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AG 13-051CITY OF FEDERTL WAY LAW DEPARTMMT ROUTING FORM 1. ORIGINATING DEPT. /DIV: _FEDERAL WAY POLICE DEPARTMENT 1.yntt4_C 51 l(t--, Ze 10 2. ORIGINATING STAFF PERSON: _JOHNNY HERNANDEZ_ EXT: _6790 3. DATE REQ. BY:_ASAP 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 or ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): � `�' ❑ INTERLOCAL • OTHER 5. PROJECT NAME: JORENSICS PRICING AGREEMENT 6. NAME OF CONTRACTOR: _ORCHID CELLMARK INC ADDRESS: _13988 DIPLOMAT DRIVE, SUITE 100, DALLAS, TX 75234—TELEPHONE _828- 754 -0233_ E- MAIL:_RADERJI @LABCORP.COM FAX:_336 -538 -6572 SIGNATURE NAME: JOHN RADER TITLE CONTRACT ADMINISTRATOR. 7. EXHIBITS AND ATTACHMENTS SCOPE, WORK OR SERVICES )(COMPENSATION XINSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: DATE OF MUTAL EXECUTION COMPLETION DATE: 31 DEC 2016 9. TOTAL COMPENSATION $_EXHIBIT "A" AND "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 ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. D CUMENT /CONTRACT REVIEW INITIAL/ DATE WE INITIAL/ DATE APPROVED PROJECT MANAGER JH _051915 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW ar 71 tp" r 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED ❑ LAW DEPARTMENT CHIEF OF STAFF J SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK _ El ASSIGNED AG# AG i3- d5� C� SIGNED COPY RETURNED DATE SENT: COMMENTS: S ��au�Cd •�v�►,,��_ o _rte --src��_- 4��,., g�cc [�.s 111/9 AC' 0® �- CERTIFICATE OF LIABILITY INSURANCE DAT 0(8/ 0/201) F 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 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 AOn Risk services Northeast, Inc. New York NY Office CONTACT NAME: PHONE (866) 283 -7122 FAX (800) 363 -0105 (A/C. No. Ext): A/C. No. E -MAIL ADDRESS: 199 water street New York NY 10038 -3551 USA HDOG INSURER(S) AFFORDING COVERAGE NAIC # INSURED Cellmark Forensics, Inc. INSURER A: ACE American insurance Company 22667 INSURER B: westchester Surplus Lines Ins Co 10172 13988 Diplomat Drive suite 100 INSURER C: Indemnity Insurance Co of North America 43575 INSURER D: Dallas Tx 75234 USA INSURER E: MED EXP (Any one person) INSURER F: P1r1\ /00ArSCC CERTIFYATP III RRRFR• h1fl(1hHS14MVIII1 KCV1.1. R.JIV niumoCR: 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑ OCCUR PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS. COMP /OPAGG $1,000,000 POLICY ❑PRO- QLOC OTHER: A AUTOMOBILE LIABILITY ISA H08829044 11/01/2014 11/01/2015 COMBINED SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY ( Per person) X; ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident B X UMBRELLALIAB X OCCUR G27524485001 11/01/2014 11/01/2015 EACH OCCURRENCE $3,000,000 AGGREGATE $3,000,000 EXCESS LIAB CLAIMS -MADE —1170-17201-4 DED I X RETENTION 810,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE N WLRC48139486 11 O1 2015 X STATUTE ERH E.L. EACH ACCIDENT — $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: orchid Cellmark Inc., City of Federal way and Professional services Agreement for Cellmark Forensics. The City of Federal way is hereby included as Additional Insured, pursuant to the Professional Services Agreement between orchid Cellmark Inc. and the City of Federal way on the General Liability Policy, but this designation is limited to the operation of the Insured under said agreement, per the applicable endorsement with respect to the Insured's policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Federal way AUTHORIZED REPRESENTATIVE City Hall, 33325 8th Ave. s. Federal way WA 98003 USA tX�P7Z i`��6fttf4+Cd c./ /t+td� �9rFC. ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD `D c tv O O S O Z d t0 V w d U &6,CITY OF OTY HALL 33325 8th Avenue South ,�.. Fed a ra 1 Way Federal, WA 98003-6325 (253) 835 -7DOO www C14v fed eratwxy com AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR CELLMARK FORENSICS This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Orchid Cellmark, Inc., a wholly owned subsidiary of Laboratory Corporation of American Holdings located in Dallas, Texas ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Forensic Services ( "Agreement ") dated effective Feburary 27, 2013, as amended by amendment No. 1, 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, 2016 ( "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 - 1/2015 CITY OF OITY HALL 33325 8th Avenue south F e-- d a ra I Wav Federal way. vvA 98003-6325 (253) 835 -7000 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY DATE: CELLMARK FORENSICS, INC By:. �!K -�c_e le Printed Name: n W i e)C ft' I le r Title: Oon -h `Q -c-f AA -a-q e r- DATE: l' dry 00-ra ° ? q STATE