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FEDRAC PKT 1-31-2017 (2)
CITY OF t. Federal Way FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE [FEDRACI TUESDAY—January 31,2017 FEDERAL WAY CITY HALL 4:30 P.M. AGENDA HYLEBOS ROOM 1. CALL TO ORDER 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS Page Presenter/ Action or Topic Title/Description # Time Allotted Discussion A. APPROVAL OF SUMMARY MINUTES -NOVEMBER 22,2016 2 R.BUCK ACTION 5 MINUTES 1/31 Committee B. RETAINAGE RELEASE 7 R.ETTINGER ACTION 5 MINUTES 2/07 Council Consent C. MICROSOFT ENTERPRISE AGREEMENT RENEWAL 8 T.FICHTNER ACTION 5 MINUTES 2/07 Council Consent D. AWARD OF THE PERFORMING ARTS AND EVENT CENTER 11 E1 WALSH ACTION ORCHESTRA SHELL 5 MINUTES 2/07 Council Consent E. PAEC QUARTERLY REPORT 14 A.ARIWOOLA DISCUSSION 5 MINUTES F. FEDRAC SPECIAL MEETING FOR SUSTAINABLE REVENUE A&B 16 A.ARIWOOLA DISCUSSION 5 MINUTES G. HISTORICAL SOCIETY MOU 17 A.ARIWOOLA ACTION 10 MINUTES 2/07 Council Consent H. TAX RECOVERY SERVICES CONTRACT AMENDMENT 21 A.ARIWOOLA ACTION 10 MINUTES 2/07 Council Consent I. RESOLUTION:2017 AMENDED FEE SCHEDULE 58 A.ARIWOOLA ACTION 10 MINUTES 2/21 Council Consent J. MONTHLY FINANCIAL REPORT- NOVEMBER 2016 80 A.ARIWOOLA ACTION 10 MINUTES 2/07 Council Consent K. VOUCHERS—NOVEMBER 2016 95 A.ARIWOOLA ACTION 5 MINUTES 2/07 Council Consent 4. OTHER: • Update on the Novogradac Conference • TBD—Transportation Benefit District 5. FUTURE AGENDA ITEMS: NEXT MEETING: Tuesday, February 28, 2017 @ 4:30 City Staff. Dini Duclos, Chair Ade Ariwoola, Finance Director Susan Honda Robyn Buck,Administrative Assistant Martin Moore 253-835-2527 CITY OF ... Federal Way This page was intentionally left blank. CITY'0i Federal Allay City Council Finance/Economic Development/Regional Affairs Committee Tuesday, November 22, 2016 Federal Way City Hall 4:30 p.m. SUMMARY MINUTES Hylebos Conference Room CALL TO ORDER: Committee Chair Duclos called the meeting to order at 4:30 p.m. COMMITTEE MEMBERS IN ATTENDANCE: Councilmember Moore, Councilmember Honda COMMITTEE MEMBER EXCUSED: COUNCILMEMBERS IN ATTENDANCE: Deputy Mayor Burbidge, Councilmember Assefa- Dawson, Councilmember Koppang. STAFF MEMBERS IN ATTENDANCE: Finance Director, Ade Ariwoola; Acting City Attorney, Ryan Call; Lieutenant, Kurt Schwan; Recreation Coordinator, Craig Feldman; Deputy Public Works Director, EJ Walsh; Deputy Public Works Street Systems Manager, Desiree Winkler; Community Services Manager, Jeff Watson; Performing Arts and Event Center Executive Director, Theresa Yvonne; Chief of Police, Andy Hwang; Community Development Director, Brian Davis; Community Outreach and Government Relations Coordinator, Steve McNey; Economic Development Director, Tim Johnson; Accounting Supervisor, Chase Donnelly; Administrative Assistant, Robyn Buck. OTHERS PRESENT: PUBLIC COMMENT: Committee Member Moore read an emailed letter from David Kaplan. Committee Member Honda made a motion to amend the agenda to include a presentation from Public Works regarding the reimbursement for ROW for the grand staircase and shall be labeled as F1 on the agenda. Motion to amend the agenda to include a presentation from Public Works; motion seconded and carried 3-0. APPROVAL OF SUMMARY MINUTES: Motion to approve the October 25, 2016 minutes as presented; motion seconded and carried 3-0. Tuesday, November 22, 2016 Page 1 2 CITY'0i Federal Allay RED LIGHT PHOTO REPORT: Presented by Traffic Lieutenant, Kurt Schwan. In 2007 Council approved a red light photo pilot program which was then implemented in 2008. In 2009 school safety implemented. Collisions have dropped drastically since implementation. No motion made and no action taken. COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT: Presented by Recreation Coordinator, Craig Feldman. This is a Request for Goods and Services Contract. King County went out to bid and secured the lowest bid. The cost is slightly higher this year; however we are using fewer chemicals since the filter realignment. The Committee made a motion to include a presentation on the chemical savings with the glass filter by Mr. Feldman at the next Council meeting. Motion to approve and forward the COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT to the December 06, 2016 business agenda for approval; motion seconded and carried 3-0. PERFORMING ARTS AND EVENT CENTER ORCHESTRA SHELL AUTHORIZATION TO BID: Presented by Deputy Public Works Director, EJ Walsh. Mr. Walsh presented a Power Point presentation outlining the request. This cost is in the approved budget, but the motion requires approval of Council for all FFE procurement. Contingency account covers FFE and construction. The shell cannot be rented and must be made specifically for the PAEC stage. Manufacturing lead time for the shell is 4-6 months. Motion to approve and forward PERFORMING ARTS AND EVENT CENTER ORCHESTRA SHELL AUTHORIZATION TO BID to the December 6, 2016 consent agenda for approval; motion seconded and carried 3-0. ORDINANCE: PROPOSED WASHINGTON STATE PARKS AND RECREATION (DASH POINT STATE PARK) SEWER LINE AND PARK UTILITIES FRANCHISE: Presented by Deputy Public Works Street Systems Manager, Desiree Winkler. The Franchise expired in July. It is a typical 10 year agreement. Motion to approve and forward ORDINANCE: PROPOSED WASHINGTON STATE PARKS AND RECREATION (DASH POINT STATE PARK)SEWER LINE AND PARK UTILITIES FRANCHISE to the December 6, 2016 business agenda for the first reading; motion seconded and carried 3-0. Tuesday, November 22, 2016 Page 2 3 CITY'0i Federal Allay 2017-18 HUMAN SERVICES GENERAL FUND GRANTS FUNDING RECOMMENDATIONS: Presented by Community Services Manager, Jeff Watson. Mr. Watson presented a Power Point presentation reviewing the funding recommendations and contingency plan. There were 83 applications with the total amount requested of just under $1.2 million. The recommendation is to fund 53 of the 83. The requested $75k for 2018 Day Center is not currently in the budget. This will be an additional request. The $75k can be requested in the next biennium budget and not accepted here. Committee Member Honda wants to wait until this time next year to make sure Day Center is meeting benchmarks before approving funding. Motion to fund the recommended HSGF grants in the aggregate amount of$516,000. The individual grant amounts shall be subject to the contingency that should funding for the human services general fund grants be either greater or lesser than the anticipated budget amount, there shall be a pro rata adjustment to all grants, except for those that would result in a grant amount of less than $3,000 to the December 06, 2016 business agenda for approval; motion seconded and carried 3-0. REIMBURSEMENT FOR ROW STAIRCASE: Presented by Deputy Public Works Director, EJ Walsh. Proposal to pursue reimbursement from the LIFT program for the amount that the City has already spent acquiring the land associated with the land for the right of way staircase. When the City bought the Target and Toys r Us parcels, they were not part of a ROW. The City will convert part of those parcels into ROWS and therefore, will be eligible to use LIFT funds. This is a mechanism to recoup some of the money that was spent to purchase the 2 properties. The amount would come from the 2016 allotment. The funds do not carryover from year to year. Motion to forward Option 1 for REIMBURSEMENT FOR ROW FOR GRAND STAIRCASE to the December 6, 2016 consent agenda for approval; motion seconded and carried 2-1. ORDINANCE: 2015-16 YEAR END BUDGET ADJUSTMENT: Presented by Finance Director, Ade Ariwoola. Mr. Ariwoola reviewed a spread sheet containing options that Council has already agreed upon. Motion to approve and forward ORDINANCE: 2015-16 YEAR END BUDGET ADJUSTMENT to the December 6, 2016 agenda for adoption; motion seconded and carried 3-0. Tuesday, November 22, 2016 Page 3 4 CITY'0i Federal Allay RESOLUTION: 2017 FEE SCHEDULE: Presented by Finance Director, Ade Ariwoola. Mr. Ariwoola reviewed major fee changes, specifically the PAEC and business