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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 02/16/2012 (3) f.> T Parks and Human Services Committee Agenda Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph February 16, 2012 5:00 p.m. Item Description Action Speaker Min. Paae 1. Minutes of January 19, 2012 - Approve Yes Council 05 01 2. Indigent Defense Services Findings Yes Katherin Johnson / 05 13 Resolution - Adopt Jason Johnson 3. Housing and Human Services One Night No Katherin Johnson / 05 57 Count Report - INFO ONLY Jason Johnson 4. Kent Municipal Court Remodel Yes Jeff Watling 05 61 Procurement Code Requirements - Authorize 5. 2012 Highline School District Agreement Yes Lori Hogan 05 63 for Camp Waskowitz Facility Rental - Authorize 6. 2012 Washington State Slo-Pitch Umpires Yes Lori Hogan 05 69 Association Agreement - Authorize 7. 2012 King County ASA Umpires Yes Lori Hogan 05 83 Association Agreement - Authorize 8. Director's Report - INFO ONLY No Jeff Watling 05 97 Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information, please contact the Parks, Recreation and Human Services Department at (253) 856- 5100. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. Page 1 iamaimNl lf�1rIT Kent Parks and Human Services Committee Amy y a r Meeting Minutes of January 19, 2012 Call to Order: Chair Debbie Ranniger called the meeting to order at 5:03 p.m. Council Present: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph Added item: Human Services Commission Amending KCC 2.53 Ordinance - Adopt Added item: Project Kent Hope, as proposed at city council meeting on January 17. Item 1. Meeting Minutes - Approve Elizabeth Albertson moved to approve the minutes of November 17, 2011. Dana Ralph seconded. The motion passed 3-0. Item 2. Communities Puttina Prevention to Work Grant Update - INFO ONLY Jeff Watling updated the committee on the bicycle and pedestrian work that has been accomplished under the Communities Putting Prevention to Work (CPPW) grant. He referred to the council's strategic goals of connecting people and places. The report takes a much more integrated approach with bike and pedestrian pathways throughout Kent. Hope Gibson, Superintendent of Parks Planning and Development reported that the focus of this project was to look at the bicycle/pedestrian system in a more holistic fashion. Traditionally, different city departments are responsible for different parts of the system. On-street bicycle/pedestrian planning is handled through Public Works and off-street bicycle/pedestrian planning is done by the Parks Department. Our belief is that by looking at the system as a whole, we can more easily make critical connections between these two portions of the system, and can improve connectivity throughout the city. As a result, the overall system will function better, and will be better used. The primary task associated with a King County Public Health grant the city received was to perform bicycle/pedestrian planning. Two other secondary tasks were to create a healthy food procurement policy for city meetings and to recommend policy changes to improve healthy food access to the community. Both of which are essentially complete. Page 2 Review Existing Plans Existing bicycle/pedestrian planning that has been performed by transportation and parks was reviewed. This included relevant sections of the Transportation Master Plan (TMP), the Non-Motorized Transportation Study, the Midway Plan, and the Parks and Open Space Plan. Assess Existing System A review of existing biking/pedestrian network was performed. The goal was to confirm existing records and explore a few areas to identify options for key connections. Citizen's Advisory Committee A group of citizens was assembled to discuss appropriate priorities for future planning. They met for six weeks, two times per week for 2-1/2 hours. They recommended four primary policies: 1. The system should be safer, with a focus on education, engineering and enforcement. 2. The system should be more inclusive, considering the needs of all users. 3. The system should be better-connected—across the city, to destinations and to regional facilities. 4. The system should be more user-friendly—easier to navigate, more attractive, and more accommodating of users' needs. Their policy recommendations will be included in the final report. In addition, the committee recommended this preliminary document be followed up by a comprehensive Trails, Bikeways and Paths plan, so that the general policies and recommendations of this document could be developed, along with a plan for implementation. Public Outreach One of the grant's priorities was looking at ways to improve the health of minorities and the economically disadvantaged. From the very beginning of this project, we felt that the goals of our pedestrian/biking planning proposal were very consistent with this priority. Our rationale was that if we were successful in planning a truly comprehensive, inclusive system, it would meet the needs of all the citizenry, including these groups. Achieving the goal of a more inclusive planning approach required a different outreach model than what we've traditionally used. Traditional outreach efforts have not been particularly successful in obtaining input from minority and/or economically disadvantaged groups. Outreach efforts consisted of an online survey and community conversations with neighborhood and service organizations and targeted focus groups. The overall result of the effort was that we received more public input than we would have Page 3 expected from traditional efforts and the dialogue was with a broader representation of the community. The survey resulted in almost 400 responses and our community conversations were attended by over 100 participants. Hope responded to Dana Ralph's question that the grant came from CDC and distributed by Department of Health at a total of $120,000. Hope confirmed Dana's reference to the grant funds also funding a healthy food procurement policy for city meetings and policy changes to improve healthy food access to the community. Debbie stated that she is looking forward to seeing the next steps. Jeff stated that the goal in leading up to