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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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City of Kent
December 1, 2014
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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
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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