registrations. Motion to approve and forward RESOLUTION: 2017 FEE SCHEDULE to the December 6, 2016 consent agenda for approval; motion seconded and carried 3-0. MONTHLY FINANCIAL REPORT - OCTOBER 2016: Presented by Finance Director, Ade Ariwoola. Mr. Ariwoola summarized the Monthly Financial Report for October 2016. Notable areas include: • General and street funds — Short on revenue, but still have 2 months to go. Expenditures are less than budgeted. • Dumas Bay — Expenditure and revenue are going up. • Utility Tax — Doing reasonably well. • REET— Doing very well. • Red light - Doing reasonably well. • Police — Positions identified under Prop 1. • Lakehaven — Part of the adjustment. • Prop 1 — Doing well and making sure individual police positions are covered. • Self-insurance — We have exceeded the budget in expenditure, but we are not carrying the entire risk. The City would not be exposed to the entire amount if there is a large claim. • PAEC—As of now, we still have about $8m left to fund the construction before we would need to tap into the approved inter-fund loan. Motion to approve and forward the OCTOBER 2016 MONTHLY FINANCIAL REPORT to the December 06, 2016 consent agenda for approval; motion seconded and carried 3-0. VOUCHERS— OCTOBER 2016: Presented by Finance Director, Ade Ariwoola. There were no questions/comments on the vouchers. Motion to approve and forward the OCTOBER 2016 VOUCHERS to the December 06, 2016 consent agenda for approval; motion seconded and carried 3-0. Tuesday, November 22, 2016 Page 4 5 CITY'0i Federal Way OTHER: • Admissions Tax—We will not be able to take money in by January 1, but it is included in projected revenue. There are many facets/processes that need to be addressed. An ordinance will most likely be brought to Council in January. • Transportation Benefit District (TBD) — If Council approves $15, they may have to wait 24 months before having another increase which can only be a $5 increase. You would have to wait 24 months between each increase. Desiree Winkler will check to see if we would have to wait the 24 months to increase by $5. The stop point for increases is $20. There was a consensus among Committee Members that they would like a study session prior to the first meeting in January regarding this topic. • Sustainable Funding—To have a FEDRAC subcommittee comprised of two people from Lakehaven, two from Chambers, Councilmembers and the Finance Director. The subcommittee would work on the long term revenue source for the City. This would be an "open" meeting. An authorization to form a subcommittee is needed from Council. Mr. Call suggested that there be a discussion with the Chair to come up with an idea and then present it. NEXT MEETING: Tuesday, January 24, 2017 @ 4:30 p.m. MEETING ADJOURNED: 6:47 p.m. Tuesday, November 22, 2016 Page 5 6 CITY OF ... Federal Way This page was intentionally left blank. COUNCIL MEETING DATE: February 7,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AIR TECH HEATING AND COOLING RETAINAGE RELEASE AND PROJECT ACCEPTANCE POLICY QUESTION: : Should the City accept the Knutzen Family Theatre HVAC replacement work with Air Tech Heating and Cooling as complete and authorize staff to release their retainage? COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: X Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rob Ettinger,Dumas Bay Centre Manager DEPT: Parks History: Air Tech Heating and Cooling performed replacement work on the HVAC systems in the Knutzen Family Theatre in the amount of$92,247.04. Prior to the release of Retainage on Public Works projects,the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary: $92,247.04—Knutzen Family Theatre HVAC replacement; 5%Retainage held from this project amount._ $4,612.35 Options Considered: 1. Accept Knutzen Family Theatre HVAC installation work as complete and release $4,612.35 retainage to Air Tech Heating and Cooling 2. Donot accept the work as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Council accepts Knutzen Family Theatre HVAC installation work as comb to and authorize staff to release retainage to Air Tech Heating and Cooling. MAYOR APPROVAL: { f I ;/t_7DIRECTOR APPROVAL: l o inil"v cou d InitiatiDate l/D Initial/Date I COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Knutzen Family Theatre HVAC installation work as complete and forward the authorization of staff to release their retainage to the February 7, 2017 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Knutzen Family Theatre HVAC installation work as complete and authorize staff to release retainage to Air Tech Heating and Cooling." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 7 CITY OF ... Federal Way This page was intentionally left blank. COUNCIL MEETING DATE: February 7,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:RENEWAL OF MICROSOFT ENTERPRISE AGREEMENT POLICY QUESTION: Should Council approve the renewal of the City's Enterprise Agreement with Microsoft for years 2017-2020 and authorize the Mayor to execute the purchase agreement? COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: ® Consent Lj Ordinance n Public Hearing ❑ City Council Business Resolution U Other STAFF REPORT BY: Thomas FichtnerDEPT: Information Technology Attachments: Summary/Background/Budget,Pricelist,Agreement Forms will be provided at the meeting. Options Considered: 1. Approve the Mayor's recommendation and forward to Council Consent Agenda on February 7, 2017. 2. Deny approval of the Mayor's recommendation and provide staff with further direction. MAYOR'S RECOMMENDATION: Mayor recommends approving the renewal to the Microsoft Enterprise Agreement for years 2017-2020. MAYOR APPROVAL: f �' 2-ZA5,/j--,;oIRECTOR APPROVAL: I SAC Cannnitial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the February 7, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Microsoft Enterprise Agreement renewal, effective February, 2017 through February, 2020 with a total compensation of$94,713.65 for year 2017, plus total compensation of$99,449.33 for years 2018 and 2019, plus WA State Sales Tax , and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 8 Summary/Background: The City has maintained an Enterprise Agreement (EA) with Microsoft since 2008. The EA provides licensing for all of the City's Microsoft software ranging from the Windows desktop operating system, Office productivity suite, Exchange/Outlook email system, SQL database and Windows Server platforms. The EA also provides many benefits to the City such as technical support and Software Assurance for licensed products which includes version upgrades to the latest release of the software, 30 days' worth of staff training (valued at almost $15k), and unlimited online training for Windows, Office and other products. This Enterprise Agreement will be purchased from CompuCom, an authorized Microsoft Reseller, which is selected based on the Washington State Department of Enterprise Services (DES) contract# T11-TSD-579. The contract with CompuCom and DES will expire in 2017, at which time DES will solicit bids again from Microsoft resellers. Each reseller provides a different price for software based on their margin with Microsoft. This is why there is a 5% inflator for the "Year-2" and "Year-3" payments, as it is unknown which reseller will be chosen based on the DES bids, and what the winning reseller's margin will be. Hopefully it will be the same or less, however, it is necessary to provide a possibility of up to a 5% increase. Budget: The EA renewal is split into three payments. The three payments are taken from 2017, 2018, and 2019 funds respectively. The "Year-1" (2017) payment will be $94,713.65. 