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HomeMy WebLinkAboutCity Council Committees - Operations - 01/06/2015 KENT WASH 1NG�0N Operations Committee Agenda Council Members: Bill Boyce * Dana Ralph * Les Thomas, Chair January 6, 2015 4:00 p.m. Item Description Action Speaker Time Pace Call to order. Roll Call. Changes to the Agenda. 1. Approval of Minutes dated December 16, YES 1 2014. 2. Approval of Check Summary Report dated YES 12/1/2014 thru 12/15/2014. 3. Resolution Adopting Indigent Defense YES T. Brubaker 5 5 Standards 4. ePlus - Pure Storage Array Purchase YES S. Kelsey 5 21 5. Acquisition of a Washington State SECTOR YES C. Ryser 5 29 and Tiburon Records Management System Interface Unless otherwise noted,the Operations Committee meets at 4:00 p.m.on the first and third Tuesday of each month.Council Chambers East, Kent City Hall, 220 4`h Avenue South, Kent,98032-5895. Dates and times are subject to change. For information please contact Annalise LaPorte at(253)856-5705. Any person requiring a disability accommodation should contact the City Clerlts Office at(253)856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank 1 sswa�KENT WASHINGTON OPERATIONS COMMITTEE MINUTES December 16, 2014 Committee Members Present: Les Thomas, Chair, Dana Ralph and Bill Boyce The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED DECEMBER 2, 2014. D. Ralph moved to approve the Operations Committee minutes dated December 2, 2014. B. Boyce seconded the motion, which passed 3-0. 2. APPROVAL OF THE CHECK SUMMARY REPORT DATED 11/16/2014 THROUGH 11/30/2014. B. Boyce moved to approve the check summary report dated 11/16/2014 through 11/30/2014. D. Ralph seconded the motion, which passed 3-0. 3. 2014 PROPERTY TAX LEVY FOR 2015 BUDGET, ORDINANCE. Finance Director A. BeMiller reported that the ordinance levies a property tax increase of 5.83% over the prior year. The most significant part of that is the nearly $1 million in banked capacity which is budgeted to be applied toward the general fund. This includes normal property tax (1%), new construction, refunds, and the banked capacity. The city has the ability to go over the 1% without public vote when using banked capacity. This means, for a $300,000 valued home, the tax impact would be an overall increase of about $25 annually. D. Ralph moved to recommend Council adopt an ordinance levying the property taxes for the first year of the 2015-2016 biennial budget. B. Boyce seconded the motion, which passed 2-1, with L. Thomas opposed. 4. 2015-2016 OPERATING BUDGET ORDINANCES AND RESOLUTION. A. BeMiller noted that this item is four pieces of legislation combined into one motion that will allow cost revisions and revenue enhancements to establish the 2015-2016 biennial budget and bring it into balance. The first ordinance will amend section 3.18.020 to renew the utility tax on water, sewer and drainage services, allocated to the general fund for general expenses. This is a continuation of the 1% (about $610,000 — $615,000) dedicated to building General Fund reserves that sunset at the end of 2014. Next is a resolution amending fee schedules for various land use, building code and other regulatory fees, as well as eliminating automatic Consumer Price Index (CPI) increase for business license fees. The 2015/2016 budget proposal includes increasing development permit fees in order to raise $188,000 of new revenue. 2 Operations Committee Minutes December 16, 2014 Page: 2 The second ordinance will amend the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six-year plan for capital improvement projects for 2015 through 2020. The final ordinance will amend Section 3.28.130 of the Kent City Code, reallocating the distribution of business and occupation tax revenue received which has been part of budget deliberations to date. D. Ralph noted that she would vote for the item as a whole because the ordinances and resolution were lumped together, but that she had concerns with the internal utility tax ordinance. She went on to say, "it feels like we are using money coming from an enterprise fund which is a protected fund to pay general fund obligations." B. Boyce moved to recommend Council adopt the four ordinances and one resolution enacting the 2015-2016 biennial budget. D. Ralph seconded the motion, which passed 3-0. S. SCHOOL DISTRICT CAPITAL FACILITIES PLANS. Brought before the committee by Planning Manager C. Anderson was the annual incorporation of the updated Capital Facilities Plans from the Kent, Auburn, Federal Way and Highline School Districts into the Comprehensive Plan and associated school impact fees. D. Ralph moved to recommend adoption of ordinances updating the Capital Facilities Element of the Kent Comprehensive Plan and Chapter 12.13 Kent City Code to incorporate the 2014/15 -2019/20 Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, including updated School Impact Fees, as recommended by staff. B. Boyce seconded the motion, which passed 3-0. 6. FIRST AMENDMENT TO CONTINGENT LOAN AND SUPPORT AGREEMENT BETWEEN THE CITY OF KENT AND THE SPECIAL EVENTS CENTER PUBLIC FACILITIES DISTRIC. Section 3.3 of the Contingent Loan and Support Agreement regarding financing for the Kent Special Events Center states generally that any monies contributed by the City towards debt service payments for the Special Events Center are to be treated as loans from the Public Facilities District (PFD). The PFD's single revenue source is a .037% sales tax credit which generates approximately $700,000 to $800,000 per year. The 2014 annual debt service payment on the Event Center bonds is $3.8M. Economic realities have shown that the PFD has never generated enough revenue to fully pay the annual debt service costs on the bonds and the City will have contributed over $18M by the end of 2014 toward debt service payments. Furthermore, there is no basis for expectation that the PFD will earn sufficient revenues to fully cover the annual bond debt service, let alone repay the City for past payments. It was noted that the amendment would change the language of section 3.3 and would discharge and release the PFD from any obligation to repay previous or future City contributions toward debt service. 3 Operations Committee Minutes December 16, 2014 Page: 3 All committee members voiced concern with this item. Because the item was already a discussion topic on the special council meeting agenda for the same night, no action was needed. 7. FINANCIAL SUMMARY REPORT— INFORMATION ONLY. The General Fund's ending balance is estimated to increase by $5.4 million and end the year at $15.3 million. This includes General Fund reserves of $11.6 million, or 15.6%, contingency for unanticipated costs of $1.5 million, and $1.8 million restricted for annexation. In addition, there is currently $424,000 in the Strategic Opportunities Fund. Overall revenues are currently coming in about $4.2 million, or 5.5% above budget. Sales Tax continues a steady positive trend, averaging a 9.1% increase over 2013 collections. Year-end projection is expected to exceed budget by $1.6 million, which equates to 8.1%. Building Permits and Plan Check Fees revenues are exceeding projections, currently running nearly $1.5 million above budget, or 34%. Expenditures in all categories, except Cost Allocations, are currently trending about $3.1 million below budget, or 4.1%. Due to a change in methodology for allocating General Fund, the costs allocated to other funds and projects has been reduced by $1.2 million. Expenditures are expected to end the year $1.9 million below budget, or 2.6%. The meeting was adjourned at 4:22 p.m. by L. Thomas. l Annalise LaPorte Operations Committee Secretary 4 This page intentionally left blank 5 LAW DEPARTMENT � Tom Brubaker, City Attorney � T Phone: 253-856-5770 WASH INGrox Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: January 6, 2015 TO: Operations Committee SUBJECT: Resolution Adopting Indigent Defense Standards - ADOPT MOTION: Recommend Council adopt the Resolution adopting indigent defense standards for indigent defense services provided to the city of Kent and repealing Resolution No. 1843. SUMMARY: The city of Kent prosecutes misdemeanor offenses that are committed by adults within the Kent city limits. The misdemeanor offenses are filed into the Kent Municipal Court. In accordance with the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense. Chapter 10.101 RCW establishes a process for determining indigency, and requires that municipalities adopt standards for the delivery of criminal defense services to the indigent. The City currently contracts with a law firm located within the city limits of Kent for the