the March 6 Council Workshop, staff will come back to the committee with a draft prior to the Council Workshop on March 6. Item 3. Parks Infrastructure - Formation of a Citizen Advisory Group - INFO ONLY Jeff Watling reported that last year, Parks staff undertook the task of evaluating all of our large assets and compiling a comprehensive list of the accumulation of needed projects. Park assets are valued at over $10,000 (note: facilities and the golf course were not included in this assessment). Assets were ranked from 1-5, based on physical condition, age, and anticipated useful life remaining. What we found was that a significant percentage of Kent's park assets are nearing, or have reached, the end of their useful life. Kent has 59 parks and they range from the tiny and virtually unknown Eagle Park to the large and hugely popular Lake Meridian Park. The assessment looked at 240 assets in these parks. Of these assets, 32 percent were ranked either "2" ("useful life noticeably in decline") or "1" ("little to no useful life remaining"). A planning level replacement cost for these failing assets was estimated at $16.4 million. Failing assets were not isolated to a few parks. They were found throughout the system. Thirty seven parks (or 63% of the system) contained at least one failing asset. As time continues to pass, the list of failing assets will continue to lengthen. More assets will fail and more areas of more parks may need to be cordoned off due to safety concerns. Areas in parks with abandoned, failed assets will attract unsanctioned activities. The need for a response to the situation will become more obvious. In reviewing the list of parks that contain failing assets, it was staff's determination that the most obvious response to the list which is calling for the replacement of all failed or failing assets may not be the most prudent or desirable response, even if the funding were available. Some of the assets are obsolete and it would not be desirable to try to replace them; and some of the parks containing failing assets would benefit more from a broader renovation. Page 4 In addition, through the process, staff noted that there are not only failing assets within the system, but entire parks that are not meeting their potential. Any discussion addressing the prioritization of the replacements of failing assets should also consider how to address failing parks. The park system is at a crossroads. Because of the enormity of the need, staff is recommending the formation of a citizen advisory group to work with staff and explore various options. The question of how to respond to our aging park infrastructure is a looming one. Any course of action, even a "do nothing" option, has the potential to impact the system for many years. The resulting advisory group will consist of a broad cross-section of the community, with a good blend of proven leaders to provide some experienced guidance and a new crop of potential community leaders. As important, the majority of the committee would consist of people recommended directly by the community. Because of the complexity of the issue, staff recommends selecting a large group-- of approximately 24 Kent residents. It would be our advice to select approximately one third of them directly, inviting residents with a history of community involvement and leadership, especially in the area of recreation. The remainder of the group will represent specific stakeholder groups, and will be selected to participate by their individual group. Following is an example of the potential make-up of the advisory group: # Type of Organization (3) Organized sports organizations (1 each from football, soccer, and baseball 3 Service clubs 5 Neighborhood organizations 2 School districts 1 Kent Bicycle Advisor Board 1 Trail advocate 1 Friends of Clark Lake 2 Green Kent stewards 2 Kent business community (2) Community organizations (2) Youth organizations (i.e., student councils of KM/Kentridge high schools• scouts 24 TOTAL The citizen advisory group would be tasked with the following responsibilities: • Learn about the Kent park system • Review the park asset report • Establish priorities for addressing the problem • Report findings to the council Page 5 In order to achieve these tasks, staff recommends a schedule for the group of 8 - 12 meetings with the first meetings to take place in February and to report back to city council in mid-May. An additional component to this report is looking at finances and how these projects can be funded. This challenge presents an opportunity for the community to begin a dialogue on how to address the backlog and prepare the park system for future generations to enjoy. Dana Ralph stated that she is a big supporter of taking care of what we have. She feels the citizen advisory committee is a good idea in order to have a voice from the community and move forward. Elizabeth Albertson was surprised at the decay of some parks. Debbie Ranniger voiced her concern with the recent storm damage and that the list will need to be updated. Dana agreed there is a need to bring up safety issues on the list from the storm damage. Elizabeth Albertson asked that she and Dana go on the asset tour after the weather clears in order to review these findings. Item 4. Walk On: Human Services Commission Amendina KCC 2.53 Ordinance - Adopt Jeff stated that this item comes from the conversation at City council on January 3, in regards to compilation and the makeup of youth on commissions. The need for inclusion for youth on The Human Services Commission was created by council in 1986. It has been determined that youth representatives on the commission should have more flexible term requirements so that each youth representative can remain on the commission throughout the representative's high school career. Dana Ralph moved to recommend council adopt the Ordinance amending KCC 2.53 increasing the terms of appointment for Human Services Commission youth representatives. Elizabeth Albertson seconded. The motion passed 3-0. Item 5. Fourth Ouarter Reports - INFO ONLY • The purchase and transfer of the Municipal Court building from King County was completed. • In recreation, we continue to see increased