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COUNCIL MEETING DATE: February 7, 2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA DILL SUBJECT:Performing Arts and Event Center Orchestra Shell—Authorization to Award the Orchestra Shell POLICY QUESTION: Should City Council authorize the award of the Performing Arts and Event Center Orchestra Shell to the lowest responsive,responsible bidder? COMMITTEE: Finance, Economic Development, &Regional Affairs MEETING DATE: Jan 31,2017 Committee CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ Walsh,PE PAEC PrOiccI Director DEPT: Public Works Attachments: FEDRAC Committee Memorandum dated January 18, 2017 Options Considered: 1. Award the Performing Arts and Event Center Orchestra Shell to Wenger Corporation, the lowest responsive, responsible bidder in the amount of $403,459.00 and approve a 5% contingency of $20,172.95 for a total of $423,631.95 and authorize the Mayor to execute the contract. 2. Reject all bids for the Performing Arts and Event Center Orchestra Shell and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The mayor recommends forwarding Option 1 to the February 7, 2017 City Council consent agenda for approval. MAYOR APPROVAL: H J7 IA DIRECTOR APPROVAL: N�WLq 2.ovl {: nmittce oun J7 lilialmatc 0I 'tialfDiac lttiliuflDatc COMMITTEE RECOMMENDATION: I move to forward Option 1 to the February 7, 2017 City Council consent agenda for approval. Dini Duclos,Chair Susan Honda,Member Martin A.Moore,Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Performing Arts and Event Center Orchestra Shell to Wenger Corporation, the lowest responsive, responsible bidder in the amount of$403,459.00 and approve a 5% contingency of$20,172.95 for a total of$423,631.95 and authorize the Mayor to execute the contract. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 11 CITY OF FEDERAL WAY MEMORANDUM DATE: January 18, 2017 TO: Finance, Economic Development and Regional Affairs Committee VIA: Jim Ferrell,Mayor FROM: Marwan Salloum,P.E.,Public Works Director EJ Walsh, P.E. Deputy Public Works Director/PAEC Project Director�r/t SUBJECT: Performing Arts and Event Center Orchestra Shell Authorization to Award BACKGROUND On December 7, 2016 staff issued a Request for Bids for the Performing Arts and Event Center Orchestra Shell. Three bids were received and opened on January 11, 2017. After review of the three bids received, two were found to be responsive, responsible bidders. The third bid, submitted by Stage Right, did not include the required Bid Bond with their submission and additionally submitted an alternate product that by their own note on the bid form, `—does not meet the contract and bid documents in regards to the Design and Construction of Products. ' In accordance with the Reservation of Rights language within the Request for Bids package, this bid was determined to not meet the criteria set forth in the bid documents and therefore is recommended to be rejected. The lowest responsive, responsible bidder is Wenger Corporation with a total bid of $403,459.00. Available Funding: Council Approved Construction Contingency: $1,780,370 Grand Piano: $104,409 2% for the Arts Project: $483,200 Previously Authorized Contract Change Orders: $316,312.39 Pending Contract Change Orders: $75,000 Total Available Funding: $801,448.61 12 E a, H N C 00 M aj of in of of �n �n O 'O Ccu a1 aJ a! aJ a) al p 41 C ��m+ E LU = m Q > L i C C O O aJ 3 t +1 ++ N N 3 a! 3 E 4..i U O 3 C � C to OL O 0 a m m O On u 6 i11 N Q 000000 it - 41 m u } } } } } } MO OL p L a C rj 4.n L U 4 :) 3 E O W m 3 •L4 LL N -0 C L O C a V1 L +r O tf N 4 C Qm M -C C 'WA +' f0 t E v E a) O OL `� H I (u U iF t 3 -0 t n C O an 0 0 0 F, O a on M p c c O N 'D U C 3 m L ++ 'A U C 3 O 0 U O CL C CL) CU C .40 d4 L iA f0 4� U O a C +' N M CACLO a al C aJ M L O •a E ` v+'i C > w EC O O 'A y cr N ` L +1 C a1 Q t w E 42 O u° ° E a, C U oc C 3 L L a) U a+ E L�1 In m C f��1 "C L ra O O O N LED Q m m U U H 3 13 CITY OF ... Federal Way This page was intentionally left blank. COUNCIL MEETING DATE: February 07,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:PAEC QUARTERLY REPORT POLICY QUESTION: N/A Information only. COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 1. PAEC Quarterly Report Options Considered: N/A MAYOR'S RECOMMENDA N: N/A MAYOR APPROVAL: f /- ///.g 7 DIRECTOR APPROVAL: 1l I t=renmittec t nuiaeil Initial/Date lnnial/I)atC Intlrel+l]ate COMMITTEE RECOMMENDATION: N/A N/A N/A Dini Duclos, Martin Moore, Susan Honda, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION:N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Is"reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 14 PAEC Project Report Prelim 12/31/2016 PAEC Project Budget/Report Project To Date Sources& Expendiutres thru Prelim Dec. Total Budget 2016 % Revenues: City's Funds $ 11,530,896 $ 11,508,945 99.81% Hotel Site 1,500,000 - 0.00% 4 Culture 2,000,000 2,000,000 100.00% State 4,000,000 3,900,000 97.50% CDBG Section 108 3,000,000 2,924,860 97.50% 70.00% Other Grants(Bldg 4 Arts, Comm.,4Culture) 369,102 359,102 97.29% Private Company 1,000,000 923,770 92.38% 60.00% Naming Rights 3,500,000 - 0.00% Subtotal Sources $ 26,899,998 $ 21,616,677 80.36% 50.00% Interest 38,121 n/a 40.00% Interfund/New Market/Bonding 6,278,902 - 0.00% Total Sources $ 33,178,900 $ 21,654,798 65.27% 30.00% Expenditures: 20.00% Planning, Design, & Design Management 5,220,913 5,183,111 99.28% Construction Management 589,000 298,696 50.71% 10.00% Specialty Consultant 75,942 25,942 34.16% Garco Construction Contract 24,158,160 12,312,741 50.97% 0.00% Time Amount Construction Contigency/FFE 1,780,370 85,980 4.83% Geotech/Testing 213,645 146,479 68.56% Miscellaneous 711,070 711,073 100.00% Subtotal Expenditures $ 32,749,100 $ 18,764,022 57.30% 2%for Arts $ 429,800 $ 8,525 $ 33,178,900 Project Balance $ - $ 2,882,251 Budget To Date Used Construction Time (months) t 20 = 14' 70.00% Construction Budget $ 24,158,160 $ 12,312,741 50.97% * Due to admin fees charged by the State they have deducted $100,000 as admin fees. * Out of$11.53 million left to raise, we have New Market, Naming Rights, and Hotel Pad. * The City will access the Inter Fund loan in February or early March. The Inter Fund loan is due 3 years from the first draw or the loan can be refinanced. 15 1 This page is a placeholder for the discussion item: "FEDRAC Special Meeting for Sustainable Revenue A & B" 16 CITY OF ... Federal Way This page was intentionally left blank. COUNCIL MEETING DATE: February 07,2017 ITEM th CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:HISTORICAL SOCIETY FUNDING POLICY QUESTION: Should the City proceed with the MOU agreement between the City of Federal Way and the Historical Society? COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola, Finance Director DEPT: Finance Attachments: 1. MOU between the City of Federal Way and the Historical Society. Options Considered: 1. Forward the MOU agreement between the City of Federal Way and the Historical Society to the February 07,2017 Council consent agenda. 2. Do not forward the MOU to the Council consent agenda and provide direction to staff. MAYOR'S RECUMMEN TION: Option 1. l MAYOR APPROVAL: t ' DIRECTOR APPROVAL: s�trrtnit c C until Initial/Date Initial/Date InitnfllUate COMMITTEE RECOMMENDATION: I move to forward the MOU agreement between the City of Federal Way and the Historical Society to the February 07, 2017 consent agenda for approval. Din] Duclos, Martin Moore, Susan Honda, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the MOU agreement between the City of Federal Way and the Historical Society to the February 07, 2017City Council meeting for consent". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# _ ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances onl)) ORDINANCE# REVISED—1/2015 RESOLUTION# 17 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY AND HISTORICAL SOCIETY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this 8th day of February 2017, by and between the undersigned representatives of the Historical Society of Federal Way ("Society"), a Washington State nonprofit corporation, and the City of Federal Way ("City"), Washington State Municipal Corporation. WHEREAS, the Society's principal function is to research, record, preserve and educate the public regarding the history of greater Federal Way; and WHEREAS, the Council desires to support the efforts of the Society to provide enhanced educational opportunities at the Cabins, and further its goals as described in its February 6, 2014 strategic planning document; NOW,THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do agree as follows: 1. The Society agrees to perform the following tasks through December 31, 2018: a. Provide light maintenance and cleaning of the Barker and Denny Cabins at Hylebos Park. b. Open the cabins to the public on the second Saturday of each month from 12:00 p.m. to 4:00 p.m. during the months of May through October. c. Ensure that docents are available to provide visitor information to the public. d. Accommodate special events at the Cabins upon request. Past examples have included school tours and Boy and Girl Scout tours. e. Enhance educational experiences by coordinating the presence of additional local groups such as the Northwest woodcarvers, Civil War reenactments, the Crazy Quilters of Federal Way, and the Old Time Fiddlers. f. Collect, document, preserve, conserve the cultural history of Greater Federal Way area. Grow the record by at least 2%. g. Educate the Greater Federal Way by making community presentations, i.e. schools, social classes at least for 5 of those shows per year. h. Obtain funds from various sources to pay for the expansion of programs and facility by increasing the private contribution by 10% over the 2014 amount in 2017. Identify fund raising activities appropriate to the Society's mission and consistent with fundraising strategies. i. Develop and implement strategies to attract a more comprehensive representation of Greater Federal Way community by increasing the membership by 5%per year. j. Expand the relationship with the business community of Greater Federal Way, and School District by increasing business community financial support and School District financial support by 5% per year. 18 k. Provide annual report to the Finance director on the accomplishments of the stated goals and services. 1. The Society will provide a quarterly invoice with interim progress report on the activities identified. 2. In exchange for the services provided by the Society, the City agrees to pay the Society annual sum of twenty thousand and 00/100 dollars ($20,000.00) in 2017 and an annual sum of twenty thousand and 00/100 dollars ($20,000.00) in 2018, for a total of forty thousand and 00/100 dollars ($40,000.00) over the life of the contract. 3. The terms of this agreement will commence upon execution and continue until December 31, 2018. The parties may agree in writing to extend the term of this Agreement. 4. Indemnification. The Society agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) 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 Contract to the extent caused by the negligent acts, errors or omissions of the Society, its partners, agents, employees, or by the Society's breach of this Contract. The City agrees to indemnify, defend and hold the Society, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) 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 Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 5. Insurance. The Society agree to obtain and maintain general liability insurance covering liability arising from premises, operations, personal injury, bodily injury, death, and property damage with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. 6. This Agreement contains all of the agreements of the City and the Society with respect to any matter covered by this Agreement. No provision of this Agreement may be amended or added to except by written agreement signed by both parties. Neither party may transfer or assign any or all of its obligations under the Agreement without prior written consent of the other party. 7. This Agreement shall be governed by and construed in accordance with the law of the State of Washington. IN WITNESS WHEREOF, the City and the Society have executed this Agreement as dated above. CITY OF FEDERAL WAY: Jim Ferrell, Mayor 19 APPROVED AS TO FORM: ATTEST City Attorney, City Clerk, Stephanie Courtney, CMC HISTORICAL SOCIETY OF FEDERAL WAY: Diana Noble-Gulliford, President STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me Diana Noble-Gulliford, to me known to be the President of Historical Society of Federal Way 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 , 20—. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 20 COUNCIL MEETING DATE: February 07,2017 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TAX RECOVERY SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should City Council accept the TRS contract amendment extending the current contract for one year? COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola DEPT: Finance Attachments: 1. Amendment No. 4 2. Amendment No.3 3. TRS Contract Options Considered: 1. Approve TRS contract amendment. 2. Do not approve TRS contract amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: I DIRECTOR APPROVAL: ap t u rk C't,wmuttie t' m Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION:I move to forward the proposed Agreement to the February 07, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the TRS Agreement, effective November 1, 2010 through December 31, 2017 with a total compensation not to exceed 23% of revenue recovered, and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETF-0 BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—1/2015 RESOLUTION# 21 cUrY or CITY HALL Fe d e ra I Way 33325 Avenue South Federal Way,WA 980036325 (253) 835-7000 �Vww aiy0frede"llway.00171 AMENDMENT NO. 4 TO PROFESSIONAL SERVICE AGREEMENT FOR TAX RECOVERY SERVICES This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City") and Tax Recovery Services, LLC (TRS), 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 utility tax audit services ("Agreement") dated effective November 1, 2010, as amended by Amendment Nos. 1, 2 and 3 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, 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 1/2015 CITY OF CITY HALL Fe d eral Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoflederalwelycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY:. ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: City Attorney, TAX RECOVERY SERVICES, LLC: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me to me known to be the (name of sipatory) of that executed the foregoing instrument, (position or lille) (corporation name) 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 , 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT ? - 1/2015 C1 I Y CIF WTy HALL Fe�L"y#■ � 8th Avenue South Federal Way.WA 98003-6325 (253) 835-7000 WWW4 PIti•.,Nodfir,lAvey_corn AMENDMENT NO. 3 TO PROFESSIONAL SERVICE AGREEMENT FOR TAX RECOVERY SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tax Recovery Services, LLC (TRS), 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 Tax Recovery Services("Agreement")dated effective November 1, 2010, previously as amended by Amendment Nos. 1 and 2 as follows: I. 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 241 - 1/2015 c17v or W32 HALL Fe d e l a 8th Avenue South Federal al Way,WA 98003-6325 r _- (253) 835-7000 WWW cily01h iii'.)M 1y.Com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATT'ES"1': Jim -ell, Mayor (i C erk, Stephanie CourtnCIA C DATE: �"�� _ APPROVED AS TO FORM: _f W City Attorney, Amy Jo Pearsall TAX RECOVERY SERVICES (TRS) By: N. Printed Name: p Tit]e: DATE; -- - -- STATE OF WASHINGTON ) ) ss. COUNTY OF Per-,_e ) On this 1day personally appeared ('_1before me I'Ac ck C_(q_ _ _ to me known to be the Pref�G�en` of Iqx �G�JcYrv�ies _ s that executed the foregoing instrument,and acknowledged 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 264 h day of In Mary 201t otary's signature Mowy P:U k otary's printed name Kgr nell 5 r \t sM4 of wa'�°p Notary Public in and for the State of Washington. KANI�LL STEELE y g A>iyAppaftraMExIresO�o24,201d My commission expires_ 1-2-24-2011?; AMENDMENT 252 1/2015 RETURN TO: Robyn Buck EXT: 2527 AN= CITY OF FEDI-RW, .