provision of indigent defense services. In addition, the City also contracts with other defense attorneys to provide indigent defense services in the event there is a conflict of interest that prevents the main firm from representing a defendant. The City's Human Services Division manages the indigent defense contracts. The City prides itself in providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public. In furtherance of this effort, and in accordance with Chapter 10.101 RCW, the City adopts the standards set forth in this resolution for the delivery of public defense services. These standards are intended to be consistent with state law, the Standards for Indigent Defense adopted by the Washington Supreme Court, and case law interpreting the constitutionality of systems for the provision of public defense services. In accordance with RCW 10.101.030, the standards endorsed by the Washington State Bar Association served as guidelines for the establishment of these standards. These standards are supplemented by the various contracts for public defense services entered into by the City and various law firms and attorneys. Exhibit: Resolution Budget Impact: Included in 2015-2016 Biennial Budget and addressed in contract for public defense services approved by council on December 9, 2014. 6 RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, adopting a new resolution adopting indigent defense standards for indigent defense services provided to the city of Kent and repealing Resolution No. 1843. RECITALS A. The city of Kent prosecutes misdemeanor offenses that are committed by adults within the Kent city limits. The misdemeanor offenses are filed into the Kent Municipal Court. B. In accordance with the 6th Amendment of the United States Constitution, and Article I, Section 22 of the Washington Constitution, persons charged with misdemeanors who are deemed indigent are entitled to the effective assistance of counsel at the public expense. C. Chapter 10.101 RCW establishes a process for determining indigency, and requires that municipalities adopt standards for the delivery of criminal defense services to the indigent. D. The City currently contracts with a law firm located within the city limits of Kent for the provision of indigent defense services. In addition, the City contracts with other defense attorneys to provide 7 indigent defense services in the event there is a conflict of interest that prevents the main firm from representing a defendant. The City's Human Services Division manages the indigent defense contracts. E. The City prides itself in providing all indigent defendants with the highest quality public defense available at a reasonable cost to the public. In furtherance of this effort, and in accordance with Chapter 10.101 RCW, the City adopts the standards set forth in this resolution for the delivery of public defense services. F. These standards are intended to be consistent with state law, the Standards for Indigent Defense adopted by the Washington Supreme Court, and case law interpreting the constitutionality of systems for the provision of public defense services. In accordance with RCW 10.101.030, the standards endorsed by the Washington State Bar Association served as guidelines for the establishment of these standards. These standards are supplemented by the various contracts for public defense services entered into by the City and various law firms and attorneys. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — The following standards apply to all indigent defense attorney services provided to the city of Kent. Definitions A. Attorney. As used in these standards, the term "attorney' shall mean an attorney under contract with the city of Kent for the provision of indigent defense services, and shall also mean the law firm or solo practice 8 for which the attorney works. These standards shall also apply to each attorney working for a law firm under contract with the City for the provision of indigent defense services. B. Defendant. The term "defendant" shall mean a person who has been charged with a misdemeanor offense in the Kent Municipal Court, and who is represented by an attorney as the term attorney is defined in these standards. It shall also mean any suspect who is being detained for investigation of driving under the influence (RCW 46.61.502), driving under twenty-one consuming alcohol or marijuana (RCW 46.61.503), or physical control of any vehicle under the influence (RCW 46.61.504), for the purpose of consulting with the attorney prior to deciding whether to provide a sample of breath or blood. Standard 1: Compensation The City's contracts for indigent defense services shall provide for payment at a rate competitive for like services in the state of Washington and in the South King County area in particular. No contract for indigent defense services shall require the attorney to pay any compensation to another attorney in the event the attorney is disqualified from representing a defendant due to a conflict of interest. Standard 2: Duties and Responsibilities of Attorneys Attorneys shall provide services to defendants in a professional, skilled manner consistent with the Standards for Indigent Defense established by the Washington Supreme Court, the Rules of Professional Conduct, applicable case law and court rules defining the duties of the attorney, and the rights of defendants. At all times during the representation of a defendant, the attorney's primary and most fundamental responsibility shall be to promote and protect the interests of the defendant. 9 Standard 3: Caseload Limits, Types of Cases and Limitations on Private Practice The City hereby incorporates by reference Standard 3 of the Standards for Indigent Defense established by the Washington Supreme Court, including amendments through August 15, 2014. A copy of Standard 3 is attached hereto by reference as Exhibit A. Standard 4: Responsibility for Expert Witness Fees and Other costs Attorneys shall be free to retain experts and investigators of the attorney's choosing, and may apply to the court for expert witness fees pursuant to applicable court rules. In no case should attorneys be forced to select experts from a list pre-approved by either the court or prosecution. Standard 5: Administrative Expenses Any contract for the provision of indigent defense services should provide for or include administrative costs associated with providing legal representation. These costs shall include but are not limited to travel, telephones, law library including electronic legal research, financial accounting, case management systems, computers and software, office space and supplies, training, meeting reporting requirements imposed by the Washington Supreme Court Standards for Indigent Defense, and other costs incurred in the day-to-day management of indigent defense services. Attorneys shall maintain an office that accommodates confidential meetings with defendants, and a postal address and adequate telephone services to ensure prompt response to defendant contact. Standard 6: Investigators Attorneys shall use investigation services as appropriate. 10 Standard 7: Support Services Attorneys shall employ an adequate number of staff to ensure the effective performance of indigent defense services. Attorneys shall have access to interpreters and investigators, and other experts and support staff to provide for the effective assistance of counsel. Standard 8: Reports of Attorney Activity and Vouchers Attorneys shall maintain a case reporting and case management information system, and the attorneys shall provide reports to the City in a form and at increments as agreed to by the City and the attorneys. Attorneys shall not be required to compromise any attorney confidences when providing these reports. Vouchers and billing shall be submitted and paid in accordance with a contract for indigent defense services. Standard 9: Training Attorneys shall engage in regular training in the areas of criminal defense law including a minimum of seven hours of continuing legal education annually in areas relating to criminal defense. Attorneys should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and other media. Standard 10: Supervision, Monitoring and Evaluation of Attorneys Attorneys shall establish a system in which more experienced attorneys regularly review the work of less experienced attorneys. The more experienced attorneys shall review the case outcomes, caseloads, and any other information deemed appropriate, and shall regularly monitor the less experienced attorney's interactions with defendants, case preparation, and in-court activities. Attorneys may seek input from defendants, judges and other attorneys if appropriate. 