participation in many programs. • The Christmas Fun Run had a record 2,270 finishers this year. • Within the Youth and the Youth/Teen Division, we initiated a new program with the Federal Way School District, specifically at Totem Middle School and Star Lake Elementary Schools. Page 6 • Phoenix Academy continues to grow and we continue to work on successful partnerships, for example as with the Boxing Club. There were 5,000 more visits to the center in 2011 than in 2010. • The holiday tree lights were consolidated from both Kaibara Park and Town Square Plaza to just Town Square Plaza this year. • Contributions of cash and in-kind support, less than $5,000 equaled $22,038 for the fourth quarter, with a grand total of just over $75,000 for 2011. • Debbie noted that the Senior Center Lunch Program has received more donations in 2011 than previous years. Debbie Ranniger plans on sharing information on contributions at city council meetings. Item 6. Director's Report - INFO ONLY In 2011, a first and second grade division was added to the youth basket ball league, partnering with local elementary schools that have lower hoops. Twenty plus teams were added to the league. This is the second year for the You Me We event on January 24, 6:00 - 9:30 at ShoWare. This is a fun, free interactive/informative event for youth and families. There will be 40+ agencies participating. Ka BOOM asked us to apply for another grant. We are looking at Green Tree Park as a potential site for this project. In 2011, we received a grant that supported improvements at Tudor Square Park. Jeff distributed a list of work and policy items that he said will require some conversations at future committee meetings. • Planning and Development: Completion of CPPW project. Citizen's Advisory Group - Parks Infrastructure priorities. • Facilities: Interview and hire Facilities Superintendent. RFA negotiations / renewal, Resource Center. • Riverbend Golf Complex: Budget review and discussion with city council. • Park Operations: Park Resource Management Plan. • Human Services: Application cycle for 2013-2014 grant funding. Long-term funding options - Human Services Commission recommendation. • Budget and special projects. • Animal Services contract and shelter options. State Budget. City council retreat. Page 7 Storm Response Jeff reported that the netting at the Riverbend Golf Complex Driving Range was severely damaged. There is more net damage at Kent Memorial Park and Russell Road Park. Park Operations staff served as a support to Public Works during the clean up, assisting them with clean up of right-of-ways. Upwards of 12 crews have been on the roads dealing with debris clean up and street tree damage. That work will carry on for some time. By the end of this week we will transition some of our work force to deal with park clean up. We ask citizens to support our efforts in cleaning up the parks and if there is an area that is taped off, please respect that and do not enter. Dana Ralph thanked staff for helping with the storm clean up. Debbie Ranniger asked if the city is tallying up the damages and asked what the state is doing. Jeff responded that the Governor is submitting the numbers from the county and the state to the Federal Government for an emergency declaration and getting financial support. The report will show structural damage, costs to clean up. The state declaration is the first step. Debbie asked if there are any monies for temporary jobs to help with the clean up process, inviting the Mayor to join them at the table. Mayor Cooke said she and John Hodgson are talking to Union representatives because we don't hire temp jobs without discussing with them first. With huge amount of damage, in addition to budget cuts and staff cuts, the discussion will continue with union representatives to possibly contract for some assistance. Elizabeth said jobs are up in our state and she is looking to seeing the city's next revenue projections. Debbie referenced utilizing the homeless to assist in the storm clean up. Homeless Assistance Discussion Jeff stated that at the council meeting on January 17, we received a lot of public comment and feedback regarding the proposal from "Kent Hope" and the "Union Gospel Mission. There was a desire by council committee to have a follow up and share next steps. Jeff had numerous discussions regarding this issue with Councilmembers, the Mayor, John Hodgson, and the human services team. Jeff then turned it over to the Mayor for comments. Mayor Cooke said there is always an urgency when people are homeless. We've definitely seen an increase in the homeless largely due to the economy, and partly because we've become a larger city. The Mayor feels there are two major policy issues and one is Homelessness. She asks what the city's role is in setting policy supporting those who are homeless and working with nonprofits and other organizations in support of the homeless. She asked if Council is going to look at this policy development through the eyes of the Human Services Commission, which is the body appointed by the city to develop polices for the homeless and is already networked throughout the region. The other policy is the Resource Center building itself. She feels they are separate, but they can come together. This a big decision to make and she understands there is a need to move on this decision quickly. The city closed the building due to budget constraints. Now we have budgets from the Union Gospel Mission showing how they could operate the building without using city funds. As discussed in Page 8 meetings she's had with Project Hope and Union Gospel Mission, another concern is the dependency of the city on results from the legislative sessions. The city could lose $10M, if there are decreases in streamline sales tax mitigation fees, annexation sales tax credit fees and the liquor sales tax portion. With the city facing that, she is asking again for the committee to take the time to look at some policies to see how the city should deal with it. Elizabeth asked about housing staff in the Resource building last year and Jeff replied that some staff were housed there during an office renovation. Debbie asked for Jason Johnson and Katherin