Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutAG 13-234l3 -23'1 C ( � CERTIFICATE OF LIABILITY INSURANCE DATE 2 /2 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CS &S /HUB INTNL NORTHWEST LLC PO BOX 946580 Maitland, FL 32794 -6580 1- 866 - 816 -9592 CONTACT NAME: PHONE (A/C, No, Ext): FAX (A/C, No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A' National Fire Insurance of Hartford 20478 INSURED SOUND LAW CENTER 4500 9TH AVE NE SUITE 300 INSURER B: INSURER C: INSURER D. INSURER E: INSURER F: SEATTLE, WA 98105 COVERAGES CERTIFICATE NUMBER: 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. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM /DD/YY) POLICY EXP (MM /DD/YY) LIMITS A X COMMERCIAL GENERA L LIABILITY Y 5094976328 02/01/18 02/01/19 EACH OCCURRENCE $ 2,000,000 DAMAGE T PREMSESO (Ea Eoccureence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 $ 4,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES JOECT \ PER: LOC PRODUCTS - COMP /OP AGG OTHER: A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY \/ /\ SCHEDULED AUTOS NON -OWNED AUTOS ONLY 5094976328 02/01/18 02/01/19 COMBINED SINGLE LIMIT (Fa (Ea accident) 1,000,000 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A PER STATUTE OTH- ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER PER STATUTE OTH- ER E . EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Acord 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is added as an additional insured as provided in the blanket additional insured endorsement as it pertains to work being performed by the named insured under written contract. CERTIFICATE HOLDER CANCELLATION The City of Federal Way 33325 8th Ave S Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V.) rn Q(LA_,r.a/i t ACORD 25 (2016/03) O 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD RETURN TO: Jennifer Marshall EXT: 2542 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CITY CLERK'S OFFICE 2. ORIGINATING STAFF PERSON: STEPHANIE COURTNEY, CMC 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE • CONTRACT AMENDMENT (AG #): 13 -234 A ❑ OTHER EXT: 2540 3. DATE REQ. BY: 12/01/2017 G., RFB, RFP; RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: PRO TEMPORE HEARING EXAMINER SERVICES 6. NAME OF CONTRACTOR: SOUND LAW CENTER, LLC ADDRESS: 4500 NINTH AVE NE, STE 300 SEATTLE, WA 98105 E -MAIL: TPH @SOUNDLAWCENTER.COM SIGNATURE NAME: TED HUNTER TELEPHONE: 206 628 -0700 . FAX: N/A . TITLE: MANAGING PARTNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01/01/2018 COMPLETION DATE: 12/31/2019 9. TOTAL COMPENSATION NOT TO EXCEED $4,000.00 (PER ORIGINAL CONTRACT EXHIBIT B) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED • PURCHASING: PLEASE CHARGE TO: 001- 1200 - 044 - 514 -30 -410 10. DOCUMENT /CONTRACT REVIEW INITIAL /DATE REVIEWED INITIAL /DATE APPROVED ❑ PROJECT MANAGER • DIRECTOR/CITY CLERK 1‘114 I/ ❑ RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 2.o1T COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL DATE: 11/19/2013 . 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: I2-1 014 (I V1 DATE REC'D: 1/101 111 • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 in(,. • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED Zop.. Zdi} • LAW DEPARTME • SIGNATORY • CITY CLERK • ASSIGNED AG# • SIGNED COPY RETURNED DIRECTOR) corm S: AG# DATE SENT: 2/2017 446- CITY F O Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 w ww.cityoffederaiwaycorn AMENDMENT NO. 2 TO PROFESSIONAL SERVICE AGREEMENT FOR PRO TEMPORE HEARING EXAMINER SERVICES This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Sound Law Center, LLC, a Washington limited liability company, ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Hearing Examiner Services ( "Agreement ") dated effective January 1, 2014, as amended by Amendment No. 1, and as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2019 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 - Rev. 3/2017 CITY CIF -�% Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www afyoffederalway.. con; IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Bv: .1. Ferr- 1, Mayor DATE: 7?,, / SOUND LAW CENTER, LLC Printed Name: Title: 1M•ika . 