11 Standard 11: Substitution of Attorneys and Assignment of Contracts Attorneys should not subcontract with another law firm or attorney and should remain involved in the provision of services to the defendant. The names and experience levels of the attorneys providing services to the City shall be provided to the City. A contract with an attorney or firm shall address the procedures for continuing representation of defendants upon the termination of the contract. Alternate or conflict attorneys should be available for substitution in conflict situations at no cost to an attorney declaring a conflict. Standard 12: Qualifications of Attorneys The City hereby incorporates by reference Standards 14.1, 14.2(K), and 14.4 of the Standards for Indigent Defense established by the Washington Supreme Court, including amendments through August 15, 2014. A copy of these standards is attached hereto by reference as Exhibit B. Standard 13: Disposition of Defendant Complaints Attorneys shall establish a process for responding to complaints made by defendants. At a minimum, all complaints shall be reviewed by one or more senior attorneys of the law firm. Complaints that are not resolved by the attorney shall be directed by the attorney to the City's Housing and Human Services Division for evaluation and follow-up, or may be directed to the Washington State Bar Association. Attorneys shall fully cooperate in the City's investigation process. Standard 14: Cause for Termination of Indigent Defense Services and Removal of Attorney Contracts with the attorney shall include grounds for termination. Such grounds for termination may be based on good cause, which shall include, but shall not be limited to, a failure of the attorney to provide effective 12 assistance of counsel, a disregard of the rights and interests of the defendant, a willful disregard for these standards, or a breach of the requirements of the contract. Standard 15: Non-Discrimination The City shall not discriminate against a law firm or attorneys for the provision of indigent defense services on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation, or disability. Attorneys shall not discriminate in the hiring of employees or the provision of services pursuant to a contract with the City on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation, or disability. Both the City and the attorneys shall comply with all federal, state, and local non-discrimination requirements. Standard 16: Guidelines for Awarding Defense Contracts A contract for public defense services should be awarded only after a reasonable determination that the attorney or firm can meet these standards. A contract should not be awarded on the basis of cost alone. Contracts should only be awarded to a firm where at least one attorney in the firm has at least one year of trial experience. City attorneys, prosecutors and law enforcement officers should not select the attorneys who will provide indigent defense services. SECTION 2, Resolution No. 1843 - Repealed. Upon the effective date of this resolution, Resolution No. 1843 is repealed and will no longer be effective for application in the city of Kent. SECTION 3. — Savings. 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. 13 SECTION 4, — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 5, — Corrections by City Clerk. Upon approval of the City Attorney, the City Clerk is authorized to make necessary corrections to this resolution or its exhibit, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 6, — 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 , 2015. CONCURRED in by the Mayor of the city of Kent this day of 2015. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 14 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 2015. RONALD F. MOORE, CITY CLERK P\a..\a,,o1uaon\Pubh,D,f,n=a n,ndab=zo.a d— 15 Standard 3. Caseload Limits and Types of Cases Standard 3.1. The contract or other employment agreement shall specify the types of cases for which representation shall be provided and the maximum number of cases which each attorney shall be expected to handle. Standard 3.1 adopted effective October 1, 2012 Standard 3.2. The caseload of public defense attorneys shall allow each lawyer to give each client the time and effort necessary to ensure effective representation. Neither defender organizations, county offices, contract attorneys, nor assigned counsel should accept workloads that, by reason of their excessive size, interfere with the rendering of quality representation. As used in this Standard, "quality representation" is intended to describe the minimum level of attention, care, and skill that Washington citizens would expect of their state's criminal justice system. Standard 3.2 adopted effective October 1, 2012 Standard 3.3. General Considerations. Caseload limits reflect the maximum caseloads for fully supported full-time defense attorneys for cases of average complexity and effort in each case type specified. Caseload limits assume a reasonably even distribution of cases throughout the year. The increased complexity of practice in many areas will require lower caseload limits. The maximum caseload limit should be adjusted downward when the mix of case assignments is weighted toward offenses or case types that demand more investigation, legal research and writing, use of experts, use of social workers, or other expenditures of time and resources. Attorney caseloads should be assessed by the workload required, and cases and types of cases should be weighted accordingly. If a defender or assigned counsel is carrying a mixed caseload including cases from more than one category of cases, these standards should be applied proportionately to determine a full caseload. In jurisdictions where assigned counsel or contract attorneys also maintain private law practices, the caseload should be based on the percentage of time the lawyer devotes to public defense. The experience of a particular attorney is a factor in the composition of cases in the attorney's caseload. The following types of cases fall within the intended scope of the caseload limits for criminal and juvenile offender cases in Standard 3.4 and must be taken into account when assessing an attorney's numerical caseload: partial case representations, sentence violations, specialty or therapeutic courts, transfers, extraditions, representation of material witnesses, petitions for conditional release or final discharge, and other matters that do not involve a new criminal charge. Definition of case. A case is defined as the filing of a document with the court naming a person as defendant or respondent, to which an attorney is appointed in order to provide representation. In courts of limited jurisdiction multiple citations from the same incident can be counted as one case. Standard 3.3 adopted effective October 1, 2012 16 Standard 3.4. Caseload Limits. The caseload of a full-time public defense attorney or assigned counsel should not exceed the following: 150 Felonies per attorney per year; or 300 Misdemeanor cases per attorney per year or, in jurisdictions that have not adopted a numerical case weighting system as described in this Standard, 400 cases per year; or 250 Juvenile Offender cases per attorney per year; or 80 open Juvenile Dependency cases per attorney; or 250 Civil Commitment cases per attorney per year; or 1 Active Death Penalty trial court case at a time plus a limited number of non- death-penalty cases compatible with the time demand of the death penalty case and consistent with the professional requirements of Standard 3.2; or 36 Appeals to an appellate court hearing a case on the record and briefs per attorney per year. (The 36 standard assumes experienced appellate attorneys handling cases with transcripts of an average length of 350 pages. If attorneys do not have significant appellate experience and/or the average transcript length is greater than 350 pages, the caseload should be accordingly reduced.) Full time Rule 9 interns who have not graduated from law school may not have caseloads that exceed twenty-five percent (25%) of the caseload limits established for full-time attorneys. Standard 3.4 adopted effective October 1, 2013, EXCEPT paragraph 3, misdemeanor caseload limits, adopted effective January 1, 2015. Standard 3.5. Case Counting. Attorneys may not engage in a case weighting system, unless pursuant to written policies and procedures that have been adopted and published by the local government entity responsible for employing, contracting with, or appointing them. A weighting system