- WAY LAW DEPARTMEN UT 1. ORIGINATING DEPT./DIV: FINANCE 2. ORIGINATING STAFF PERSON: ADE ARIWOOLA EXT: 2520 3. DATE REQ.BY:_01/29/2016_ 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RF13,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 Cl RESOLUTION X CONTRACT AMENDMENT(AG#):_11-027_ ❑ INTERLOCAL ❑ OTHER — 5. PROJECT NAME: UTILITY TAX AUDIT 6. NAME OF CONTRACTOR: TAX RECOVERY SERVICES,LLC(TRS) ADDRESS:P.O.Box 608,SPANAWAY,WA 98387-0608 TELEPHONE_253-223-4986_ E-MAIL:_CRISP@TRS-INTEGRITY.COM _ FAX:---- SIGNATURE AX: __SIGNATURE NAME: MICHAEL CRISP TITLE PRESIDENT 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES x PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: NOVEMBER 1,2010 _COMPLETION DATE: DECEMBER 31,2016 9. TOTAL COMPENSATION$ VARIES-NOT TO EXCEED 23%OF REVENUE RECOVERED_ (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 ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED 1NITTAL/DAFEAPPROVED ❑ PROJECT MANAGER e'DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCILAPPROVAL(IF APPLICABLE) COMMITTEE-APPROVAL DATE: COUNCIL APPROVAL DATE' 12. CONTRACT SIGNATURE ROUTING DATE REC'D:— l~ -2 , J4 SENT TO VENDOR/CONTRACTOR DATE SENT: �"� �, JL�a ❑ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SI NED ❑ LAW DEPARTMENT G Z2- 1L tQ ❑ �EII:-`STAFF I w IGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK �( ❑ ASSIGNED AG# ACI — ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: 11/9 26 My OF HALL ■■ C325 8th Avenue South F€�d e ra I a Y Federal Way.WA 980073-6325 (253) 835-7000 VVWW,14"11foderohvay.c.01n AMENDMENT NO. 3 ,rO PROFESSIONAL SERVICE AGRI+;EMENT FOR TAX RECOVERY SERVICES This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tax Recovery Services, LLC (TRS), 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 Tax Recovery Services("Agreement")dated effective November 1, 2010, previously as amended by Amendment Nos. 1 and 2 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 27 - 1/2015 CITY OF �TY HALL �* 325 8th Avenue South Federal Federal Wad,WA 9800'1-6325 •�� ederaftiVay (253) 835-7000 www ri1yo1h)ao(")Wiy.corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: _ _ '� Jim ell, Mayor �: C erk, Stephanie Court n MC DATE,: _ APPROVED AS TO FORM: City Attorney, Amy Jo Pearsall TAX RECOVERY SERVICES (TRS) By: `^" Printed Name: G Title: DATE: - STATE OF WASHINGTON ) ) ss' COUNTY OF Pert e ) On this day personally appeared before me '1' Acrel , C,,t,Q to me known to be the Pre1;C{�r� Of �q,x that executed the foregoing instrument,and acknowledged the said instnunent 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. 1 GIVEN my hand and official seal this 264h day of In aQ __ _, 20��. otary's signature , Wfty Mk oiary's printed name Kar n el\ Sic--\f - M of washiagm Notary Public in and for the State of Washington. KANIELL STEELE Ally AppoiMmeM Expires Ott 24,7015 My commission expires 1-2-24-201a AMENDMENT 282 - 1/2015 uk-k-pm" Lor-M1 Ir1l.H1 C Ur LIH61L1 I i IIVJUM' 11<►C ' 1/ 3U/2Ulb THIS CERTIFICATEIS 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 131;TWEEN 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 SUBROGATIONIS 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). 'HUf1uLER eorrrAuT NAME; 3ROWN & BROWN OF WA INC/TACOMA/PHS �JVC,NEo.ExQ: (866) 467-8730 c.N.): (888) 443-6112 311153 P: (866) 467-8730 F: (888) 443-6112 DRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAlpi 3AN ANTONIO TX 78265 INSURER A: }t artLOrd Casualty Ins Co NSUIWD INSURER B: INSURER C: PAX RECOVERY SERVICES LLC INSURER D: PO BOX 608 INSURER E 3 PANAWAY WA 98387 INSURER F OVERAGES 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. MR TYPE OF INSUR"CE AUDI SLWR POLICYNU11MER POLICYEFP POLICYEXP LI6IlTS - E TA Dn7T COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, OO0 CLAIMS-MADE I X I OCCUR DAMAGE TO RENTED !! 11 PREMISES Ea occurrence) s300, 000 A X General Liab 52 SBA UQ2101 02/13/2016 02/13/2017 MED EXP(Any one person) $10, 000 PERSONAL&ADV INJURY $1, 000, 000 C,EN'L AGGREGATE LIMIT Af+��FL��IES PER: GENERAL AGGREGATE ..2, 000, 000 POLICY F7] ECO-I X I LOC PRODUCTS-COMP/OP AGG s2, 000, 000 OTHER �� 5 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea acudienk) $1, 000, O00 ANY AUTO BODILY INJURY(Per person) A ALLOWNED SCHEDULED 52 SDA UQ2101 02/13/2016 02/13/2017 BODILY INJURY(Per accident) AUTOS AUTOS NON-OWNEDPROPERTY DAMAGE X HIRED ALTOS X AUTOS (Per accident) UMBRELLA L1AB T OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE g 5 DE RE1'ENY{gN S PEA 0EIr ANDEM LOMRS'LIATION STATUTE ER AND EMPLO PFAS`LIABIL RT ANY PROPRIETOR/PARTNERIEXECUTIVEY/N E.L.EACH ACCIDENT s 1, 000, OOO OFFICER/MEMBER EXCLUDED? A (Mandatory in NH) ❑ MA 52 SBA UQ2101 02/13/2016 02/13/2017 E.L.DISEASE-EA EMPLOYEE 51, 000, 000 If yes,describe under E.L.DISEASE-POLICY LIMIT 81, 0 0 0, 0 0 0 DESCRIPTION OF OPERATIONS below PESCRIP77ONOFOPERATIONS/LOCATIONS/VIFJ#&PMRD 101,Additional Remarks Schedule,may be attached if more space is required) Chose usual to the Insured's Operations. _ F CERTIFICATE HOLDER W 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 v 33325 8TH AVE S FEDERAL WAY, WA 98003 V 1988-2014 ACORD CORPORATION.All rights reserve ►CORD 25(2014101) The ACORD name and logo are registered marks of ACORD 29 BROWN S BROWN OF WA INC/TACOMA/PHS PO BOX 33015 SAN ANTONIO TX 78265 AB 01 006337 58458 E 28 B City of Federal Way 33325 8TH AVE S FEDERAL WAY WA 98003-6325 4CORD 25(2014/01) 30 MSL M/DDYYYY) CERTIFICTE F LIABILITY INSURANCE ft002 1/22/2016 THIS CERTIFICATEIS 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(les)must be endorsed. If SUBROGATIONIS 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). IRi�[lidCER - :)aleA(;I Nr<M.E BROWN & BROWN OF WA INC/TACOMA/PHS a°Ntn,Ext): (866) 467-8730 i .No): (888) 443-6112 811153 P: (866) 467-8730 F: (888) 443-6112 ADDRESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAIC4 SAN ANTONIO TX 78265 INSURERA Hartford Casualty Ins Co 29929 INSURED INSURER B INSURER C TAX RECOVERY SERVICES LLC INSURER D: PO BOX 608 INSURER S PANAWAY WA 98387 INSURER F: 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. INSRTYPE OF INSURANCE -ADDL SUER POLICYNUMBER POLICY£FF POLICYEXP LIMITS INSP M/DD/YYYY :R11�LR�P.iY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 CLAIMS-MADEXI OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) s300, 000 A X General Liab 52 SBA UQ2101 02/13/2016 02/13/2017 MED EXP(Any one person) $10, 000 PERSONAL&ADV INJURY $1, 000, 000 GEWL ACrGaREGATE LIMIT A�PPPLI�S PER: GENERAL AGGREGATE s2, 000, 000 POLICY PRO- X]LOC PRODUCTS-COMP/OP AGG s2, 000, 000 ILL[71 JECT LJ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT _1 000, 0 0 0 (Ea accident) / ANY AUTO BODILY INJURY(Per parson) $ A ALL OWNED SCHEDULED 52 SBA UQ2101 02/13/2016 02/13/2017 BODILY INJURY(Per accident) $ u AUTOS _ AUTOS X HIRED ALIT X NON-OWNED PROPERTY DAMAGE - AUTOS (Per accident) 5 5 UMBRELLA LIABOCCUR EACH OCCURRENCE g EXCESS LIAB CLAIMS-MADE AGGREGATE — DED RETENTION S f $ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY STATUTE I ER ANY PROPRIEfORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT OFFICERIMEMBER EXCLUDED? WA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under 5 E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMP STOP GAP 52 SBA UQ2101 02/13/2016 02/13/2017 $1,000,000/1,000,000/1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Those usual to the Insured's Operations. 