0tvie. , DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF j�, On this day personally appeared before me 7 d / h T�" V , to me known to be the /71Ct✓1Cic Iw A }nea ATTEST: Al. ' Stephanie Courtney IP APPROVED AS TO FORM: MC, City Clerk J. Ryan Call, City Attorney TERESA J SPARLING NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 24, 2021 of ' c1 L 0+,J Co. >�Pr t t. C that executed the foregoing instrum4nt' and ackno edged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this - day of i✓-a7•'1 l , 20j2 Notary's signature c. i .� Notary's printed name e rte- ci J ?' c/ 1%+� Notary Public in and for he State of Washington. My commission expires AMENDMENT 2 Rev. 3/2017 o A ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 12/19/2017 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CS &S /HUB INTNL NORTHWEST LLC PO BOX 958489 LAKE MARY, FL 32746 -8989 Phone - 866- 816 -9592 Fax - 877 - 763 -5122 CONTACT NAME: PHONE FAX E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED SOUND LAW CENTER 4500 9TH AVE NE SUITE 300 SEATTLE, WA 98105 INSURER B : Y INSURERC: 5094976328 INSURER D: 02/01/2018 INSURERE: $ 2,000,000 INSURER F : CLAIMS -MADE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM /DD/YYYY) LIMITS A X COMMERCIAL GENERAL X LIABILITY OCCUR Y N 5094976328 02/01/2017 02/01/2018 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY 00,000 $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO 1 POLICY I I JECT - %Q LOC OTHER GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY \/ /\ SCHEDULED AUTOS NON -OWNED AUTOS ONLY N N 5094976328 02/01/2017 02/01/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I 'RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y/N OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Stop Gap Liability 5094976328 02/01/2017 02/01/2018 Bodily Injury by Accident - Each Accident Bodily Injury by Disease - Each Employee Bodily Injury by Disease - Aggregate $1,000,000 $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space is required) Certificate holder is added as an additional insured as provided in the blanket additional insured endorsement as it pertains to work being performed by the named insured under written contract. CERTIFICATE HOLDER CANCELLATION The City of Federal Way 33325 8th Ave S Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA SB- 146932 -E20 (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or g. h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: SB- 146932 -E20 Page 1 of 5 (Ed. 06/11) CNA a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard" unless required by the written contract or written agreement. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. (3) b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or SB- 146932 -E20 (Ed. 06/11) SB- 146932 -E20 (Ed. 06/11) (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners /Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that Page 2 of 5 CNA g. specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products- completed operations hazard." 3. The following is added to Paragraph H. of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Other Insurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless SB- 146932 -E20 (Ed. 06/11) SB- 146932 -E20 (Ed. 06/11) a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. Page3of5 CNA A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D — Liability and Medical Expenses Limits of Insurance. Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such SB- 146932 -E20 (Ed. 06/11) SB- 146932 -E20 (Ed. 06/11) "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. (3) (5) 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of Page 4 of 5 CNA employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: (15)Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. SB- 146932 -E20 (Ed. 06/11) SB- 146932 -E20 (Ed. 06/11) c. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re- defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. Page 5 of 5 11 RETURN TO: STEPHANIE COURTNEY EXT: 2540 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: LAW /CITY CLERK 2. ORIGINATING STAFF PERSON: STEPHANIE COURTNEY, CITY CLERK 4. TYPE OF DOCUMENT (CHECK ONE): D CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE X CONTRACT AMENDMENT (AG #): 13 -234 ❑ OTHER EXT: 2540 3. DATE REQ. BY: 12/31/2015 G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: PRO TEMPORE HEARING EXAMINER SERVICES 6. NAME OF CONTRACTOR: SOUND LAw CENTER, LLC ADDRESS: 4500 NINTH AVE NE SUITE 300 SEATTLE WA 98105 E -MAIL: TPH@SOUNDLAWCENTER.COM SIGNATURE NAME: TED HUNTER TELEPHONE 206 628 -0700 FAX: TITLE: MANAGING PARTNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01/01/2016 COMPLETION DATE: 12/31/2017 9. TOTAL COMPENSATION $ PER FEE SCHEDULE (NOT TO EXCEED $4,000.00) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ X PURCHASING: PLEASE CHARGE TO: 001- 1200 - 044 - 514 -30 -410 PAID BY: ❑ CONTRACTOR ❑ CITY 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) tit LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 5aG ►i-11% COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL DATE: 11/19/2013 12. CONTRACT SIGNATURE ROUTING b,t)tC SENT TO VENDOR/CONTRACTOR DATE SENT: t 109 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ® LAW DEPARTMENT OGCHIEF OF STAFF (1( SIGNATOR • CITY CLERK Py ASSIGNED AG# ❑ SIGNED COPY RETURNED dar Pat R DIRECTOR) COMMENTS: INITIAL / DAT SIGNED c. \ _ 111 k. 'ArAD'F um AG. /3-231 DATE SENT: /? - - /S ttl 9)v)(9/ott-c 11/9 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENT FOR PRO TEMPORE HEARING EXAMINER SERVICES This Amendment ( "Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Sound Law Center, LLC, ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Hearing Examiner Services ( "Agreement ") dated effective January 1, 2014, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2017 ( "Amended Term "). 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. AMENDMENT [Signature page follows] - 1 - AG #13 -234 44k Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cltyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jima ell, Mayor DATE: /0 / SOUND LAW CENTER, LLC By: Ted Hunter, Managing Partner DATE: O D t) , Z- 0) 20 t Sr STATE OF WASHINGTON ) ) ss. COUNTY OF k 'i.t) ) ATTEST: rk, Stephanie Courtn MC APPROVED AS TO FORM: Cik 5( City Attorney, Amy Jo Pearsall On this day personally appeared before me Ted Hunter , to me known/proven to be the Managing Partner of Sound Law Center, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this a0 day of /Ut i2-e7 , 20 /5` L KYNotary Public State of Washington TERESA J SPARLING COMMISSION EXPIRES SEPTEMBER 24, 2017 AMENDMENT Notary's signature Notary's printed name �� s .5;7 ez 41 Notary Public in and for the State of Washington. My commission expires , {� ,b - OL1 .2°17 - 2 - AG #13 -234 RETURN TO: Carol McNeilly, City Clerk EXT: 2540 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: Law /City Clerk 2. ORIGINATING STAFF PERSON: Carol McNeillV, City Clerk EXT: 2541 3. DATE REQ. BY: 12 -27 -2013 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ®PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME: Pro Tempore Hearing Examiner Services 6. NAME OF CONTRACTOR: Sound Law Center, LLC ADDRESS: 4500 Ninth Avenue NE, Suite 300 _TELEPHONE 206- 628 -0700 E -MAIL: tph@soundlawcenter.com FAX: SIGNATURE NAME: Ted Hunter TITLE Managing Partner 7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES ® COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 01 -01 -2014 COMPLETION DATE: 12 -31 -2015 9. TOTAL COMPENSATION $ See Fee Schedule L4 Cm-09 ' (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 0 PURCHASING: PLEASE CHARGE TO: 001 -1200- 044 - 514 -30 -410 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ® PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) Z LAW L Z - 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: NIA COUNCIL APPROVAL DATE: 11-19-2013 12. CONTRACT SIGNATURE ROUTING Ej SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED LAW DEPARTMENT . SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK 2 - ASSIGNED AG# AG# j-," 2 Z SIGNED COPY RETURNED DATE SENT: COMMENTS: 11/9 city of '' Federal Way CITY OF FEDERAL WAY 33325 Eighth Avenue Scufh • Fedeial Way, WA 980003 , 2 - 253-835-7000 - w\Nw,cifyoffecieralw(jy.c(,f-ri PROFESSIONAL SERVICES AGREEMENT FOR PRO TEMPORE HEARING EXAMINER SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Sound Law Center, LLC ("Pro Tempore Hearing Examiner"). The City and Pro Tempore Hearing Examiner (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Sound Law Center, LLC 4500 Ninth Avenue NE, Suite 300 Seattle, WA 98105 (206) 628-0700 (telephone) tph(@soundlawcenter.com. The Parties agree as follows: Carol McNeilly, City Clerk 333258 "' Ave. S. Federal Way, WA 98003-6325 (253) 835-2540 (telephone) (253) 835-2509 (facsimile) Carol.meneilly@ciiyoffederalwgy.com 1. TERM. The term of this Agreement shall commence January 1, 2014 (the effective date of this Agreement) and shall continue through December 31, 2015 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Pro Tempore Hearing Examiner. 