must: A. recognize the greater or lesser workload required for cases compared to an average case based on a method that adequately assesses and documents the workload involved; B. be consistent with these Standards, professional performance guidelines, and the Rules of Professional Conduct; C. not institutionalize systems or practices that fail to allow adequate attorney time for quality representation; D. be periodically reviewed and updated to reflect current workloads; and E. be filed with the State of Washington Office of Public Defense. Cases should be assessed by the workload required. Cases and types of cases should be weighted accordingly. Cases which are complex, serious, or contribute more significantly to attorney workload than average cases should be weighted upward. In addition, a case weighting system should consider factors that might justify a case weight of less than one case. 17 Notwithstanding any case weighting system, resolutions of cases by pleas of guilty to criminal charges on a first appearance or arraignment docket are presumed to be rare occurrences requiring careful evaluation of the evidence and the law, as well as thorough communication with clients, and must be counted as one case. Standard 3.5 adopted effective October 1, 2012 Standard 3.6. Case Weighting. The following are some examples of situations where case weighting might result in representations being weighted as more or less than one case. The listing of specific examples is not intended to suggest or imply that representations in such situations should or must be weighted at more or less than one case, only that they may be, if established by an appropriately adopted case weighting system. A. Case Weighting Upward. Serious offenses or complex cases that demand more-than-average investigation, legal research, writing, use of experts, use of social workers, and/or expenditures of time and resources should be weighted upward and counted as more than one case. B. Case Weighting Downward. Listed below are some examples of situations where case weighting might justify representations being weighted less than one case. However, care must be taken because many such representations routinely involve significant work and effort and should be weighted at a full case or more. i. Cases that result in partial representations of clients, including client failures to appear and recommencement of proceedings, preliminary appointments in cases in which no charges are filed, appearances of retained counsel, withdrawals or transfers for any reason, or limited appearances for a specific purpose (not including representations of multiple cases on routine dockets). ii. Cases in the criminal or offender case type that do not involve filing of new criminal charges, including sentence violations, extraditions, representations of material witnesses, and other matters or representations of clients that do not involve new criminal charges. Noncomplex sentence violations should be weighted as at least 1/3 of a case. iii. Cases in specialty or therapeutic courts if the attorney is not responsible for defending the client against the underlying charges before or after the client's participation in the specialty or therapeutic court. However, case weighting must recognize that numerous hearings and extended monitoring of client cases in such courts significantly contribute to attorney workload and in many instances such cases may warrant allocation of full case weight or more. iv. Cases on a criminal or offender first appearance or arraignment docket where the attorney is designated, appointed, or contracted to represent groups of clients on that docket without an expectation of further or continuing representation and which are not resolved at that time (except by dismissal). In such circumstances, consideration should be given to adjusting the caseload limits appropriately, recognizing that case weighting must reflect that attorney workload includes the 18 time needed for appropriate client contact and preparation as well as the appearance time spent on such dockets. v. Representation of a person in a court of limited jurisdiction on a charge which, as a matter of regular practice in the court where the case is pending, can be and is resolved at an early stage of the proceeding by a diversion, reduction to an infraction, stipulation on continuance, or other alternative noncriminal disposition that does not involve a finding of guilt. Such cases should be weighted as at least 1/3 of a case. Standard 3.6 adopted effective October 1, 2012 19 Standard 14. Qualifications of Attorneys Standard 14.1. In order to assure that indigent accused receive the effective assistance of counsel to which they are constitutionally entitled, attorneys providing defense services shall meet the following minimum professional qualifications: A. Satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court; and B. Be familiar with the statutes, court rules, constitutional provisions, and case law relevant to their practice area; and C. Be familiar with the Washington Rules of Professional Conduct; and D. Be familiar with the Performance Guidelines for Criminal Defense Representation approved by the Washington State Bar Association; and E. Be familiar with the consequences of a conviction or adjudication, including possible immigration consequences and the possibility of civil commitment proceedings based on a criminal conviction; and F. Be familiar with mental health issues and be able to identify the need to obtain expert services; and G. Complete seven hours of continuing legal education within each calendar year in courses relating to their public defense practice. Standard 14.2. Attorneys' qualifications according to severity or type of case. K. Misdemeanor Cases. Each attorney representing a defendant involved in a matter concerning a simple misdemeanor or gross misdemeanor or condition of confinement, shall meet the requirements as outlined in Section 1. Standard 14.4. Legal Interns. A. Legal interns must meet the requirements set out in APR 9. B. Legal interns shall receive training pursuant to APR 9, and in offices of more than seven attorneys, an orientation and training program for new attorneys and legal interns should be held. zo This page intentionally left blank 21 INFORMATION TECHNOLOGY Mike Carrington, Director Information Technology ISI� T Phone: 253-856-4607 WASH IN oro x Fax: 253-856-4700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: January 6, 2015 TO: Operations Committee FROM: Sean Kelsey, Information Technology, Technical Services Manager SUBJECT: ePlus — Pure Storage Array Purchase - Authorize MOTION: Move to recommend the City Council authorize the Mayor to sign the Agreement and related documents for ePlus Technology, Inc. in the amount of $193,815, which includes all applicable taxes, for the purchase of the Pure FA-420-17TB Storage Array and 1 year Maintenance, subject to terms and conditions acceptable to the City Attorney and Information Technology Director. SUMMARY: This contract purchases a Pure Storage Array. The array provides the physical infrastructure necessary to replicate the City of Kent's virtual production servers and data (In the Primary Data Center at Station 74) to the backup data center (City Hall). It will allow IT to provide better business continuity for the City's primary application servers. EXHIBITS: Good and Service Agreement Budget Impact: IT Capital Budget funds are earmarked for this expenditure. e + 13595 Dulles Technology Drive 22 703-984-8400.703-984-8865 FAX Terms and Conditions of Purchase Agreement Date Customer Name(exact legal name) DBA Name Headquarters Address City State Zip Phone Number By signing below,the Officer or Principal of Customer agrees to the terms and conditions of this Terms and Conditions of Purchase Agreement. Date: Signed: Printed Name and Title of Officer or Principal: Terms and Conditions of Purchase t. By signing this Terms of Purchase("Agreement"),the customer agrees that absent a separate written agreement mutually executed by the parties,the terms and conditions will be incorporated in any contract for provision of product and/or service by ePlus. 2. Orders are not binding until accepted by ePlus. As order delivery times are estimates only, ePlus is not liable for any delays that are beyond its control. Approvals for order cancellations, suspensions or alterations are subject to manufacturer policies and guidelines and ePlus' ability, pursuant to those policies and guidelines, to cancel/suspend order(s) to its suppliers. Prior to the shipment of products, except for products that have been irreversibly configured or customized, Customer may cancel, suspend or alter all or a portion of an order. 