OF -W "" 6T4'`T ) ss. COUNTY OF ATTEST: C Stephanie Courtn (I C APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall n this day personally appear_ed before me Ci,t� �. `�1;�1e to me known to be the S-1 -QC} (� AnQ gPAr- of L ".U(I; k i"iyt� w�c5 , �n� . that executed the foregoing instrument, and ackno de ged 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 day of �Lla\AS , 2W Notary's signature Notary's printed name LINDA STANFIELD Notary Public in and for the State of n. Notary Public, North Carolina (�or}h c�rul;,NC3 Aiamance County My commission expires 3--6-JIDIU My Commission Expires March 06, 2016 AMENDMENT - 2 - 1/2015 CITY O F Y MALL *325 Sth Avenue South Federal%ay Federal Way, WA 8003 -6325 (253) 835 -7000 wwwatyOf edera4vaycom AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR CELLMARK FORENSICS This Amendment ( "Amendment No. 2 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Orchid Cellmark, Inc., a wholly owned subsidiary of Laboratory Corporation of American Holdings located in Dallas, Texas ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Forensic Services ( "Agreement ") dated effective Feburary 27, 2013, as amended by amendment No. 1, 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, 2016 ( "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 - 1/2015 M CITY OF TY HALL 93 325 8th Avenue South F Federal Way, WA 98003 -6325. (253) 835-7000 mvty: otyvAfiederalway coo IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Jim F 1, ayor 3t-cilerk, Stephanie Courte CMC DATE: APPROVED AS TO FORM: -� City Attorney, Amy Jo Pearsall CELLMARK FORENSICS, INC 11 Printed r Name: Ater, P. j h, t 1l C Title: 00#11 —O C:/ M atitage r DATE: 3 - -15 d or-l-h Cz rb I)'r)n STATE OF WtS 41 ss. COUNTY OF On this da personally appeared before me � \ Q- - to me known to be the COIL c of � { �(L u ;L; , I-tic , 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 day of Lto►uS , 2015. Notary's signature , ' Notary's printed name r LINDA 3TANpIEL9 Notary Public in and for the State of Notary Public, North Carolina My commission expires Alamance County My Commission Expires March 06, 2016 AMENDMENT - 2 - 1/2015 RETURN TO: EXT: OTTV nP FI=B T­)lPA AT «rAV T A «t n PPA RTAA'PNT ROT TTTMCT FORM ORIGINATING DEPT. /DIV: FEDERAL WAY POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: JOHNNY HERNANDEZ EXT: 6790 3. DATE REQ. BY: ASAP I 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 V"GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE CONTRACT AMENDMENT (AG #): -D ❑ OTHER ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECTNAME: FORENSICS PRICING AGREEMENT NAME OF CONTRACTOR: _ORCHID CELLMARK INC ADDRESS: _13988 DIPLOMAT DRIVE, SUITE 100, DALLAS, TX 75234TELEPHONE E- MAIL: _RADERJ I @LABCORP.COM FAX: _336 -538 -6572 SIGNATURE NAME JOHN RADER TITLE CONTRACT ADMINISTRATOR 828 - 754 -0233 7. EXHIBITS AND ATTACHMENTS:V'SCOPE, WORK OR SERVICES Q COMPENSATION R INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: DATE OF MUTAL EXECUTION COMPLETION DATE: 31 DEC 2014 TOTAL COMPENSATION $_EXHIBIT "A" AND "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 CITY ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: Coo ` a l - on, 1 -67 10. D CUMENT /CONTRACT REVIEW 3ROJECT MANAGER VDIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCILAPPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED JH 040214 AJH &Z /s( A) `15 - ICI su COMMITTEE APPROVAL DATE: DATE SENT: PAID BY: ❑ CONTRACTOR ❑ INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF J�,SiGNATORY (MAYOR OR DIRECTOR) A CITY CLERK ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: 11/9 INI IAL / DATE SIGH ,NED (p iA AG# DATE SENT: ` CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www. cilyoffederahvay. com AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR CELLMARK FORENSICS This Amendment ( "Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Orchid Cellmark Inc, a wholly owned subsidiary of Laboratory Corporation of America Holdings located in Dallas, Texas ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Forensic Services ( "Agreement ") dated effective 02 -27 -2013, 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 31 December 2014 ( "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. [Signature page follows] AMENDMENT - 1 - 1/2010 CITY OF CITY HALL ...- Federal Way Feder 33325 8th Avenue South Federal l WA 98003 -6325 Way, (253) 835 -7000 www. cftyoffederahvay.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim ell, ayor DATE: (.PI,3 / / � CELLMARK FORENSICS, INC. By: U Printed Name: —Angie R. Miller Title: Contract Manager DATE: __May 8 2014 I ID i��CCb`D 0�� +JCS STATE OF ) ��) ) ss. COUNTY OPI� it i e Q– ATTEST: Paw (-%n 01 &1 City Clerk, Carol McNeil , CM i&v, t'vi ♦ � :+gin rrrr�= �.