Johnson from Human Services to participate in the conversation, but they were not at the meeting. She said that the Mayor's points are good. She feels there is tremendous momentum from a number of community groups and she doesn't want to slow it down, but at the same time, there are a number of other groups that have continued to look for ways to utilize the building and we need to consider this an open process. One is to re-open the RFP process. The other thought is to do something on a temporary monthly rental basis, especially with the potential impacts of budget cuts from the state. We need to consider the city's budget condition and should keep our options open. Possibly, the building could be leased for six months to a year in order to make it a useful building. She wants to understand what the larger regional issue is as well. There is no need to duplicate other programs in the area. We need to research other collaborations. Debbie continued saying, the other piece goes to the first policy issue the Mayor brought up. Where does this fit in the larger picture? There are plans to have it be an overnight shelter in the future, so what happens to these folks after 7:00 p.m. until then? She wants to understand what the regional issue is and what other partners are doing. She doesn't want to rush into a solution if we are duplicating other agencies' efforts. She feels it would be important to speak to Human Services staff and educate ourselves on the potential collaboration with other groups involved with assisting the homeless. Elizabeth shared that she has spent nine years working with homeless programs and she is a member of the Seattle - King County Homeless Commission. She feels that gives her a depth of knowledge that might make her look at this with a different lens. For her, where they go at 7:00 p.m. is important, but that doesn't stop her from wanting to provide something from 7:00 a.m. to 7:00 p.m. She wants to offer the homeless an opportunity to become "ready to benefit," by offering showers, case management, laundry, and storage. Many homeless are veterans. She is very supportive of this project. She feels this has been an un- served population for years and they can only find services in Seattle. That's why some churches have put together programs such as traveling beds, food and shelter. And the city offers some transitional housing and hotel vouchers. Maybe as part of the process, this group could apply for grant funds to get the building ready. She has a lot of faith in the Union Gospel Mission. She is impressed that they believe we have a community group that organized itself well enough that they want to partner with. And she is impressed that the group didn't give up. She was Page 9 not a part of the RFP process and did not see the proposals and was not a part of the process that said none of them were ready. Without having to send us back to an RFP, if this group wasn't a part of this process, she doesn't feel it is necessary to turn them away at this point. She asked for information on the RFP process. Dana agreed and would like to see specifics of the RFP process. She agrees that human services is all about partnerships. She feels this is a great partnership and she wants to move forward, but the city should do it in a sustainable way. She doesn't want the city to make a commitment and then not be able to fulfill that commitment. It needs to be in a smart and sustainable way. She likes the idea of people having a respite and access to continued education. She appreciates all of the information that has been presented. She wants to know what condition the building is in. She wants to see estimates on costs and see how that fits into the budget. She understands the urgency, but wants to do it right. Elizabeth said that the number one concern is that it's an old building. We wouldn't want to open up the day center and not have heat. We need to know what kind of shape the building is in and, if needed, what would it take to get it ready. She is a fan of using buildings that the taxpayers are already paying for. She supports the city utilizing buildings that are already open - for example partnering with the Kent School District for the Phoenix Academy and the Boxing Club. She receives emails from citizens regarding the homeless sleeping in downtown alleys, while there is an empty building nearby. She asks for help with the numbers to make this work. Debbie asked Jeff for the numbers and next steps. Jeff reiterated what the Mayor said - that there are two sets of policies paths. And, as requested, he can provide the numbers on the RFP. There were eight proposals received and four finalists answered a list of supplemental questions. Representatives from human services agencies, the Chamber of Commerce, and city staff were involved in RFP reviews. No proposal showed a committed budget and that's a risk the city can't afford to take. Jeff reminded the committee that the city has no building allocation within the budget for the Resource Center building. Jeff shared that all of the proposals had great ideas of what they could program in that space. Unfortunately, there were no indications of significant committed funds from any of the four finalist. The review committee recommended not to continue with any of the proposals. Two groups from the RFP group have continued to pursue funding. Jeff then referenced the budget maintenance portion of the Union Gospel proposal. Mike Johnson, Special Projects Director for Union Gospel Mission clarified by saying their facilities budget includes all building maintenance and there is $8,000 budgeted for facilities maintenance and that includes daily use. They ask that the city be responsible for lifecycle projects, such as a new roof. Jeff said that if there is a need for city support, it would make sense as a building owner to have some type of budget or support in the city's budget for maintenance. Debbie said the obvious next step would be to put those numbers together. Page 10 Mayor Cooke asked that the committee look at the homelessness as a whole. To look at strategic planning and their goals, as well as how is this integrated into the city provisions with a particular