3. Title to product is retained by ePlus until the product is paid for in full by the customer at which time title will pass to customer. Subject to full and final payment and except for any confidential or proprietary materials in which ePlus or its supplier(s)has a pre-existing intellectual property interest("Existing Materials"), any and all deliverables provided as a result of the performance of services (the"Work Product"), shall be deemed to be a"work for hire". To the extent that Existing Materials are incorporated in Work Products,ePlus grants to customer and its Affiliates a royalty-free, irrevocable, worldwide, non-exclusive, perpetual right to use, modify and prepare derivative works of such Existing Materials and to use and display such Existing Materials,with full rights to authorize others to do the same but subject to supplier restrictions and only to the extent required to utilize the Work Product in accordance with the ownership rights granted in this Agreement. Loss or damage that occurs during shipping by a carrier selected by ePlus shall be ePlus'sole responsibility; loss or damage that occurs during shipping by a carrier selected by customer shall be customer's sole responsibility. Customer should save the product and the original box/packaging and notify ePlus to arrange for a carrier inspection and a pickup of damaged products. Please notify your account executive of any damaged shipping containers WITHIN THE FIRST TWO (2) DAYS of receipt. Two(2)days is considered a reasonable period of time to conduct the visual inspection of the shipping container. Customer also shall notify ePlus of any order shortages or any concealed damages within seven (7)business days. These notification timeframes are necessary so that ePlus may assist customer on a timely basis in obtaining the benefit of any manufacturer warranties as well as filing any shipping claims with the carrier,as applicable. 4. Unless otherwise agreed to under separate contract, payment terms are net 30 from date of invoice. Customer shall bear applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes). Unless specified, prices do not include tax, shipping or handling. Tax exemption certificate must be supplied prior to shipment if they are to be honored. Late payment charge of 1.5 % per month, or the maximum amount allowed by law(whichever is less), will apply to any amount not received by the due date. In the event ePlus must resort to collection, Customer will be responsible for all collections costs, including legal fees. If the "Bill To" party is different from the "Ship To" party, the "Ship To" party is responsible for all payments and late charges if the "Bill To" party fails to make payment. Any communications concerning disputed debts, including any instrument tendered as full satisfaction of the disputed debt, are to be sent to the Office of General Counsel, ePlus Technology, inc., 13595 Dulles Technology Drive, Herndon,VA 20171. 5. Approvals for unused, unopened returns are subject to manufacturer return policies and guidelines. Such products must be complete and in manufacturer's original packaging, with no visible damage. ePlus will not be required to accept any return of sold products without an approved return merchandise authorization ("RMA") number, which may be obtained by contacting the customer's ePlus account executive. A RMA is valid for (10) days from the ePlus issuance date, unless other arrangements are made between the parties at the time of ePlus' RMA approval. The ePlus RMA number is to be clearly noted on a shipping label affixed to the outer shipping box and any items received into an ePlus return facility without an RMA number or after the elapsed time period will be sent back to the customer at the customer's expense, unless otherwise agreed to under separate contract. Except in the event of an ePlus or vendor error, customer will be responsible for shipping charges associated with any products being shipped for return, exchange or replacement. Returns must be made via an authorized carrier that allows the package to be tracked and customer must insure all returned products. At ePlus'discretion, restocking fees may be charged for items which do not qualify for return under this policy. Some manufacturers require that defective or Dead on Arrival (DOA) products be returned directly to them,or they may limit the timeframe in which products can be returned;therefore, products that are inoperable at initial use may be eligible for DOA return to or replacement by the manufacturer, subject to the manufacturer's product defective/DOA return policies. If the product is not returnable under manufacturer guidelines, ePlus will repair or replace the product through the manufacturer's warranty. Customer should contact its ePlus account executive for further details on the 03113 manufacturer warranties. ePlus technicians test products returned as DOA or defective. Products found not to be defective may be subject to return at the customer's expense. In any event,ePlus will work with its vendors to facilitate returns for the customei;3 6. ePlus or its supplier will pass through to customer any and all applicable hardware or software product warranties of the manufacturer,as ePlus does not provide warranties on products which it does not manufacture, whether with respect to its design, performance, specifications,functionality or compatibility with customer's system. No statement or affirmation by ePlus or its agents, by action or word, shall constitute a warranty and the customer is to rely solely on the manufacturers' warranties. ePlus will not be liable for any damage, loss, cost or expense for breach of warranty. As ePlus has no control over the manufacturing of the products sold herein, it cannot and does not indemnify customer for claims by third parties that products infringe any patent, copyright, trademark or trade secret. EPLUS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES INCLUDING,WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER, HOWEVER, DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. Customer agrees to abide by all product licensing provisions or end user agreements imposed by the manufacturer or publisher. Notwithstanding the above, in the event ePlus performs services hereunder, ePlus warrants and represents that such services will be done in a skillful and workmanlike manner according to those industry standards generally prevailing among consultants performing similar services under similar circumstances. 7. EPLUS' LIABILITY TO CUSTOMER WILL BE LIMITED TO DIRECT DAMAGES, WHICH WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO EPLUS FOR THE PRODUCT(S) OR SERVICE(S) INCLUDED IN THIS ORDER. IN NO EVENT SHALL EPLUS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AGREEMENT TO SELL PRODUCT TO CUSTOMER OR THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA OR FOR ANY DAMAGES OR SUMS PAID BY CUSTOMER TO THIRD PARTIES, EVEN IF EPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. 8. This Agreement authorizes ePlus to investigate all credit references and any other matters pertaining to the customer's financial responsibility. Customer grants ePlus a purchase money security interest in all equipment ePlus provides to customer hereunder, as permitted by law. Where customer indicates how to apply payment,each payment for each item of equipment shall be applied to that item of equipment only. Upon payment in full for any item of equipment and any interest applicable to it, ePlus' security interest in that item of equipment shall be released automatically. If customer does not indicate how to apply payment, ePlus reserves the right to apply payments to customer's balance at its discretion. Customer agrees that, upon execution of this Agreement, ePlus may file financing statements in such places as are necessary to perfect its security interest. 