��y�Y10i.YUY his da personally appe e b fore e �+ l 11 ll 2C to me known to be the +� �� C�tl er of I D , ,� trl2�riC 0. that executed the foregoing instrument, and acknow edged 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 day of Notary's signature b Notary's printed name `. 'o S ,-� Notary Public in and for the State of Waryff.- My commission expires LINDA STANFIELD Notary Public, North Carolina Alamance County My Commission Expires March 06, 2016 AMENDMENT - 2 - 1/2010 AC �� ,,._.._ CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 05/07/2014 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 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 Aon Risk Services Northeast, Inc. New York NY Office CONTACT NAME' PHO (A/CNNo.Ext): (866) 283 -7122 FAX No.): (800) 363 -0105 E -MAIL ADDRESS: 199 Water Street New York NY 10038 -3551 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: ACE American Insurance Company 22667 Cellmark Forensics, Inc. 13988 Diplomat Drive suite 100 INSURER B: Indemnity Insurance Co of North America 43575 INSURER C: Westchester Fire Insurance Company 10030 Dallas TX 75234 USA INSURER D: INSURER E: DAMAGE TOR D PREMISES Ea occurrence INSURER F: MED EXP (Any one person) COVERAGES CERTIFICATE NUMBER: 570053709397 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY F MMIDD POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY HDOG 7 4 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X❑ OCCUR DAMAGE TOR D PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) Excluded PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ PRO- JECT LOC PRODUCTS - COMP /OP AGG $1,000,000 A AUTOMOBILE LIABILITY ISAH08722481 11/01/2013 11/01/2014 COMBINED SINGLE LIMIT Ea accident $2,000,000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / ANY PROPRIETOR / PARTNER I EXECUTIVE WLRC47874518 11/01/2013 11/01/2014 X I PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 ❑N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As respect the Excess Professional Liability policy the SIR applies as follows: $5,000,000 for Genetics and $3,000,000 for all other. RE: City of Federal way and Professional services A reement for Cellmark Forensics, Inc. The city of Federal Way is hereby included as Additional insured, pursuant to the Professional services Agreement between Cellmark Forensics, Inc. and the City of Federal way on the General Liability Policy, but this designation is limited to the operation of the insured under said agreement, per the applicable endorsement with respect to the Insured's policy. S— CERTIFICATE HOLDER CANCELLATION Qli SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE —F EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i-- -S�•II r City of Federal Way AUTHORIZED REPRESENTATIVE City Hall, 33325 8th Ave. S. Federal way WA 98003 USA �p Q C,/ rW4414611 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000008881 LOC #: A� °°® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Northeast, Inc. NAMED INSURED Cellmark Forensics, Inc. POLICY NUMBER See Certificate Number: 570053709397 CARRIER See Certificate Number: 570053709397 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER SUBR WVD INSURER POLICY EFFECTIVE DATE (MM/DD/YYYY) INSURER LIMITS INSURER EXCESS LIABILITY ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS EXCESS LIABILITY C G2197934AO09 GL Follow Form 11/01/2013 11/01/2014 Retained Limit AMOun $10,000 Aggregate $3,000,000 Each Occurrence $3,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE IN: � DATE OUT: � TO: CITY OF FEDER.AL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1 2. ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABORAGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLTC WORKS CONTRACT (LESS THAN $200,000) � � ❑ PURCHASE AGREEMENT> (MATERIALS, SUPPLIES, EQUIPMENT) ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. nGt�EMErrr � PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ CONTRACTAMENDMENT AG#: ❑ CDBG ❑ OTHER 5. PROJECTNAME: �°��m°M � Forensics Pricin� ALreement 6. NAMEOFCONTRACTOR: QI(�'��G� l..L��rYY�, I� �nC . ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES � SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE � DOCUMENTAUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: SIGNATURE DATE COMPLETION DATE: DECEMBER 31, 2013 9. TOTAL COMPENSATION: DIFFERENT FOR EACH USE INCLUDE EXPENSES & SALES TAX, IF A NY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑�s � NO IF YES, MAX[MUM DOLLAR AMOUNT: $ [S SALES TAX OWED ❑ YES ❑ NO IF YES, $ .