provider of services. She applauds this group to have self sufficient services. She asks that they look at the Human Services Commission and Kent Downtown Partnership and the North Park community to be a part of this discussion because this also impacts them. Another option that she spoke to Mike Johnson about was a lease to purchase. She reiterated that we need to look at the city's policy on the homeless in Kent. Debbie asked for next steps from Jeff. Jeff paralleled what has been discussed. The next step is how do we take this proposal and momentum and make sure that it's in context with the sub regional conversation that is happening with human service staff on homelessness in the community. Also, there is a policy decision that needs to be addressed by council in an integrated way. As far as the building's next steps, we need to get an idea on what the budget number would be and how we would pursue it. There is not guarantee but the Human Services Commission funding cycle starts in March and this may be an opportunity to get support through the application process to identify a degree of city support. This again, is lead through the Human Services Commission. Debbie said there are specific questions that this committee and the group need to get answered such as, what happens to their proposal? She agrees we need to have a larger discussion about the policy issue regarding the homeless, and yes, this proposal needs to fit into that larger picture. This group is looking for answers around the building. It seems that the city has some due diligence to do. Can we entertain the lease to own option, and what would that look like? What is the city's piece if we were to open up the RFP process again - not to the eight applicants, but to the four finalists, and what would be involved in doing that? What further information does the city need from this group? She feels that Jeff needs to have some conversations with key players; Pat Gray, Mike Johnson, Katherin Johnson, and Jason Johnson, as well as making contact with the other groups and then come back with options for this committee to see how this fits into the regional picture. Also, find out if the new Renton's veterans center compliments or possibly duplicates this program. We need to look forward on both paths to come to a solution as expeditiously as possible. Elizabeth voiced her frustration. She feels it is obvious that the Mayor is not in favor of this program. She feels the issues raised at the meeting were not cogent to this issue. The Human Services Commission decides how the city is going to spend the 1% of Human Services money. They do not decide what non profits can or cannot operate within the city. She added that the homeless are already here (on the streets) so there is no addressing where they go at 7:00 p.m. Elizabeth asked what are the policies? Adding that policies are nothing more than a bunch of words decided upon by a bunch of people at any given time. She said we are the policy makers and both the council and the committee have the opportunity to make policies. What we are hearing is that we have a group that has valid 501c(3), a budget, and community partners that are asking if our building is available to rent. Since we already rent property, let's rent the building. Let's just come up with a Page 11 plan to do it. If we need money, we can go to council and tell them how much it is and get a decision. She was upset because for years Kent and South King County have complained that there are no services here and we never get our fair share from the county and now finally we have something and we don't want to do it. Debbie had to interrupt Elizabeth to close the meeting. Debbie said that we need to move forward and find out what the operational support is and make a decision if we want to move forward with this building. Mayor Cooke addressed Elizabeth's comment clarifying that she has never taken the position in opposition. She attended this meeting to ask the questions she has with the representatives when she met with them. Debbie added, that if there is something worth pursuing, we just have to figure out what it needs to be. Dana agreed that we need to see numbers and facts. She wants to make sure building is good for what we are asking. She is excited about the energy and the homework that has been done. She said we need to do the groundwork to make sure it is done smart and it is sustainable. Debbie concluded by saying that they need the numbers, and reaching out appropriately to the community, while potentially reaching out to one of the other RFP groups who has been working behind scenes. We will continue to work on this. The meeting adjourned at 6:35 p.m. Respectfully submitted, re�-i PeCaole Teri Petrole Council Committee Secretary Page 11 Page 12 Page 13 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director s Phone: 253-856-5100 N T Fax: 253-856-6050 WASHIMC70N Address: 220 Fourth Avenue S. Kent, WA. 98032-589S February 16, 2012 To: Parks and Human Services Committee From: Katherin Johnson, Housing and Human Services Manager Through: Jeff Watling, Parks, Recreation and Community Services Director Subject: Indigent Defense Services Findings — Resolution MOTION: Move to recommend Council adopt the resolution adopting findings relating to indigent defense service contracts and authorizing the Mayor to enter into 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 1st, 2012 through December 315t, 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 BUDGET IMPACT: None Page 14 Page 15 i i 1 I, i 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 Page 16 i 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 i I I Page 17 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 Page 18 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 I, 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, - Severabilitv. 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 Page 19 APPROVED AS TO FORM: TOM BRUBAKER, 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 i i 5 Resolution Indigent Defense Findings Page 20 Exhibit A 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 i I I Page 21 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. i 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 Page 22 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 Page 23 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. Training. 