9. "Confidential Information" means these terms and conditions and any related documents delivered hereunder, together with all data, reports, compilations, pricing and evaluation of all or any portion of the transactions contemplated hereunder, except for information that (1) becomes publicly available other than through a breach of these terms and conditions; (2) is lawfully received by the receiving party from a third party without breach of these terms and conditions, provided that the receiving party is not obligated under separate agreement to hold such information in confidence; or (3) is independently developed by or for the receiving party without access to Confidential Information. To the extent allowed by law,the parties agree, for a period of three(3) years after the expiration or termination of these terms and conditions, to protect each other's Confidential Information from unauthorized disclosure to any third party. Confidential Information must be in writing or other tangible form, marked with an appropriate legend. If not in written or tangible form, it must be identified as confidential at the time of disclosure and summarized and delivered to the other party within a reasonable time following disclosure. % Customer agrees to comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority, and not to export or re-export the product(s) in violation of any such restrictions, laws or regulations, or without all necessary approvals. In addition to the other legal and regulatory compliance requirements, and not in limitation thereof, customer and ePlus represent and warrant that they are knowledgeable about and agree to comply with the economic and trade sanctions administered by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury, including all implementing Executive Orders and regulations,and will maintain compliance with such laws, Executive Orders and regulations. 11. These Terms and Conditions represent the complete and final agreement between the customer and ePlus for the matters set forth herein, and shall be supplemented or superseded only upon the mutual written consent of both parties. Terms contained in customer's purchase orders, offers to buy, terms and conditions, and the like shall have no effect. This Agreement shall be governed by the laws of the State of Washington and any dispute shall be decided in under the venue, rules,and jurisdiction of the Washington state courts. 03113 24 EXHIBIT A Price Quote 0T wAb"'WOTOH City of Kent December 1, 2014 zs �9HH � s A >•�y o 3 c a x 5•� � may, Rg� >< m coa`Dw mro " T y T T 44_ A c z ��g m ry a D � N n $ _ ? Z m o 1 < w 8_ co� w m R m s vt _' No No A m � O m p w w .. = m m A A o m a m p O ry ri Ir 0 0 8 Y O a a o H N a sg o �' gEgR I7 n 10 0 � Cfi�. ',00, �° ,Gid, �,`a• of � c O 0• ..{ O O r 9 Z�• A A w -�i �C O O nn K � 00 N � S � Z n O N V 9 V 4 O V 6 Z �,x o o ^o c dG o o $ A o O m o 26 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. i 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 27 EXHIBIT B (Continued) thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i za This page intentionally left blank 29 INFORMATION TECHNOLOGY Curt Ryser, Systems Manager Phone: (253) 856-4642 1 Fax: (253) 856-4735 KENTAddress: 220 Fourth Avenue S. W AR H ,N1�TO N Kent, WA 98032-5895 DATE: January 6, 2015 TO: Kent City Council Operations Committee FROM: Curt Ryser, IT Systems Manager SUBJECT: Purchase Order and Associated Documents for the acquisition of a Washington State SECTOR and Tiburon Records Management System interface - Authorize. MOTION: Move to recommend City Council authorize the Mayor to execute all related documents with Tiburon Inc., for the development of a SECTOR and Records Management System interface in an amount not to exceed $45,700 which includes all applicable Washington State taxes. SUMMARY: Currently, Kent Police Department staff are creating and submitting citations and collision information directly to Washington State agencies with the SECTOR system. In order to minimize staff workload and make the citation and collision information more directly available to department staff, Kent Police Department needs Tiburon Inc. to develop and interface that will allow the information to be directly imported into the department's record management system. The cost for developing and implementing the SECTOR/Tiburon interface is $45,700 and must be approved by the City Council. Staff seeks Council's approval of the contract and the Mayor's approval of a sole source purchase. BUDGET IMPACT: Funding for this project will be split between the Police and Information Technology Departments. The Police Department is providing the $22,850 from Traffic School fees and Information Technology is funding the remaining $22,850 from our capital budget supporting related Police Department servers and systems. ATTACHMENTS: Tiburon Inc. quote and scope of work for developing and implementing the interface. 1 30 CITY OF KENT LAW DEPARTMENT CIVIL DIVISION 220 41°Avenue South Kent, WA 98032 KENT Fax: 253-856-6770 PHONE: 253-856-5770 Memo To: Suzette Cooke, Mayor From: Curt Ryser, IT Systems Manager CC: Mike Carrington, IT Director Date: 11/29/14 Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1 For Development of an interface to import SECTOR citation and collision information into the Tiburon Records Management System The City's Information Technology and Police Departments are requesting you waive the procurement requirements set forth in Administrative Policy 1.1 for the purchase of a SECTOR import interface into the Tiburon RMS from Tiburon Inc., a California Company. Purchases may be waived by the mayor upon a finding that either the materials, supplies, equipment, or services are clearly and legitimately limited to a single source of supply within the near vicinity, or that the materials, supplies, equipment, or services are subject to special market conditions, involve special facilities or services, or that a bid or the bidding requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest under the circumstances, in which instances the purchase may be best established by direct negotiation. Tiburon Inc., has agreed to develop an interface that will allow the city to import citation and collision data from the Washington State SECTOR system into the Police Department's record management system. The cost to develop the interface is $45,700. Additionally, the SECTOR interface would be developed from a company headquartered in California as opposed to a local Kent company. As the Tiburon Records Management System is a proprietary system owned by Tiburon Inc,. they are the only company that can develop the interface for the city. If you approve of this waiver under City of Kent Administrative Policy 1.1, the Police Department requests that you indicate your approval by signing below. CITY OF KENT Suzette Cooke, Mayor Date: KEN31 GOODS & SERVICES AGREEMENT between the City of Kent and Tiburon Incorporated THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tiburon Incorporated organized under the laws of the State of California, located and doing business at 3000 Executive Parkway, Suite 500, San Ramon, CA 94583 (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: Tiburon Inc. will provide the scope of work and services as identified in Exhibit A - Enhancement Proposal Letter and the attached Exhibit 1-A - Statement of Work. 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 December 31, 2015, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed The fixed price for the work to be completed is $45,700, 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: 50% of the total cost is to be invoiced and payed upon acceptance of the enhancment proposal. 50% of the total cost is to be paid upon the interface being placed into production. (There will be an additional $4,788 added to the annual software and maintenance agreement effective when the completed interface is placed into production that will be paid from the Information Technology annual software/hardware maintenance line item that is approved during the budget process.) If the City objec°s to all or any portion of an ;nvoice, it shall notify Vendor and reserves the optiun to only pay '_hat portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settla the disputed portion. GOODS F- SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) 32 A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. Vendor will re-perform any work that is defective or replace any used or unauthorized goods and/or materials. 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. 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. Any and all changes to the scope of terms of the work contemplated in this Agreement must be documented in a written change order agreed to by both parties, and both parties will work in good faith to incorporate the changes with the least impact to project cost and time for completion. The Vendor accepts all recuirements of an amendment by: (1) endorsing it or (2) writing a separate accep-ance. An amendment that is accepted by Vendor as provided in tlJs section along with receipt of all agreemem related payments shall conststute full payment and final settlement of all claims for contract time and for direct, indirect and GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) 33 consequential costs, including cosrs for 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 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. Vendo-'s Duty to Complete Protested Work. In spice 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). GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) 34 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. WARRANTY. This Agreement is subject to all warranty provisions established under the annual Master Support Agreement renewed each year with the City's annual maintenance and support. IX. 