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 AUTHORWEDREPRESENTATIVE 33325 8TH AVE S FEDERAL WAY, WA 98003 O 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 31 • DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE Root 1/22/2016 THIS CERTIFICATEIS 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 pollcy(ies)must be endorsed. If SUBROGATIONIS 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 CtWTACT NAME: BROWN & BROWN OF WA INC/TACOMA/PHS lacC,,"No,Exl): (866) 467-8730 inAc,Ne): (888) 443-6112 811153 P: (866) 467-8730 F: (888) 443-6112 ADDRIESS: PO BOX 33015 INSURER(S)AFFORDING COVERAGE NAICN SAN ANTONIO TX 78265 INSURER A: Hartford Casualty Ins Co 29424 INSURED INSURER 0; INSURER C: TAX RECOVERY SERVICES LLC INSURERO_ PO BOX 608 INSURER E: S PANAWAY WA 98387 INSURER F 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 TYPE OF INSURANCE ADDL SUER POLICYNUMBER POLICY EFF POLICYEXP LIMITS 11 rR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000 CLAIMS-MADE ^ OCCUR DAMAGERENTED 3 0 0, 0 0 0 L_! PREMISESS((Ea occurrence) A X General Liab 52 SBA UQ2101 02/13/2015 02/13/2016 MED EXP(Any one person) $10, 000 PERSONAL 8 ADV INJURY $1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2, 000, 000 POLICY O PRO II LOC - PRODUCTS-COMP/OP AGG s 2, 0 0 0, 0 0 0 JECT OTHER. $ AUTOMOBILE LIABILITY CO accident)JINGLE LIMIT 1' 000, O00 ANY AUTO BODILY INJURY(Per person) A ALL OWNED SCHEDULED 52 SBA UQ2101 02/13/2015 02/13/2016 BODILY INJURY(Per accident) AUTOS AUTOS X HIRED AUTO X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DEO RETENTION S WORKERS COMPENSATION PER OTli• AND£MPLO Y£RS•LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE YIN E.L,EACH ACCIDENT OFFICERIMEMBER EXCLUDED? NIA(Mandatory in NH) ❑ E.L.DISEASE-FA EMPLOYEE If yes,describe under s E.L,DISEASE-POLICY DESCRIPTION OF OPERATIONS below LIMIT A EMP STOP GAP 52 SBA UQ2101 02/13/2015 02/13/2016 $1,000,000/1,000,000/1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WIiId THE POLICY 11ROVISIONS. City of Federal Way AUTHORIZED REPRESENTATIVE 33325 8TH AVE Ste_ FEDERAL WAY, WA 98003 lP 198€5-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 32 -[aRETURN TO: �klAC EXT: CITY OF FE RAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:FINANCE 2. ORIGINATING STAFF PERSON:ADE ARIWOOLA EXT: 2520 3. DATE REQ.BY: 12/31/2,01 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION X CONTRACTAMENDMENT(AG#): 11-027 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:UTILITY TAX AUDIT 6. NAME OF CONTRACTOR:TAX RECOVERY SERVICES I.LC TRS ADDRESS:1902157'"S I'E,TACOMA,WA 98445 TELEPHONE 253-223-4986 E-MAIL:TRS r JN-rEGRITy.C_M FAX: SIGNATURE NAME:MICHAEL.I.CRISP TITLE: PRESIDENT 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: NOVEMBER 1,2010 COMPLETION DATE:DECEMBER 31,2015 9. TOTAL COMPENSATION$VARIES,NOT TO EXCEED 23%OF REVENUE RECOVERED(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: $ _ y IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER _ X DIRECTOR 1 ❑ RISK MANAGEMENT (IF APPLICABLE) El LAW 115 11. COUNCILAPPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: a - 15 DATE REC'D:_ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL DATE SIGNED ❑ LAW DEPARTMENT f �[ ❑ CHIEF F STAFF _ ATORY(MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNEDAG# AG# ❑ SIGNED COPY RETURNED DATE SENT: �l )Mv,I K� COMMENTS: �C±~,rre_r utig wtycm i �i w�-. Gv►Ia� l - +�►m Cove �' v l� r�+c�7 3 11/9 I I 33 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.catyof{edera4v aycom AMENDMENT NO.2 TO PROFESSIONAL SERVICE AGREEMENT FOR TAX RECOVERY SERVICES This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tax Recovery Services LLC (TRS), 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 Tax Recovery Services("Agreement')dated effective November 1, 2010, 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 31,2015 ("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 34 1/2015 ` CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way,WA 96003-8325 (253) 935-7000 www crtyuffederalway.corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: r ` errell, Mayor ,i C rk, Stephanie Court ey CMC DATE: APPROVED AS TO FORM: tw City Attorney, Amy Jo Pearsall TAX RECOVERY SERVICES, LLC (TRS) By: _ - -- �- Printed Name: 75 C- Title• e S STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me VIC � a- . to me known to be the of - cam- .,,�' ��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 _ 20�� i"� GHAee "'rrNotary's signature i1ti `ia ",9 � Notary's printed name += y= N°rr, `f*O,b Notary Public in and for the State of Washington. s ` • S My commission expires ? I �{ G iytl7 6tic 4, OW±t4014 . AMENDMENT - 5 1/2010 RETURN TO: THO KRAUS EXT:2520 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM-`i.;, 1. ORIGINATING DEPT./DIV:FINANCE 2. ORIGINATING STAFF PERSON:THo KRAUS EXT: 2520 3. DATE REQ.BY: 10/24/2010 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#):11-027 ❑ INTERLOCAL D OTHER y 5. PROJECT NAME:UTILITY TAX AUDIT 6. NAME OF CONTRACTOR:TAX RECOVERY SERVICES,LLC,(TRS) ADDRESS:19021571"ST E TACOMA,WA 48445 TELEPHONE 253-223-4986 E-MAIL:TRS liN-rEGRi-rv.CoM FAX: SIGNATURE NAME:MICHAEL J.CRISP TITLE:PRESIDENT 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:NOVEIVIuER 1,2010 COMPLETION DATE:DEf:Is{bII3EId 31,2014 9. TOTAL COMPENSATION$VARIES,NOT TO EXCEED 23%OF RE VENUE RECOVERED (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 1F YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER k DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 4LAW (0.3,2.14 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ©'SENT TO VENDOR/CONTRACTOR DATE SENT: b w I !Z DATE REC'D: ( Iy l IZ ❑ATTACH: SIGNATURE AUTHORITY, ISURANCI CERTIFICATE.LICENSES,EXHIBITS INITIAL/DATE SIGNED [FLAW DEPARTMENT *SIGNATORY("wA P... )R)(rva„iar KCITY CLERK 1 1 -1,2 XASSIGNED AG# AG# 11 -07--1 A ❑ SIGNED COPY RETURNED DATE SENT: 12-14-12 COMMENTS: 11/9 36 CITY OF GrrY HALL South Federal Way Fe l y.WA 8003 Federal Way.WA 98S)o3-6325 �25.3y 835-7DOQ rrwww.crtytsl�deraM�ycnm AMENDMENT NO 1 TO PROFESSIONAL SERVICE AGREEMENT FOR TAX RECOVERY SERVICES This Amendment ("Amendment No. 1') is made between the City of Federal Way, a Washington municipal corporation("City"),and Tax Recovery Services LLC,(TRS), a Washington Corporation ("Contractor").The City and Contractor(together"Parties'),for valuable consideration and by mutual consent of the parties,agree to amend the original Agreement for Tax Recovery Services("Agreement")dated effective November 1,2010,as amended by Amendment No(s). 1,as follows: 1. AMEENDED'TERM. The tern of the Agreement,as references!by Section 1 of the Agement 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 31,2014("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,atter 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 Ame rAment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 .. 1/2010 37 CITY OF CtT y HALL Federal Way 33325 8th Avenue Souk Federal Way,WA 98003-6325 (253)535-7000 WWW coin IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: By: Z5 _ & 0i Skip Priest,Mayor City Clerk,Caro McN y,CM ly DATE: 2 - 19 — 12- APPROVED AS TO FORM: t�#WLO'"�F&Z City Alloft,Patricia A Richarilson INSERT CONTRACTOR'S NAME By: Printed Name: \4- ,, <-e Title: Pre y, �n DATE: 1 � STATE OF WA INGTON ) )ss. COUNTY OF14? On this day pmovally ap ore me �.s t to me /mown to be the of t that executed the foregoing ent,and acknowledged the said instrument to 6e 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 VA day of ,20) Notary's signature Notary's printed nam notary Public Notary Public in and for the ofW n. Stats Of Wasl�m"A V MINH CHI)TRON My commission expires I Illi►AppONOwt Expires Apr 12,2013 AMENDMENT 382 - 1/2010 RRD CERTIFICATE OF LIABILITY INSURANCE R04-1 11-05'-20112 THIS CERTIFICATEIS 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 ADDITIONALINSURED,the policy(ies)must be endorsed. If SUBROGATIONIS 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 NAME:. BROWN & BROWN OF WA INC/TACOMA/PHS PHONNP Ex 866 467-8730 FVC Na): (877)905-0457 811153 P: (866) 467-8730 F: (877) 905-0457 MAIL PO PO BOX 33015 ADDRESS: SAN ANTONIO TX 78265 INSURERISIAFFORDINGCOVERAGE NAICLI INSURER A: Hartford Casualt Ins CO INSURED INSURER B INSURER C TAX RECOVERY SERVICES LLC INSURER D 1902 157TH ST E - TACOMA WA 98445 INSURER E IN F 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. PO - -- TYPE Oi WSLIRANCE AOI SUPR � LAN?S L TR MSR INVD POLICY NUMBER _ !MM/DDIYYYY! IMAUD0/YYYY1 GENERAL L14BIJTY EACH OCCURRENCE $ 11000,000 MAGE COMMERCIAL GENERAL LIABILITY PREMISES EeRa crRy- urrence s 300, 000 A CLAIMS-MADE F4 OCCUR MED EXP IAny one Person) S 10,000 X General Liab ❑ 52 SBA