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 Page 24 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 to serve this Agreement, as well as 1.5 Rule 9 interns who occupy 1.5 full time equivalent Rule 9 positions. The fulltime equivalent positions provided for in this section shall be the minimum number of positions dedicated to the services called 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 Agreement for Indigent Defense Services Page 5 of 20 Page 25I�I a court at a court hearingfor that one court hearing only, and shall not include pre- 9 Y, 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 i • 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 Agreement for Indigent Defense Services Page 6 of 20 Page 26 • Failure to Surrender License 1/3 • 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 Agreement for Indigent Defense Services Page 7 of 20 Page 27 • Crimes Requiring Registration as Sex Offender 2 • 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 Imprisonment 1 • 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 Shifting. 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 Anoointments. 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 Indigent Defense Services Page 8 of 20 Page 28 refusingfurther appointments, Contractor shall attempt to withdraw from cases pp p 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. 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 CrRU 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; Agreement for Indigent Defense Services Page 9 of 20 ICI Page 29I, 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. 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 Agreement for Indigent Defense Services Page 10 of 20 Page 30 certifications required by this Agreement shall be delivered to the Human Services Department. 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 8. 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. I Agreement for Indigent Defense Services Page 11 of 20 Page 31 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. 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 '.. Page 32 '.,. 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. i i Agreement for Indigent Defense Services Page 13 of 20 �i, Page 33 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 Page 34 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 Page 35 '.. 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 Page 36 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 Page 37 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: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 Page 38 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. S. 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. Page 39 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 A:VII. 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. Page 40 Exhibit IS 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 Page 41 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 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. 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 '.. Page 42 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. Oualifications. 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. Training. 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. i Agreement for Conflict Indigent Defense Services Page 3 of 16 ICI Page 43 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. i 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, as well as zero (0) Rule 9 interns who occupy zero (0) full time equivalent Rule 9 positions. The fulltime equivalent positions provided for in this section shall be the minimum number of positions dedicated to the services called for in 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 Shifting. 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 Agreement for Conflict Indigent Defense Services Page 4 of 16II, i Page 44 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 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; Agreement for Conflict Indigent Defense Services Page 5 of 16 i i Page 45 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; 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 Proaram — 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. XV11. 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. i i Agreement for Conflict Indigent Defense Services Page 6 of 16 Page 46 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 8. 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. Comllaints 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 Page 47 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 Page 48 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. 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. 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 i Page 49 III 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 ARID 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 Page 50 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 i Page 51 I 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 Page 52 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 Page 53 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I I 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 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 Page 54 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. l Page 55 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 A:VII. 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. Page 56 Page 57 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 ® Fax: 253-856-6050 KENT WASHiNOTCN Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 February 16, 2012 To: Kent City Council Parks and Human Services Committee From: Jason Johnson, Human Services Coordinator Katherin Johnson Housing and Human Services Manager Through: Jeff Watling, Director Parks, Recreation and Community Services Subject: Housing and Human Services One Night Count Summary - INFO ONLY MOTION: Informational. No action required. SUMMARY: The annual One Night Count of homeless people in King County took place in the early hours of Friday, January 27. 