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. X. 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. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XI. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XI1. WORK PERFORMED AT VENDOR'S F_ISK. Vendoi shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, includinO WSST) 35 ;n 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, 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. However, Vendor may assign, or otherwise transfer, this Agreement without the prior written consent of the City to a successor of all or substantially all of Vendor's business in connection with a sale or acquisition. 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 Ci�y, 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 '30ODS & SERVI;_ES AGREEMENT - S (Over$10,000,00, including WSST) 36 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreeme it shall prevail. H. Compliance with Laws. The Vendor agrees to comply with a!I 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. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 1. 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. K. Limit on Liability. In no event shall either party be liable for any damages resulting from loss of profit or business, or for any special, indirect, punitive, incidental or consequential damages, whether arising in an action of contract, tort or other legal theory and regardless of whether such party knew or should have known of the possibility of such damages. The laws in some states do not allow the exclusion or limitation of incidental or consequential damages, and the above limitation or exclusion shall be construed so as to give it the maximum practical effect without violating such laws. If a court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limits on Tiburon's liability set out in this agreement shall apply to the fullest extent permitted by law. Tiburon's liability for any claim arising specifically from the enhancement work described in this Agreement, whether in tort, contract or otherwise, shall be limited to $100,000 which is around 2 times the amount paid to Tiburon under this agreement with applicable taxes. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: (signature) (signature) Print Name: Sc®t, t'lw, /I Print Name: Suzette Cooke Its r�1 a •✓ Its Mayor al le) DATE: IZ o i4 DATE:_ NOTICES TO BE SENT TO: NOTICES 1-0 BE SENT TO: VENDOR: CITY OF KENT: Scott Carroll Curt Ryser I iburon Incorporated City of Ken[ '000 Executive Oarkway, Suite 500 220 Fourth Avenue South San Ramon, CA 94583 Kent, WA C8032 GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSS ) 37 (800) 428-553,' (telephone) (253) 856-4642 (telephone) (925) 621-2799 (facsimile) (253) 856-4735 (facsimile) APPROVED AS TO FORM: Kent Law Department GOODS & SERVICES AGREEMENT - 7 ('Over$10,000.Oo, including WSS r) 38 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. By: w _.._._.. For: i'b v ®m Title: Kl✓Arw}, Zdw"AeAel Date: +z- x-� a.ei j LEO COMPLIANC[- DOCUMENTS - _ of 3 39 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 -� of 3 40 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. By: For: Title: Date: Jlz� EFO COMPLIANCE DOCUMENTS - 5 of 3 41 Exhibit A - Enhancement Proposal Letter and Scope of Work November 8,2013 Mr. Curt Ryser City of Kent 220 Fourth Ave.,South Kent, W A 98032-5895 Subject: Enhancement Proposal(EP)-2354 Citation and Collision Data Upload Reference: Master Support Agreement between the City of Kent and Tiburon dated September 9,2005 Dear Mr. Ryser, Tiburon,Inc. is pleased to present the City of Kent(hereinafter, "Client")with this Enhancement Proposal for Citation and Collision Data Upload(hereinafter,referred to as the"Proposal"). Scope Description and Responsibilities The attached Exhibit I,Statement of Work("SOW")describes the project tasks,responsibilities of each party and defined completion criteria. Price Description 1)Firm fixed price: $41,724 2) Upon achievement of the completion criteria set forth in the SOW the Tiburon Annual Maintenance Fee will increase by$4,788.This additional maintenance fee will be prorated and added to the following year's annual maintenance renewal. 3)This Proposal does not include: • Warranty • Documentation • Hardware or third party products or services • Travel and on-site time 4) Any taxes levied by a government agency.Taxes, if applicable are the sole responsibility of the Client. Effective Date and Payment Schedule I) The work described herein will be scheduled to commence at a naturally agreeable date after Client's acceptance of this Proposal. Tiburon,Inc.,000lExecutive I'arkwev,Suite 500,San Raox.n,CA 94583 t:925-621-2700 f:925-621-279', Exhibit A - Enhancement Proposal Letter and Scope of Worl, - 1 of 4 42 City of Kent EP-2354:Citation and Collision Data Upload Page 2 of 3 2) Payment Schedule: • 50% Upon Tiburon receipt of the signed acceptance of this Proposal. • 50% Upon achievement of the completion criteria set forth in the SOW. Note:No scheduling of resources will occur until after the first payment milestone is paid.This Proposal may be cancelled at Tiburon's discretion upon written notice to Client if the first payment milestone is not paid when due. 3) Client's acceptance of this Proposal in the signature block provided below authorizes Tiburon to proceed with the work described herein and confirms funding will be obligated.Any requisite contractual documents required by Client's purchasing procedures are the responsibility of the Client. 4) The terms and conditions of the above referenced Agreement,and this Proposal prevail regardless of any conflicting or additional terns and conditions on any Purchase Order or other correspondence. Any contingencies or additional terms obtained on any Purchase Order are not binding upon Tiburon. All Purchase Orders are subject to approval and acceptance by Tiburon. This fixed price Proposal is valid through January 31,2015. Initials: Tiburon .Ic Kent Upon review and acceptance of this Proposal,please have a duly authorized person sign below and return the signed copy of the Proposal to Judy Basnett by email at: Judy.Basnett(i4tiburonine.com m fax 510- 217-6466. If you have any questions or require further information,please contact Judy Basnett at 650- 245-6702,at your convenience. Siinceyr�-ely, ' Vincent Tedesco SVP,Operations Attachment: Exhibit 1 -Statement of Work By this signature,Client accepts this Proposal: Signature Date Printed Name/Title Tiburon,Inc 3000 Executive P irkway,Suite 500,San Ramon,CA 44583 t 925-621-2700 f:925-621-2799 Exhibit A . Enhancement Proposal Letter and Scope of Worl - 2 of 4 43 City of Kent EP-2354:Citation and Collision Data Upload Page 3 of 3 Exhibit A-1 - Statement of Work Scope Description Remotelv.Tiburon will modify Client's Tiburon system to enable a batch Citation and Collision Import to read flat ASCII fixed-len¢th formatted files of a Tiburon defined layout from a shared directory and load them into the Tiburon Law RECORDS Citation and Collision modules using the standard processing. Tiburon will also provide a new batch application to reach raw traffic accident data and load it into the LawRECORDS Incident module Accident tabs.Available data will be mapped to existing data elements in both cases. Tiburon will customize Client's Traffic Management module and all other areas in the system(ARS, Incident, Warrant and Alpha)to support a free form citation number.This requires the Citation Issue Book Tracking feature to be disabled as there is no set logic to find the unedited citation number in an unedited citation range. Tiburon will customize the Law RECORDS Traffic Collision module with the following changes: I) On the Traffic Collision tab,make the Violation(s)and Prop Damaged?fields non mandatory 2) When doing new data entry from the Collision application on the menu,on the Incident tab,set the Crimellncident field(aka Nature of Call or Incident Type field) to default to the"Collision(N)" value 3) When doing new data entry from the Collision application on the menu,on the Vehicle tab,set the Involvement field to default to the"ACe"value Tiburon Responsibilities I) Modify the application per the Scope Description. 