2. SERVICES. The Pro Tempore Hearing Examiner shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Pro Tempore Hearing Examiner warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Pro Tempore Hearing Examiner of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's -knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Pro Tempore Hearing Examiner fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Pro Tempore Hearing Examiner an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Pro Tempore Hearing Examiner agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Pro Tempore Hearing Examiner shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Pro Tempore Hearing Examiner shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the PROFESSIONAL SERVICES AGREEMENT " 1- 9/2012 CITY Of CITY OF FEDERAL WAY Federal Way 33'1 i c; h i h A v 0 r ! u 01 S outh • Fedetol VNIoy, WA 980103 S,31_ %100 + www.c ",./c)ffed-,,-alw()Y.(.--otii personnel performing such Services, and any 110LIrly labor charge rate for such personnel. The Pro Tempore Hearing Examiner shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Pro Tempore Hearing Examiner will correct or modify the work to comply with the Agreement. The City may withhold payment for SUCII work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If Sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION-. 5.1i Pro Tempore Hearing Examiner Indemnification. The Pro Tempore Hearing Examiner agrees to release, indemnify, defend, and hold the City, its - elected officials, I cials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting frorn, or in connection with this Agreement or the acts, errors or omissions of the Pro Tempore Hearing Examiner in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Pro Tempore Hearing Examiner and the City, the Pro Tempore Hearing Examiner's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Pro Tempore Hearing Examiner's negligence. Pro Tempore Hearing Examiner shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Pro Tempore Hearing Examiner pursuant to this paragraph. The City's inspection or acceptance of any of Pro Tempore Hearing Examiner's work when completed shall not be growids to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Pro Tempore Hearing Examiner waives any immunity that maybe granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification, Pro Tempore Hearing Examiners indemnificationshall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' comperisation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Pro Tempore Hearing Examiner, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all < persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 ' Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Pro Tempore Hearing Examiner agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Pro Tempore Hearing Examiner, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2012 CITY of CITY OF FEDERAL WAY 11 3332` Eiahth Avenue SO(A � • Federal Way, WA 980 )3 Federal 2').. £33.5 / 00 n��v,at c�� euE�rc7;w;ay,ca�rn 6.1. Minimum Limits. The Pro Tempore Hearing Examiner agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with' a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including, personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Pro Tempore Hearing Examiner. 6.2. No Limit of Liability. Pro Tempore Hearing Examiner's maintenance of insurance as required by the agreement, shall not be construed to limit the liability of the Pro Tempore Hearing Examiner to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Pro Tempore Hearing Examiner'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 Pro Tempore Hearing Examiner's insurance and shall not contribute with it. 6.3. Additional Insured, Verification, The City shall be named as additional insured on all commercial' general liability insurance policies. Concurrent with the execution of this Agreement, Pro Tempore Hearing Examiner shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Pro Tempore Hearing Examiner shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Pro Tempore Hearing, Examiner's insurance policies are "claims made," Pro Tempore Hearing Examiner shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival'.' The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Pro