UQ2101 02/13/2012 02/13/2013 PERSONAL&ADV INJURY t 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 EN'L AGGRMAT LIMIT PP S PER: PRODUCTS-COMPIOP AGG $ 2, 000, 000 POLICY PRO- A LOC _ _ _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000, 000 ANY AUTO BODILY INJURY War Person) 0 A ALL OWNED SCHEDULED D El 52 SBA UQ2101 02/13/2012 02/13/2013 BODILY INJURY War accident) A AUTOS AUTOS X HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS IPer accident) 9 UMBRELLA LIAROCCUR EACH OCCURRENCE 9 EXCESS LIAB HCLAIMS-MADE [J � AGGREGATE $ DE RETENTION 8 $ WORA:ERS COMPENSATION WC STATU- 0 R- AAD EMPLOYERS'LIABILITY Y I N ANY PROPRIETORAIARTNERIEXECUTIVED NIA ❑ E.L.EACH ACCIDENT 0 OFFS CERIMEMBE R EXCLUDED? --- IMaOdarm In A" E.L.DISEASE-EA EMPLOYE $ If yea,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ A EMP STOP GAP 52 SSA UQ2101 02/13/2012 02/13/2013 $1,000,000/1,000,000/1,000,000 DESCRIPTION OP OPERATmNS/LOCATIONS I VEHICLES(Attach ACORD 101,Addldond RRnmv*x Schsdub,H more space b requied) Those usual to the Insured' s Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Federal Way DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8TH AVE S AUTHORIZED RFFRESFNTATIVE FEDERAL WAY, WA 98003 7A-r— 1� 4(,-4i 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 39 RETURN TO: THO KRAUS EXT:2520 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV:FINANCE 2. ORIGINATING STAFF PERSON:THo KRAUS EXT: 2520 3. DATE REQ.BY: 10/18/2010 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ®PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:UTILITY TAX AUDIT 6. NAME OF CONTRACTOR:TAx RECOVERY SERVICES,LLC,(TRS] • ADD SS:1902157r'S'r E,TACOMA,WA-98445 TELEPHONE 253-223-4986 E-MAIL:TRSaa,,[N'rEGRi,ry.eom FAX: SIGNATURE NAME:MICHAEL J.CRISP TITLE:PRESIDENT 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE:NOV.FMBFR 12010 COMPLETION DATE:*N (SLI�i 12,Or Z 9. TOTAL COMPENSATION$VARIES,NU"r To Exaxp 50%OF REVENIIE RECOVERED (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 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER idlo �(DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 14 ` fp 1_v po p 4--iT_l nems b P I$40pof p-z,6&NUM 0.1 PP 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING X SENT TO VENDOR/CONTRACTOR DATE SENT: dight DATE REC'D: I tf�,ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED H p 1r LAW DEPARTMENT - p2-fl - I I I �� WSIGNATORY(CM OR DIRECTOR) -p Y qyw k-CITY CLERK cm "'a—1Q-!S Ll F7ASSIGNED AG# AG#_I I- X2.1 ®'SIGNED COPY RETURNED DATE SENT: a-1p�11 COMMENTS: i Lf�ro C �iC a4_) 11/9 40 CIN HALL � � 33325 Eighth Avenue South city or Federal Way, WA 98003 Federal Way 253-835-7000 www.cityaffederalway corp) PROFESSIONAL SERVICES AGREEMENT FOR TAX RECOVERY SERVICES This Professional Services Agreement("Agreement")is made between the City of Federal Way, a Washington municipal corporation ("City"), and Tax Recovery Services, LLC, (TRS), a Washington Corporation ("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: TAX RECOVERY SERVICES,LLC,(TRS) v CITY OF FEDERAL WAY: M i chae I .1. Crisp,President Tho Kraus 1902 157"St.E. 33325 8"Ave. S. Tacoma, WA 98445 Federal Way,WA 98003 (253)835-2520(telephone) (253)223-4986(telephone) (253)835-2509(facsimile) TRS@jntegnty.com tho.kraus@cityoffederalway.com The Parties agree as follows: 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 December 31, 2012, or until either party terminates said agreement in accordance with Section 3 of this agreement("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of 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 p erl'onned, 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. 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 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. COiVIP1 NSA'TION. 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 Exhibit"B",attached hereto and incorporated by this reference. Except as otherwise provided in Exhibit"B",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 Agreement. 4.2 Method of Payineiii. The Contractor shall submit an invoice upon completion of each audit as described in the Services. Payment shall be made by the City only after the City actually receives the tax revenue and within thirty (30) days after receipt and approval by the appropriate City reprc.9ontative of the invoice. If the Services do not meet the PROFESSIONAL SERVICES AGREEMENT - l - 1/2010 41 CITY HALL 33325 Eighth Avenue South CITY ofFederal Way, WA 98003 Federal Way 253-835-7000 www.cityoffedewiwuy.rc),yi 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. 5. INIDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives,insurers,attorneys,and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, prcx eedings, judgments, awards, injuries, damages, liabilities,taxes,losses, fines, fees,penalties expemes, 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 officials, 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 understcxxl 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 benefits payable to or by any third party under workers' compensation 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 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 Agrenient 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. INSUIUNCE, 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, as provided in Exhibit "C", attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CON-RI DENTIALTTY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality 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. & WORK PROIDUC�. 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 Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, PROFESSIONAL SERVICES AGREEMENT -2- 1/2010 42 CITY HALL 33325 Eighth Avenue South CITY Of ' �.G.. - Federal Way, WA 98003 Federal Way 253-835-7000 www.d tyof f ederalway.Cort 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 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 shall take all neccssary 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 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 Contractor, shall not be deemed to convert this Agreement to an employment contract. if the Contractor is a sok proprietorship or if this Agi-mment is with an individual, the Contractor agrees 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. Itis 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 Contractors 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, drafting, signing, administration,or evaluating the Contractor's performance. 12. EOUAL 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 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 appreni iaeship. 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 Agreenient conflict with any language in this Agreenient, 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 PROFESSIONAL. SERVICES AGREEMENT -3 - 1/2010 43 CITY HALL 33325 Eighth Avenue South CITY OF Federal Way, WA 98003 Fe d e ira I Way 253-835-7000 www.Cityoffeo ralway.carr) 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 representatives of the Parties. 13.2 Assignment and Beneficiaries. 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 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 Contractees 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 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 aclowwledgment 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. PROFESSIONAL SERVICES AGREEMENT -4 - 1/2010 44 CITY HALL 33325 Eighth Avenue South CITY of Federal Way, WA 98003 Federal Way 253-835-7000 www.a'tyof federal way.corn IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: l Skip Pfles�tM-aycyCity Clerk,Carol McNeilly,C DATE: APPROVED AS TO FORM: dirty At ey, Patricia A Richardson TAX RECOVERY SERVICES, LLC, (TRS) Q - By: L___Vj . _ Printed Name:. ►L4 NN- Title: F—V s: A V DATE: _ _\ .k_\ -AAAA STATE OF WASHINGTON ) ) ss. COUNTY OF pl f Y(-<_ ) On this day personally appeared before me �A c4-we C ri SD to me known to be the Y c of 6, 4�<r—c-e S LL that executed the foregoing instrument, and acknowledged the said instrument to&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 �-1day of S a h V,-A- !