2) Install the modified code in Client's test environment. 3) Upon Client's testing,correct any discrepancies in operation based on the Scope Description. 4) Install the modified code in Client's production environment. Client Responsibilities I) Designate a person to be the principal point of contact for all technical questions and administrative arrangements relating to this Proposal. 2) Provide VPN access to Tiburon. Tiburon,Inc. 3000 Executive Parkway,Suite 500,San Ramon,CA 94583 t:925-621-2700 f.925-621-2799 Exhibit A - Enhancement Proposal Letter and Scope of Work - 3 of 4 44 City of Kent EP-2354: Citation and Collision Data Upload Page 4 of 3 3) As required,coordinate the participation of non-Tiburon provided third parties and outside agencies. 4) Complete testing of the modified code within ten(10)business days from receipt of Tiburon's notification the code is ready for testing to ensure conformance with the Scope Description. Completion Criteria This work will be considered complete ten(10)business days after Tiburon has provided the Client with written notification that the modified code is readv for testing in the test system,or has been placed into production,whichever comes first. If Client does not confirm completion with a sign off letter presented by the Tiburon Dmiect manager within ten(10)business days of submittal of such letter.or otherwise notifies Tiburon in writing why completion sign-off has not been provided anv final invoice(s)will be issued and will be payable in accordance with the payment terms of this Proposal. Tiburon, Inc. 3000 Executive Parkway,Suite 500,San Ramon,CA 94583 t:925-621-2700 f 925-621-2799 Exhibit A — Enhancement Proposal Letter and Scope of Wo!k - 4 of 4 45 EXHIBIT B INSURANCE REQUIREMENTS FOR GOODS & SERVICE 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. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 1. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Professional Liability insurance appropriate to the Consultant's profession. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Exhibit B - Insurance Requirements - 1 of 5 46 EXHIBIT B (Continued ) 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. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Exhibit B - Insurance Requirements - 2 of 5 47 �Q CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDDAPYD avtuzol4 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(hor)must be OndomeU If SUBROGATION IS WAIVED,subject to the te...nd Conditions of the Policy,certain go holes may require an endorsement.A statement on Ibis certificate does not confer right.to the certificate holder in lieu of such endorsement(s). PRODUCER WNTACT ABU Risk Insurance SerVi Ces West, TOO. E' 9 LDS Anggeles CA office fanco.Na.Ed): fe66) 283-J122 No No I. 800-363-DIDS O 707 wi,shire Soule vard E-MAIL Suite 2600 ADDRESS: S LOS Angeles CA 90017-0460 USA INSURER{S}AFfORUING COVERAGE NAILN INSURED INSURERA: Pacific Indemnity CO 20346 00 Inc. NSURER B: Federal insurance company 20281 3 000 EXe Executiti ve Parkway, Suite 500 San Ramon CA 94583 USA WsuRas c: Continental casualty Company 20443 INSVRER D: INSURER E: Nso RE F: COVERAGES CERTIFICATE NUMBER:570055110921 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 REQUIREMEN I,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 i HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limitsshown are as requested LTR TYPGoFINSUR•NCE as,ADD 0 POLICY NUMBER UNIT. % COMMERCIPL GENERAL LIPH0.ITY EACHOCCURRENCE %1,000'000 CLAIMS-M0.0E �X OCCUR PREMISES Eeom,mnce 51�000,000 uEDEXPLAnymepe,wnl $10,000 PERSONAL&ADY INJURY 51,000,000 GEN'LAGGREGATBUTATAPPLIESPER: GENERAL AGGREGATE 32,000,00D POLICY �JE0. OLOC PRODUCTS-COMPfOP RAG S2,000,ODO OTH[R: O B AUTOORMILE LIABILITY 73S5-87-Z9 09{01/201409/01/201S CGMBINEDSINGIE LIMIT an $1,000,000 x ANY AUTO BOmLY INJunvl rerpersonl Z ALL OWNED SCHEDULED BOOILYINAmp umauMean AUTO. Annis NICK THOPED PROPERTY OAMAGE BeIiIRE0AUT0. AUTOS IPmmmIdMR es �L O O x UaeNeLIALIFB z OCCUR L40304576$1 09/01A014 09101(2015 EAcn occuRRExcE 330,000,000 O mcns LIAR CLAIMS-MCDE APPLEGATE $10,000,000 DEDI RETENTION A WORKERS COMPENSATION AND 71739117 4 1 15 x PER OM EMPLOYER.'LIABUTY ANYPROPNETORIPARTNERIEREDIJI YIN EL.EACH ACCIDENT $1.000,000 (YPICFRIMEMREAE%LLUns., N N)q IMandaisyln HE FI_INGEASEEAEMPLOYEE $1,000,000 N yas,tl OMEA mider DESCRIPTION OF OPERATIONS Im— E.L.DISEASE POLICY LIMIT S1,000,000— alw` FG DESCRIPTION OFOPERATIONS ILOCATIONa VEHICLES(ACORD tOi,AtldlPonal RamarR ecM1edub,maybe eHacM1etlNmore epau Is rapbketll City Of Kent, its officers, its officials, employees, agents and volunteers are named as additional insured for general :J liability, but only with respects to liability arising out of the operations Of the insured, as required by written contract. IL— Woe CERTIFICATE HOLDER CANCELLATION u SHOULD ANY OF THE ABOVE DE.CWBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERE ,�NOTICE MILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRMBIONS. - L City Of Kent AVTNOn12E0 0.EPRESENTATNE n- Attn: Sian Waldrop ("�� Ken (f E 4th Avenue South > a.l71d46fatla Jeefro�f W—F. Kent WA 98032 USA @19884014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Exhibit B - Insurance Requirements - 3 of 5 48 AC6® CERTIFICATE OF PROPERTY INSURANCE °DO/=22014 ' 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. if this certificate is being preP OGGI fora parry who has an Insurable Interest in the property,do not use this form. Use ACORD 2T or ACORD 28. SUPOORS oNTACT Ann Risk Insurance servi Ees West, lRC. - LOS Anggeles CA Offi Ce (Meal, (866) 283-7122 c.°,P1_800-363-0305 202 wi ACTORS Boulevard nvGET s Suite 2600 PRODUCER 510000051058 LOS Angeles CA 90017-0460 USA cusTot to S INSURERSAFEORDINGCOVERAGE NAIC# MSUREO MSURERA', Federal SDSU ran Ce CORpeTO, 2W81 SO T1b.,on, SNC. INSURERS: p 3000 Executive Parkway, suite 500 1 URMT. D7 Sdn RATION CA 94563 USA INSORER O: INSURERS NGUNER F. COVERAGES � 570055110849 E LOCATION OF PRESUMES,C.NRNPTION OF PROPPR,NaPUK ACOR0111,AtltllllanuU AROP.InEv ul411 so IF—IN.1H 1 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 m CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, d' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. o INSR TYPE OF INSURANCE POLICY NUM8ER POLICYEFFECTWE POLICY EXPINATION COVERED PROPERTY LIMITS Ili, LTR DATE IMMODrYYYY) ATE(M=OA'YYY7 A % PROPERTY 35911023 O9(O1)2m9 DU0.12CISBUILDING O CAUSEB Of tAS3 DEDUCTIBLES PERSONAL PROPERTY BUSI EBS IhYgTAE � BASIC BUILDING Mo 61,e Eryenze ap SUGAR CONTENTS E%1RAEOPENSE W 6l RENTAL VALUE SRI.. z BLANKET BIXLDINO G EARTHQUAKE GO x ELAMEETPERSPROP 91.Cea.. WIND UG MLANXET BLDG K PP FLOOD N. x AUJUSKUPAMUExdammz X BMPPDed 510,000 U % INLAND MARINE TYPEOFPOLICY X SO.dWd Egoi'N SPST.5eG o ntratOn-A ON, CAUSES OF LOSS POLICY NUMBER % 6Meduln0 EgWrynenl 510000 A NAMED PERILS 359llD23 091OV2014 09/01f835 1 X Wl Risk CRIME TYPE OF POLICY 0 BOILER 8 MACHINERY I EOVIPMENI BREAK.G. _ 4D Y' yLa' SPECIAL CONDITIONS 1 OTHER COVERAGES(Reach WORO101,Addifinul Remorb SuIssule,it mom zpaw is NOtIn) N =P CERTIFICATE HOLDER CANCELLATION SHOULD ARM OF THE ABOVE DESCRIBED POLICIES BE CANCELLE° BEFORE THE EXPIRATION MATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WON THE yy� POLIGYPRONTSIONS. City Of Kent _ Attn: Stan WRIMOp220 pU{HnIll2EDREPRE6EMtPTNE i� Kent4th wA 98032EUsputh It � � � f Bi ®1995.2000 ACORD CORPORATION.All rights reserved. ACORD 24(2009f09) The ACORD name and logo are registered marks of ACORD Exhibit B -- Insurance Requirements - 4 of 5 49 AGENCY CUSTOMER ID: 570000051058 LOC#: ADDITIONAL REMARKS SCHEDULE page _ of .. AGENCY NAMEDINSURED AGO Risk Insurance Services West, Inc. Tiburon, Inc. POUCYNUMBER see See Certificate Number: 570055110848 CARRIER NMC CDDE see Certificate Number: 570055110849 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORMNUMBER: ACORD24 FORMTITLE; Certificate of Property Insurance INSURERS)AFFORDING COVERAGE NAIC ff M9UliER INSURER INSURER INSURER If a policy below does not include limit information,refer to the conespanding policy on the ACORD ADDITIONAL POLICIES Certificate form for policy Routs. MR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT,, POLICY EXPIRATION COVERED PROPERTY LIMITS LZR DATE[➢1hDDDN'VVVj DATE(m,1NUDD Y Y INLAND MARINE A Installtn Flotr 35911023 09/01/2014 09/01/2015 Installation $2,000,000 ACORO 101(2008101) 02008 ADDED CORPORATION.All rights reserved. The ACORD name and logo are regiv ered marks of ACORD Exhibit B - Insurance Requirements - 5 of 5