Tempore Hearing Examiner in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Pro Tempore Hearing Examiner may be grounds for immediate termination. All records submitted by the City to the Pro Tempore Hearing Examiner will be safeguarded by the Pro Tempore Hearing Examiner. The Pro Tempore Hearing Examiner will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Pro Tempore Hearing Examiner while performing the Work shall belong to the City upon delivery. The Pro Tempore Hearing Examiner shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Pro Tempore Hearing Examiner shall be delivered to the City. 9. BOOKS AND RECORDS. The Pro Tempore Hearing Examiner agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT -3 - 9/2012 X11-'" Of CITY OF FEDERAL WAY Federal Wa,&,r 33325 Eight h Avenue South • Federal Way, WA 98003 21,3 8. 5 ?000 * www,cityoffederalwciy.com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Pro Tempore Hearing Examiner shall be an independent contractor and that the Pro Tempore Hearing Examiner 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. The City shall be neither liable nor obligated to pay Pro Tempore Hearing Examiner sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Pro Tempore Hearing Examiner shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Pro Tempore Hearing Examiner's own risk, and Pro Tempore Hearing Examiner 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. The Pro Tempore Hearing Examiner shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Pro Tempore .Hearing Examiner, shall not be deemed to convert this Agreement to an employment contract. If the Pro Tempore Hearing Examiner is a sole proprietorship or if this Agreement is with an individual, the Pro Tempore Hearing Examiner agrees to notify the City and complete any required form if the Pro Tempore Hearing Examiner retired under a State of Washington retirement;, system and agrees to indemnify any losses the City may sustain through the Pro Tempore Hearing Examiner's failure to do so. 11. CONFLICT OF INTEREST; It is recognized that Pro Tempore'' Hearing Examiner may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Pro Tempore Hearing Examiner's ability to perform the Services. Pro Tempore Hearing Examiner agrees to resolve any such conflicts of interest in favor of the City. Pro Tempore Hearing Examiner confirms that Pro Tempore Hearing Examiner does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Pro Tempore Hearing Examiner's selection, negotiation, drafting, signing, administration, or evaluating the Pro Tempore Hearing Examiner's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Pro Tempore Hearing Examiner or its subcontractors of any level, or any of those entities' employees, agents; subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Pro Tempore Hearing Examiner shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil' Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall, prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision' of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized lrepresentatives of the Parties. 13,2 Assignment and Beneficiaries. Neither the Pro Tempore Hearing Examiner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2012 (Arr Of CITY OF FEDERAL WAY t* 333 ?5 Eighth Avenue South • Fo.dera( Way, WA 98003 `l..'.4 83, =i� C�O + wwvi.ciiyc)f`eCErciiv~aycom consent of' the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. Th is Agreement is made and entered into for the sole protection and benefit of the Parties hereto.- No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Pro Tempore Hearing Examiner shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. if a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Pro Tempore Hearing Examiner's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a'waiver of the City's right to declare another breach or default. This Agreement shall be made in governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual_ executing this Agreement on behalf of the City and Pro Tempore Hearing Examiner represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT -5- 9/2012 ALI Ory 0� F-e-deral Way CITY OF FEDERAL WAY 33325 Eighth Avenue South • Federal Way, WA 98003 253-835-7000 • www.cityoffederalway.con-i IN WITNESS, the Parties execute this Agreement below, effective the last date written below, CITY OF FEDERAL WAY ATTEST: 9—p ki Yriest. ka—vor City Clerk, Carol M-Neilly, C C DATE: 0--,31-2,01--7z) SOUND LAW CENTER, LLC e---, --, B: I'l - Ted Hunter Title: Managing Partner DATE: APPROVED AS TO FORM: -CitjAttorney-, -Patricia A Richardson STATE OF WASHINGTON ) COUNTY OY, X )?ss.