800 volunteers fanned out across the county to count the number of men, women and children who are homeless and without shelter tonight. They counted people trying to survive in cars, tents, all night buses, select hospitals, or curled up in blankets under bridges or in doorways. Roughly 60 volunteers participated by counting in Kent. Findings 2,594 men, women and children had no shelter in King County last night, a small increase over those found without shelter last year. There was not a significant change from last year in the Kent numbers. The One Night Count only includes a very small part of Kent primarily in the valley. The same areas are counted each year. Why does the Count take place? The primary purpose of the One Night Count is to document how many people still lack basic shelter. One shelter program that the City of Kent opens with Kent Lutheran Church and Catholic Community Services is the Severe Weather Shelter. This shelter was activated for 6 days during the January winter storms, and served about 25 men, women, and children each night. EXHIBITS: One Night Count Summary and Chart BUDGET IMPACTS: None Page 58 Page 59 The Seattle/King County Coalition on Homelessness 77 South Washington Street,Seattle,WA 98104 www.homelessinfo.org p Phone 206.357.3148 Fax 206.461.3147 MEDIA RELEASE CONTACT January 27, 2012 Nicole Macri office 206.515.1514/ cell 206.313.3751 / nmacri(&desc.org This year's One Night Count of homeless up slightly The 32°d annual One Night Count of homeless people in King County took place in the early hours of Friday, January 27. 800 vohmteers fanned out across the county to count the number of men, women and children who are homeless and without shelter tonight. They counted people trying to survive in cars, tents, all night buses, select hospitals, or curled up in blankets under bridges or in doorways. i Findings • 2,594 men, women and children had no shelter in King County last night, a small increase over those found without shelter last year. 800 volunteers counted people in 13 cities across King County. Why does the Count take place? The primary purpose of the One Night Count is to document how many people still lack basic shelter. The results are impossible to misinterpret: several thousand men, women, and children lack safety and stability. Alison Eisinger, organizer of the Count and the Executive Director of the Coalition, says, "There's another reason for the Count. When hundreds of people see their neighbors sleeping on cardboard or riding buses to keep warm,they are shocked and saddened. We want them to be inspired to urge their local and state officials to address these needs with resources." This morning's count focuses on people surviving outside without shelter; it does not include those who are staying in shelters and transitional housing.A full report that also includes the number of people in shelters and transitional housing will be released in the spring. Last year,volunteers found 2,442 people surviving outside, without shelter, and another 6,382 in shelters and transitional housing programs. Organizers recognize that this morning's count is an undercount of people without shelter on this night. Counters can reach only a portion of the geographic area of the county, and many homeless people sleep in hard-to-reach places. I Bill Block,Director of the Committee to End Homeless, which implements the'fen Year Plan to End Homelessness in King County, said, "The street count is only a snapshot, which can be influenced by a number of factors. We know without our prevention and housing programs,thousands more people would be on the streets.Even in the face of the recession, we know that our investments can reduce the number of people who are homeless --that happened last year and the year before." Our community continues to be committed to finding solutions to homelessness. This effort, supported by governments, faith communities, non-profits, businesses,homeless and formerly homeless people, has helped to develop over 4,000 housing units,with an additional 800 in the pipeline.The outpouring of volunteers participating reflects a strong and growing community resolve to end homelessness. The Seattle/King County Coalition on Homelessness(SKCCH), www.homelessinfo.orci, works collaboratively to ensure safety and survival for people who are homeless, and to end the crisis of homelessness in our region. For more information about the One Night Count please contact Alison Eisinger at 206.357.3148 or alison(o),homelessinfo.oEg. For more information about the Ten Year Plan to End Homelessness,please contact Bill Block at 206- 263-9001 or bill.block@kingcountygov. -end - Page 60 N .4 r 1d M (O r 00 M V 0 h - a O LO d' y. 00 h M 0 N M ep 0D W M h N r 0 CD W 00 00 rLf) N O 0 V 0 co O O m O N N N N O O r r- E 9 c Q 0 Y co M O M 0 00 00 00 0 0 0 CD 'IT r t ® p N r r O 0 m 9 = (0 Z m 0 Q OLO N LO O O O M V' M N N O O M r T ! r 0f C = G O � LO N N d CO f0 N r0+ d N OD N O h O O V (D N O O M O O (O N n L to 03 to 3 O 3 d e U. c ya 0 d N M O O � O O N N O �- O O O O M r � i 0 Od •a 0 � w f0 O C = P d 0 V U 3 N i+ N N d' N O OD N O N (O d' 0 0 V O O M 1l- 00 N !0 CO � (0 M �O � (O � 0 0 O _ a � r •� 'C U d w in Q a = O = _ C\l N1,- O O M CD O M r O N O 'ITN Cl) 0 0 O _C U d 0 0 d d Z I Lo 1J 3 o m M V' O r M M W N 0 0 0 O M O V d C N d d' N d R O M r r O r m N ' -q N N d N N M _ d u m 0 d N N r I� h CO M O I' m O N M (O O N d' N M M N r N ® O O) N , M M 7 N LO N c- 1� O O M° r r ° r r _ N M r N M (O N r r N t M M N N N N U OD d 00 d fn c M d ri n M Cl) ® 0 y O O M O F- 03 0 " (6 0 co y N E N �9 E O i d E y d a 3 v 0 = _ •� m sY. N O ED 'd- N R O W y d L 0 = a d N oa 0 '... N a) £ e d 0 E 0 0 0 w 7 .0 O T N1 N y Y t YOi V d 0 d E d f0 m eL+ 0 0 m 7 3 R a+ 0 Q Z � � 0m mn. U (n ❑ ❑ vmmQ � O Page 61 i i PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 40 \1147�® Phone: 253-856-5100 ,KcN'r Fax: 253 856 6050 WASHINOTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 February 16, 2012 To: Parks and Human Services Committee From: Jeff Watling, Parks, Recreation and Community Services Director Subject: Kent Municipal Court Remodel — Procurement Code Requirements - Approve MOTION: Move to approve 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 BUDGET IMPACT: None i Page 62 Page 63 PARKS, RECREATION AND COMMUNITY SERVICES 4^4 Jeff Watling, Director Phone: 253-856-5100 0 ter- Fax: 253-856-6050 \1111'7�K IF 1 KEN wasHINGION Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 February 16, 2012 To: Kent City Council Parks and Human Services Committee From: Julie Stangle, Manager Youth/Teen Programs & Adaptive Recreation Lori Hogan, Superintendent of Recreation and Cultural Services Through: Jeff Watling, Director Parks, Recreation and Community Services Subject: 2012 Highline School District Contract for Camp Waskowitz Facility Rental - Authorize MOTION: Move to recommend authorizing Mayor Cooke to sign the 2012 Contract with Highline School District to rent the Camp Waskowitz Facility. SUMMARY: 2012 contract with Highline School District #401 to rent the Camp Waskowitz facility in North Bend for one week, August 6 - 10, 2012. Children entering 5th 6th and 71h 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 BUDGET IMPACTS: Budgeted in the Camps budget i Page 64 i 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 Page 66 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 ,aco CE TIFICAT'E F LIABILITY INSU NCB DATE( 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 Excess-& OCp114S _- 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 INSR WVD POLICYNUMBER MMIDDYYYY MMIODNYYY A GENERAL LIABILITY 1-A3-RL-ODOOOfi9-01 1/1/2012 11112013 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 POLICY PROJEC- LOC S I 'I A AUTOMOBILE LIABILITY NH-A3-RL-0000DS9-01 /112012 11/2013 Ea acGtlenl SS DOg000 X BODILYINJURY(Perperson) S ANYAUTO ALL OWNED SCHEDULED BODILY INJURY(Per acadenl) 5 AUTOS AUTOS NO OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Par awken $ _ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $_ DED RETENTIONS VC DITR $ WORKERS COMPENSATION Y _ 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 under E.L.DISEASE-POLICY LIMJT S DESCRIPTION OF OPERATIONS be. I I DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES (Attach ACORD 101,Additional Remarks Schedule,Hmore space is requiradl RE: Use of the facilities of Camp Waskowitz the week of August 6th-1Oth,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 Page 68 '..., I i Page 69 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director ® Phone: 253-856-5100 Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 February 16, 2012 To: Kent City Council Parks and Human Services Committee From: Dave Heldt, Program Coordinator Lori, Hogan, Superintendent of Recreation & Cultural Services Through: Jeff Watling, Director of Parks, Recreation and Community Services Subject: 2012 Washington State Slo-Pitch Umpires Association Agreement - Authorize i MOTION: Move to recommend authorizing the Mayor to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2012 season. 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 $25,000.00. Participant fees cover all costs for this program. EXHIBITS: Goods and Services Agreement BUDGET IMPACT: Budgeted in the Recreation Operating Budget I Page 70 ■� g� Page 71 Hl 0 T '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) Pa Qe 72 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) Page 73 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 Page 74 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) Page 75 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) Page 76 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) Page 77 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) Page 78 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 Page 79 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 I Page 80 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 Page81 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 Page 82 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 Page 83 Kent Parks, Recreation and Community Services Jeff Watling, Director Phone: 253-856-5100 KENT Fax: 253-856-6050 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 February 16, 2012 To: Kent City Council Parks and Human Services Committee From: David Heldt, Program Coordinator Lori, Hogan, Superintendent of Recreation & Cultural Services Through: Jeff Watling, Director of Parks, Recreation and Community Services Subject: 2012 King County ASA Umpires Association Agreement - Authorize MOTION: Move to recommend authorizing the Mayor to sign the King County ASA Umpires Association Agreement for the 2012 season. 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 ASA Umpires Association. As a result, the 2012 contract will likely exceed $25,000.00. Participant fees cover all costs for this program. EXHIBITS: Goods and Services Agreement BUDGET IMPACT: Budgeted in the Recreation Operating Budget Page 84 Page 85 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) Page 86 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) Page 87 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) Page 88 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) Page 89 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) Page 90 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) Page 91 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) Page 92 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 Page 93 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 Page 94 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 Page 95 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 alfage96 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. Page 97 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director 440 Phone: 253-856-5100 \Z�® Fax: 253-856-6050 lc F KENT WAS H IN GTo H Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 February 16, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Jeff Watling, Director of Parks, Recreation & Community Services SUBJECT: Director's Report - INFO ONLY MOTION: None, informational SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services, will inform the committee of noteworthy information and upcoming events. I EXHIBITS: None BUDGET IMPACT: None i i i i i i i