__ PAID BY: O CONTRACTOR ❑ CITY 10. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ' � DIRECTOR 7 L � s �+k.+a«t ,� ❑ R[SK MANAGEMENT �—�-t� ❑ LAW P �- IO • 12 �(�t—�t,��l �� I� • [? �GC, f�. 1, !Sj � y (1�.d IY�S.w�- a0 EX � , . �CONTRACT SIGNATURE ROUTING IN T ALNATE APPROVED INITIAL/DATE APPROVED �y ❑ LAW DEPARTMENT 2' ' � e1 t�p ��1VAGER�AA`�c�t2.. v��J' �j�[�CITY CLERK ' � �� �� d� �IGN COPY BACK TO ORGINATING DEPT. _ ,�}� I�J ASSIGNED AG# I �J'Or'J� y�� 6- r'���"1�`S'�1NG: �'LEASE CHARGE TO: (� I' i���� � �-�Z.� - Z. Z' ��- 'L I� � ,G �'� � TS: �'"�� �� �%;s 1� a �n��i mr� ��Piwtc� f v a i�� �tv Q o -�1,.,�r,� w `i'�t S uv.� � l.�c� w� C : 1 � � , I��ow�U--�t O�.,n,� °� Y�d to` ��e a� � C. a� � v�t- � � X��f � �o � �-. � . No-L{s � � � S Vll� f,t,Yl c�e. ` CITY OF CITY HALL �,.,'�, Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7004 www. ciryaffederalway. com PROFESSIONAL SERVICES AGREEMENT FOR CELLMARK FORENSICS This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Orchid Cellmark Inc., a wholly owned subsidiary of Laboratory Corporation of America Holdings located in Dallas, Texas ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ORCHID CELLMARK INC.: Laura Gahn, Ph.D. Director of Operations and Laboratory Director Orchid Cellmark Inc. 13988 Diplomat Drive, Suite 100 Dallas, TX 75234 Office: (214) 271-8406 Fax: (214) 271-8422 The Parties agree as follows: CITY OF FEDERAL WAY: Commander Chris Norman 33325 8`� Ave. S. Federal Way, WA 98003-6325 Office: (253) 835-6732 Fax: (253) 835-6899 christopher.norman@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2013 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement o� the City and the Contractor. 2. SERVICES. The Contractor 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 Contractor 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 Contractor 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. TERNIINATION. 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 Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. CONII'ENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Eachibit "A", attached hereto and incorporated by this reference. The Contractor 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 "A", the Contractor 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 Ageement. PROFESSIONAL SERVICES AGREEMENT - 1- 4/2011 ` CITY OF ,"�..�..., Federal CITY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyo�federalway.com 4.2 Method of Pavment. On a monthly basis, the Contractor shail 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 personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor 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 Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 43 Non-Ap�ronriation of Funds. If sufficient funds are not appropriated or allocated for payrnent under this Ageement 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. 5.1 Contractor Indemnifcation. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from a.ny 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 from, or in connection with this Agreement or the acts, errors or omissions of the Contractor 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 Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected off'icials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefts payable to or by any third party under workers' compensation acts, disability beneft 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 Contractor, 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. PROFESSIONAL SERVICES AGREEMENT - 2- 4/2011 ` CITY OF � Federal CITY HALL ��� 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. crryoffederahvay. com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, 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: 6.1. Minimum Limits. The Contractor 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 aggegate 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 Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured. Verification. T'he City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor 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, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor 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 Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confdentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor 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 modiiied by Contractor while performing the Work shall belong to the City upon delivery. The Contractor 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 Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor 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 PROFESSIONAL SERVICES AGREEMENT - 3- 4/2011 ` CITY OF .� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 9$003-6325 (253) 835-7000 www. crtyoffederahvay. com authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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 Contractor 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. Contractor sh�ll 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 Contractor's own risk, and Contractor 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 Contractor shall pay all income and other taxes due except as speci�ically 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 Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor 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 Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 Contractor's selection, negotiation, drafiing, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTiJNITY 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 Contractor 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. Contractor 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 ageement signed by duly authorized representatives of the Parties. 13.2 Assignment and Benefciaries. Neither the Contractor 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 consent of the other PROFESSIONAL SERVICES AGREEMENT - 4- 4/2011 ` CITY OF ,'�... Federal CITY HAI.L W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-700� www atyoffederaiway. com 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. This 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 Contractor 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 Contractor'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 law; 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 Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Ageement 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 ftom 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- 4/2011 CITY OF '� Federal Way CITY HALL 33325 8tfi Avenue South Federal Way, WA 9$003-6325 (253} 835-700Q wtiv«! ciryoffederafw<�y com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Priest, ayor DATE: 2•'Z—t � Z c> > 3 ORCHID CELLMARK INC. By: _�����. , Printed Name: An�ie R. Miller Title: Contract Mana e�� Date: Februarv 15, 2013 noR�ti �.�t�,� STATE OF } ) ss. COUNTY OFC�\as�na.+� c � ) ATTEST: rty Clerk, Carol McNeil , C C APPROVED AS TO FORM: �- City Atto y, Patricia A Richardson n this d y personally appeared before me �' ; i�, : _ , to me known to be the of �p R I• �that executed the foregoing instrument, d ac owledged the said instrument to be the ftee and vo untary 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 � 5�' LINDA STANFIELp Not�ry Pubilc, North Gerolina Alamance County My Commfssion Expires March OB, 2016 day c Notary's signature Notary's printed nam My commission expires raj -�• 2.�11Q PROFESSIONAL SERVICES AGREEMENT - 6- 4/201 l f� �J E� ` CITY OF CITY HALL ,;,� Federa I Way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7400 wavw. cityoffede�alway. com EXHIBIT "A" Pricing Agreement for Property Crime Testing Services BioTracks ExaressTM (15 to 30 dav Turn Around Time) Streamlined Property Crime Sample Processing without Suspects* for Upload into a Database 1. Evidence Samples a. Batches of 70 or more Swabs $245 per swab b. Batches of 45 — 69 Swabs $265 per swab c. Batches of 20 — 44 Swabs $285 per swab d. Batches of 10 —19 Swabs $305 per swab e. Batches of 1— 9 Swabs $305 per swab plus $500 per batch Surcharge 2. Reference Elimination Samples $245 per buccal swab * If a suspect sample is identified at a later time or a confirmation sample is tested after a hit this can be done for an additional$395 and will include a full case report. BioTracks TM (30 to 45 dav Turn Around Time) Standard Property Crime Casework for Upload into CODIS or Comparison with Known Suspects Evidence Samples a. Batches of 70 or more Swabs $345 per swab b. Batches of 45 — 69 Swabs $365 per swab c. Batches of 20 — 44 Swabs $385 per swab d. Batches of 10 —19 Swabs $405 per swab e. Batches of 1— 9 Swabs $405 per swab plus $500 per batch Surcharge 2. Reference Elimination or Suspect Samples $345 per buccal swab Expert Witness Testimony: It is expected that the vast majority of property crime criminals will confess when faced with DNA evidence linking them to the scene of the crime. As a result, property crime cases using DNA testing rarely go to court. However, in the event a property crime case does go to court and require Expert Witness Testimony, charges will be as follows: $1,500 per day plus expenses for each testimony request Video Conferencing for testimony is available for $250 per hour plus the cost of the video feed Descrintion of Analvsis Aaaroach Property crime testing services using forensic DNA analysis. PROFESSIONAL SERVICES AGREEMENT - 7- 4/2011 ` CITY OF .