�? h!j I On this day personally appeared before me Ted Hunter, to me known to be the frilw4allar of aizA,! La,., Co- that executed the foregoing instrument and acknowIdded the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seat affixed, if any, is the corporate seal of said corporation. LA GIVEN my hand and official seal this 91'7 - day of C L-1 lel- 2013. Notary's signature Notary's printed name Notary Public in and for the tate of Washington. My commission expires !E'.k-Lul 419017 Notary Public L TERESA J SPARCING MY T COMMISSION EXPIRES SEPTEMBER 24.2017 PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2012 CITY OF !' «wr : Wall EXHIBIT "Al) SERVICES CITY OF FEDERAL WAY :333 25 E -Jgnth Avenue;; South - Fede;rol Way, VVA 98003 253- 835 -7000 + www.citycffederalway.c:orn FEDERAL WAY REVISED CODE: The Pro Tempore Hearing Examiner shall perform all duties described in and pursuant to the jurisdiction, power and authority established in the Federal Way Revised Code (FWRC) Chapter 2.95 for the Hearing Examiner as now existing or hereafter adopted or amended,' together with such other or further Pro Tempore Hearing Examiner services as may be required by the Federal Way Revised Code. CITY DIRECTION: All duties shall be performed pursuant to the direction of the Mayor or his or her designee. COMPLIANCE WITH LAWS: All duties shall be performed in accordance with all applicable federal, state and City laws, including but not limited to King County and the City of Federal Way Land Use laws, State Environmental 'Act (SEPA), Shoreline Management Act, Open Public Meetings Act, Rules of Evidence, and all city codes, ordinances, resolutions, standards or policies as now existing or hereafter adopted or amended, including the Hearing Examiner Rules of Procedure. RULES OF PROCEDURE: The City's Official Hearing Examiner has established rules of procedure for the efficient and fair conduct of matters that come before the Hearing Examiner. These rules are consistent with state and city law. A copy of these rules.of procedure shall be made available for inspection and copying in the department of Economic & Community Development during regular business hours. CLERICAL SERVICES: The Pro Tempore Hearing Examiner shall furnish clerical services including, but not limited to, the typing of decisions, mailing decisions to parties of record, typing _decisions on requests for reconsideration, furnish qualified personnel to mark exhibits, list names and address of parties of record, and record public hearings. TIMELINESS: Decisions shall be rendered within the time period prescribed by the applicable statue or FWRC provision. If the Pro Tempore Hearing Examiner is unable to render a decision within the required time period, he shall follow the protocol set forth in the FWRC. Failure to do so will be considered a material breach of contract. PERFORMANCE STANDARD: All duties shall be performed in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, including, but not limited to conducting orderly and impartial hearings, creating a professional and courteous environment for applicants, citizen and staff; and the preparation of findings and conclusions which are understandable and based upon sound reasoning and all applicable laws. When deemed appropriate, the Pro Tempore Hearing Examiner will make site visits to familiarize him or herself with the site of the proposed land use and the surrounding area. DESIGNATED PRO TEMPORE HEARING EXAMINER Unless otherwise approved to in writing by the City, the City hereby designates Sound Law Center, LLC (Kim Allen and Kristen Larson), as Pro Tempore Hearing Examiners. Pro Tempore Hearing Examiners shall be appointed by the City. PROFESSIONAL SERVICES AGREEMENT - 7 -- 9/2012 C6TY Of AM Federal Way CITY OF FEDERAL WAY 3.3325 U i)th twenue Soulh • Fed,: ral Vtiay, wA 98003 �`>� -Fs� � , C,C;Ci • �✓,nrw.Cityoff .aE,��!