1:08 PM To: White, Tammy; Martin, Margaret Cc: Marzano, Dominic Subject: RE: RE TIS/TRC Contract(Ed Reed-Program Manger) Claims Made is ok again for this contract... Chris -----Original Message----- From: White, Tammy Sent: Monday, July 07, 2008 1:05 PM To: Martin, Margaret; Hills, Chris Cc: Marzano, Dominic Subject: RE: RE TIS/TRC Contract (Ed Reed-Program Manger) This is really Chris' call. He accepted the claims made coverage on the prior agreement so we should likely accept it again, but I need his OK in order to do that because it's not something our office generally recommends. -----Original Message----- From: Martin, Margaret Sent: Monday, July 07, 2008 12:53 PM To: White, Tammy; Hills, Chris Cc: Marzano, Dominic Subject: FW: RE TIS/TRC Contract(Ed Reed-Program Manger) Tammy and Chris, I received word of this today from our consultant's company (Terrorism Research Center - TRC) regarding the endorsement that we've been expecting for this year's contract. They have done this in the past (2006 contract) and we are merely renewing an existing contract. 2 Please direct me on where I go from here. Ed Reed, the consultant, has been working and Is continuing to work. This Is contract work related to a grant we have received for his services on Zone 3 coordinator. Thank you for your help. Margaret Martin Kent Fire Administration 253-856-4312 This message is private or privileged fyou are not the person for whom this message is intended,please delete it and notify me immediately,and please do not copy or send this message to anyone else -----Original Message----- From: David Niccolini [mailto:dniccolin!@totalintel.com] Sent: Monday, July 07, 2008 12:46 PM To: Martin, Margaret Subject: RE TIS/TRC Contract(Ed Reed-Program Manger) Ms Martin: A pleasure to speak with you. Per our conversation, please find an explanation from our Risk Management Department as to why we are unable to endorse the attached insurance certificate as drafted: As for the language in the contract we are unable to meet these provisions similar to the other issues we have dealt with in the past Our policy is written on a claims made not occurrence and is not written on an ISO form rather a manuscript Our carrier will not agree to endorse the certificate onto a policy Please feel free to contact me with any questions of concerns Best Regards, David David Niccolini Senior Director-Business Development Total Intelligence Solutions, LLC +1 703 812 4471 (Office) +1 703 953 9825 (Cell) +1 703 935 2666(FAX) dmccolini(cDtotalmtel com www totalintel com Confidentiality Notice This e-mail transmission may contain confidential or legally privileged information that is intended only for the individual or entity named in the e-mail address, and may not be further disclosed, copied, or distributed If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or reliance upon the contents of this e- mail is strictly prohibited If you have received this e-mail transmission in error, please reply to the sender, so that the Total Intelligence Solutions, LLC can arrange for proper delivery Then please delete the message from your inbox Thank you 3 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WnSHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originators M CL Phone (Originator) I� vi' t Date Sent. { j� / ��� Date Requu ed � Lal, ) I�1I 90 Return Signed Document to: CONTRACT TERMINATION DATE: VENDOR NAME ATE OF COUNCIL APPROVAL: Brief Explanation of Document- 15 rAr ttz-V'L C �' A, all All Contracts Must Be Routed Through the Law Department (This Ai ea to be Completed By the Law Department) I S� ��, `•�- Received: °� _ry , �i� Approval of Law Dept : Law Dept. Comments: j Date Forwarded to Mayor: 1'j �� UJ�� fir Shaded Areas to Be Coll,pleted by Administration Staff ' Received: JUL l i LUU t City of KentOffice of Me gayor t� Recommendations & Comments: Disposition: 9/7 d/C Date Returned: Iage5870 • 3/05