�� Federal Way 1. Method of Compensation: Fees EXHIBIT "B" COMPENSATION CITY HALI 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253) 835-7000 w�wa atyoffederelway com In consideration of the Contractor performing the Services, the City agrees to pay the Contractor according the fee schedule provided in EXHIBIT "A". Reimbursable Egpenses The actual customary and incidental expenses incurred by Contractor in performing the Services including the provision of Expert Witness Testimony, travel to testify and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed those depicted in the fee schedule provided in EXHIBIT "A". PROFESSIONAL SERVICES AGREEMENT - 8- 4/2011 0 ACORO� I DAT 02l01/20�� � CERTIFICATE OF LIABILITY INSURANCE 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the poUcy, 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 CONTACT NAME: Aon Risk Services Northeast, Inc. o (866) 283-7122 F� (847) 953-5390 New York NY Offi ce AIC. No. Ext : AIC. No. : 199 water Street p�Rp Egg. New York Nr 10038-3551 u5A NJSUREWS) AFFORDING COVERAf3E �� � Laboratory Corporation of America Holdings & subsidiaries 531 5 5pring Street eurlington NC 27215 USA WsUttEaa ACE American Insurance Company xuaur�R s: tndemni ty tnsurance Co of North aneri ca INSUrs�RC: westchester Fire insurance Company INSURER D: INSlN2ER E: INBURER F: 1 I'71J IJ I V t+cn � ir � � nn � � 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 AFFOROED 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. Umits shown are as r uestE TYPE OF INSURANCE p yyyp POLICY NUMBER M M ���5 GENERALLUIBY.ITV HDOG A EACN OCCURRENCE SZ�OOO�OI X COMMERCIAL GENERAL LtABILITY PREMISE6 Ea ocemrenee SS, O00 � Oi cwMS�noe a occuR MED EXP (My one person) excl udE c, nnn nr GEML AGGREGATE lIM1T APPLIES PER: X POLICY PRa LOC ► auroMOen.� �wsurv J( ANY AUTO AI.L OWNED SCMEDULED AUTOS AUTOS HIREDAUTOS NON-OWNED AUTOS � X UMBRELLA LIAB X OCCUR EXCESS LIAB CWMS-MAOE EMPLOYERS' LIABIUTY ANY PROPRIETdt / PARTNER / EXECUTIVE i4 OFFICERIMEMBER EXCLUDED7 (Mandatory in NH) -Primary SiR applies per policy terjns & condi�ions ry�q WLRC47126952 CA MA HDCG27014471 Claims Made PERSONAL 6 ADV INJURY OENERALAGOREGATE PRODUCTS•COMP/OPAOG BODILY INJURY ( Psr penwi) BODILV INJURV (Per aeGdent) EACH OCCURRENCE 11/Ol/2012I11/Ol/2013 E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE•POLICY LIMIT Aggregate 51����� 52,000, 53,000, E3,000, E1,000, 51����� E1,000, 1, 00, S3,000, DESCR�PTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attaeh ACORD 101, Addkional Remarks Scheduk, if more space is requ�rca� rtE: Orchid Cellmark Inc., City.of Federal Way and Professional Services Agreement for Cellmark Forensics. The City of Federal way is hereby included as Additional insured, pursuant to the Professional services Agreement between orchid Cellmark rnc. and the City of Federal way on the �eneral �iability.POlicy, but this designation is limited to the operation of the Insured under said agreement, per the applicable endorsement with respect to the Insured s policy CERTIFICATE HOLDER City of Federal way City Hall, 33325 Sth Ave. 5. Federal way wa, 98003 u5A ACORD 25 (2010/O6) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CIWCELLEO BEFORE TME EXPIRATION DATE THEREOF, NOTICE WILI BE DEWERED IN ACCORDANCE WRH TME POLICV PROVISIONS. AUTHORQED REPRESENTATNE . � �� i � / �1988-2010 ACORD CORPORATION. Ali nghts reserved. The ACORD name and logo are registered marks of ACORD � � « c � � m � O S � � � N 0 Z � W {7 �' d �.i ��]� AGENCY CUSTOMER ID: 570000008881 LOC #: �'LC°R ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCV NAMEDINSURED Aon Risk services Northeast, inc. �aboratory Corporation of ,america POLICY NUMBER see Certificate Number: 570048992029 pqqR� . NAIC CODE See Certificate Number: 570048992029 EFFECTNEDATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER POLICIES If a policy below does not include limit inforrnation, refer to the corresponding policy on the ACORD certificate form for policy limits. -- � POLiCY POLICY �gR ADDL SUBR EppgCl'ry6 EXP�tAT[ON ��� L7,R TYPB OF INSURANCE �SR W VD POLICY NUMBER DATE DATE MM/DD MM/DD WORKERS COMPENSATION A N/A 5CFC47125947 11 O1 12 11 O1 2013 WZ ACORD 701 (2008/07) � 2008 ACORD CORPORATION. All rlyhb reserved. The ACORD name and loyo are rogistsred marks of ACORD