�ry.crm� EXHIBIT "I3" COMPENSATION Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed $4,000.00. In consideration of the Pro Tempore Hearing Examiner performing the Services, the City agrees to pay the Pro Tempore Hearing Examiner an amount calculated on the basis of the hourly labor charge rate schedule for Pro Tempore Hearing Examiner's personnel as shown below: The following hourly rates are for services provided in 2014: Hearing Examiner $175 Senior Associates/Planners - $140 Law Clerks -$60 Secretarial -$35 Our hourly rates include all costs, we do not invoice separately for mileage, phone calls, copies and other direct costs incurred by SLC when providing services, unless expressly provided for by contract. Our blended rate of $120 per hour is derived by an average of the rates charged on a typical case in order to complete that matter. For example, a case may be heard by a Hearing Examiner at the $175 rate, a decision drafted at the $140 rate, and research provided at the $60 rate. When these are blended on a per hour basis and weighted for the amount of time spent, the rate usually will average about $120 per hour. REIMBURSABLE EXPENSES There are no reimbursable expenses,, PROFESSIONAL SERVICES AGREEMENT - 8 - 9/2012 Corporations: Registration :Detail Corporations Division - Registration Data Search SOUND LAW CENTER, LLC UBI Number 602670309 Category LLC Active/Inactive Active State Of Incorporation WA WA Filing Date 11/16/2006 Expiration Date 11/30/2014 Inactive Date Duration tual Registered Agent Information Agent Name TED H LJNTE R Address 4500 9TH AVE NE STE 23 City SEATTLE State 'WA ZIP 98105 Special Address Information Address City State Gip Page I of 2 Purchase Documents for this Corporation h.q://www.sos.wa.gov/corps/search_detail.aspx?ubi=602670309 12/11/2013 Lookup business information Home File & pay taxes Doing business Business types Register my business My account Audits Find taxes & rates' Workshops & education Get a form or publication Find a law or rule L jj 1p Lis t tla t -oV l ABOUT US I r;ON'TACT US Espanol Page 1 of 1 Iowan register +� �R'NG a11S!Nf:S %FiE61ST£R hSY eUSit.i£ES, Lpc7Y.UF Si1SWEtiE;1NFOrtMATIJN Lookup business information Back to search results It `Non- revenue" appears after Tax Registration Number; the account is not registered with the Department of Revenue. However, it may W registered With other agencies in the state; WaslAngton State Department of Revenue State Business Records Database Detail TAX REGISTRATION NO: SW347595 ACCOU14T OPENED: 10/01/197912mW..90 AM Ufa; 600347595 ACCOUNT CLOSED.r OPEN:... ENTITY NAME;: HL04TER THEODORE PAUL 'BUSINESS NAME: THEODORE PAUL HUNTER ATTORNEY AT LAW MAILING ADDRESS r BUSINESS LOCATION; 3333 WALLINGFORD AVE N APT 407 3333 WALLINGFORD AVE NAPT 407 SEATTLE, WA 98103 -9003 SEATTLE, WA 98103 -9003 ENTITY ;TYPE: SOLE PROPRIETOR RESELLER PERMIT W. N/A . PERMIT EFFECTIVE: N /A: 1AICS CODE <t 541110 PERMIT EXPIRES; N /A'. NAICS DEFINITION: OFFICES OF LAWYERS FOR NON-COM MERCIAL USE ONLY 12/12/2013 I0:12 AM CONTACT US.: I ABOUT US I QUESTIONS & ANSWERS I PRINTER FRIENDLY EapN:ai (yr <�RVU I e+� � rya i rNuv way i AF�a A�.w�alrymn.� YF- PAS0y I.9 106YASMTON STATE DEPARFNENT OF REVENUE AND ITS UCENSORS, AU RIGHTS RESERVED VoiM i"Ish0!iNt Ssxisl6R:v:(SECRETARY OF STATE) http: / /dor.wa.gov/ content /doingbusiness/ registermybusiness /brd /Default.aspx 12/12/2013 ' , � ` � ' � ' / THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS 6F`6N'THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGIVIIVELY 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 RFPRESENTAnvF- OR PRODUCER, AND THE CERTIFICATE HOLDEK licyties) must be endorsed. it suaRIDGATION IS WAIVED, subject to the terrns and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the PRODUCER 42$-M4WO PHONE PO Box 3018 Bothe(l, WA 96041-3018 IL Hub House Account in. Ted Hunter 4300 Ninth Ave. NE, Suits 300 Seattle, WA 96106 THIS IS TO CERTIFY T14AT THE POLICIES OF INSURANCE LIRTED MOW 14AVE BEEN ��SUED TO fW INSURED NAMED ABOVE FOR THE PbUdy PERIOD INDICATED, NOTMTHSTANDINIG, ANY M0U#RF_MEKr, TERM oR CONWM OF ANY CONTRACT OR OTHER DOCUMENT V41TH RESPECT TO VMC14 THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONENTIONs Of SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN AIM, AUTOMOBILE UASKM SCHEDULED Taft AND EMPLOVOW ORBILRY YIN 02M11)"13 0MV14 WA STOP W ONLY City off— SHOULD ANY Of THE ABWZ DESCRIBED POLIIGIES BE CANCEI I BEFORE ME EXPIRATION DATE THEREOF,, NOTICE WILL BE DELIMED IN 33325 8th'Ave. South Federal WaY, WA 98003 .91 oil AGO 26 (;Iolalos) The ACORD name and logo are registered marks of ACORD ` /