-L4_,20 Notary's signature-' ' 's printed name 2AC In 2( W k i)-(_ Notary Public in and for the State of Washington. ilk My commission expires_[1 1 ° 1(o 2,01 w� 1im PROFESSIONAL SERVICES AGREEMENT - 6- 1/2010 45 CITY OF CITY HALL Fei � � ■ ��� 33325 8th Avenue South• Box 9718 GO ■r�`r/ Federal Way,WA 98063-971818 (253)835-7000 wwwcityo(IederalwaY com EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: 1. Audits and tax investigations on selected businesses may be conducted by the Contractor as mutually agreed upon by the City and the Contractor. 2. In performing the audits,TRS will act as an agent of the City of Federal Way, contacting the appropriate businesses,examining their books,and working as necessary with their responsible financial officers and staff. 3. As audits are completed, TRS will keep Federal Way informed as to additional advantageous audits to consider next. 4. TRS will need certain items from the City including: -access to City business license data, including the name of the company to be audited with its address,phone number, state UBI number and business license open date. -if the company is registered,copies of the business'tax return for the past four years plus the current year(requires signed information sharing agreement between TRS and City) -current city map showing city boundaries with street level detail. 5. TRS will provide regular reports on the status of the audit to the City as needed. 6. Once the audit is completed, Tax Recovery Services will supply a copy of the audit to the City of Federal Way for review before a copy of the audit is sent to the taxpayer.TRS will be happy to discuss any part of the audit with the City and answer any questions. 7. TRS will then work with the company to help them understand that the audit is done correctly and in accordance to the law,and that payment is due. Doing this helps insure that the audit recovery is submitted promptly, and that the taxpayer pays his future taxes correctly. 8. In no event will this contract be construed to require the Contractor to act as a collection agency or to provide legal representation in a litigation process. i PROFESSIONAL SERVICES AGREEMENT - 7 6 1/2010 CITY OF CITY HALL Federal Way 33325 8th Avenue South• Box 9718 Federal Way,WA 98063-971818 (253)835-7000 mm..cityoffederalway.com EXHIBIT "B" COMPENSATION 1.. Total Compensation: In return for the Services,the City shall pay the Contractor an amount not to exceed twenty-three percent(23%)of the actual revenue recovered. 2. Method of Compensation: In consideration of the Contractor performing the Services,the City agrees to pay the Contractor according to the following schedule: For each audit or tax investigation,the City agrees to pay the Contractor a fee in the amount of twenty-three percent(23%)of any revenue recovered due to the audit;however,Contractor will not be compensated for money the City receives from taxes owed for periods before or after the audit period. Contractor will be paid only when City receives actual tax revenue. "Revenues recovered"shall be construed to mean all funds received due to the final audit docLunents,plus any additional funds received during the audit phase directly attributable to the commencing or performing of the audit. PROFESSIONAL SERVICES AGREEMENT - 8 - 1/2010 47 CCITY HALL 33325 8th Avenue South-PO Box 9718 y Federal Way,WA 98063-9718 Federal (253)835-7000 mm.ci yoffederalwaycon) EXHIBIT KC" INSURANCE 1. 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 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 Contractor. 2. 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 3. The City shall be named as additional insured on all such insurance policies,with the exception of any professional liability insurance and any workers' compensation coverage(s)if Contractor participates in a state-run workers' compensation program. Contractor shall provide certificates of insurance,concurrent with the execution of this Agreement,evidencing such coverage and, at City's request,furnish the City with copies of all insurance policies and with evidence of payment of premiums or Fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement,except after thirty (30)days prior written notice to the City. 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. PROFESSIONAL SERVICES AGREEMENT -38 1/2010 Secretary of State SAM REED INITIAL ANNUAL REPORT FEE: $10.00 RL'fV N COMMETED FORM AND PAYMENT T0: Entity Name:TAX RECOVERY SERVICES LLC (Checks made payahr a to•Seaetary of State? Payment Due By:10/1212004 Corporations Division FILED Unified Business Identifier:602-403-814 801 Capitol Way South SEC19ETARY OF STATE PO Box 40234 State of Incorporation:WA Olympia,WA 98504-0234 JUN 14 2004 IncJQual.Date:6114=04 STATE OF WASHINGTON TO AVOID DISSOLUTIOWREVOCATION,AN INITIAL ANNUAL REPORT MUST BE FILED AND PROCESSED PRIOR TO:1011212004 Current Registered Agent/Office Registered Agent/Office Changes(Changes must be approved by the Board oI Dnedars) New Registered Agent Name je R r MICHAEL CRISP 1902 157TH E Consent to Appointment _ Signature of New Reg1s&ed Agent TACOMA,WA98445 Required Street . A City_ , Q Liv+�n _State WA Zip Code Optional Mailing Address City State WA Zip Code INITIAL ANNUAL.REPORT SECTION MUST BE FILLED IN COMPLETELY-TYPE OR PRINT IN BLACK INK Principal place of business in WA C\ 9-1 �� _ 1 a,.rr WA S Address Chy Zip Telephone 3, 17 v5-1 Email Nature of Business_ t... ` Foreign Entities-Principal office address in statelcountry of Origin City - -State Zip Country CORPORA-I":PArd or too names and addresses of corporate officers and directors including President,Vice President,Secretary.and Treasurer.If ap[9irab1e the Chair of the Board of Directors and Directors.LLC:Print or type names and addresses of K*mbers or Managers.(attach adMtiarraf tilt if necessary) M'.C\" , " k :>_ Ccs e.'e5: '] -e Name Title Addv" 1 City SL-49 Ap v� QN,�: ; L. C—r; S U , C2 _ \ "c -i- Gay+ - o �'- kn-,- r.t '!;- `�'lC .,- :on Name Me Address city Stets ZIP Name 77tfe Address City State zfp Name - 77116 Address City stets Zip Name Title Address City State Zip 4: CAeInc SIGNATURE &b nature of Chwnr0 of the Board.Officer,MonberormInawksted above Type or PrW Name and Tree Date CORPORATIONS INFORMATION AND ASSISTANCE-3601753-7115(TDD 3601753-1465) Rev.01-004 11103 49 DLB DATE A�C]AI7's CERTIFICATE OF LIABILITY INSURANCE R054 01-21-201)1 THIS CERTIFICATEIS 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 SUBROGATIONIS 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 CONTACT NAMk BROWN & BROWN OF WA INC/TACOMA/PHS PHONE FAx AC Nu Ex ; (866)467-8730 IAIC,Nol: (877)905-045 811153 P: (866) 467-8730 F: (877) 905-0457 E- L ADDRESS P 0 BOX 33015 RODUCER SAN ANTONIO TX 78265 s DHFR x' INSIJAER(S#AFFORDING COVERAGE NAIC p INSURED INSURER A: Hartford Casualty Ins Co 29424 INSURER B TAX RECOVERY SERVICES LLC INSURER 1902 157TH ST. E. TACOMA WA 98445 INSURER D WSUFIEA E _INSURER F _ COVERAGES CERTIFICATE NUMBER: _ REVISION NUMGE W 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. TYPE Of INSURANCE 13216 P-01-- TN—SI? EfP L UMTS LTR NS WVO POLICY NUMBER_ !MM/DD/YYYY1 IMM/DD/YVYY) GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 DAMAGE [0 WN I COMMERCIAL GENERAL LIABILITY PREMISES IE.occurrence) 5 300, 000 A CLAIMS-MADE ®OCCUR MED EXP IAny one person) $ 10, 000 X General Liab 52 SBA UQ2101 02/13/2010 02/13/2011 PERSONAL&ADV INJURY $ 1, 000,000 GENERAL AGGREGATE $ 2, 000,000 'LAGGRE LIMIT _IE{S PER: PRODUCTS-COMP/OPAGG $ 2,-000_,000 POLICY PRI- L��LDC S J�x- - - - AUTOMOBIE LIABIL/rY COMBINED SINGLE LIMIT Me accident) 5 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS r BODILY INJURY(Per accident) $ A SCHEDULED AUTOS 52 SBA UQ2101 02/13/2010 02/13/2011 PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE S RETENTION -WORKERS COMPENSATION T U R LIWC STAMTITS AND EMPLOYERS'LIABILITY - ANY PROPRIETOMPARTNER/EXECUTIVE YIN N/A E.L.EACH ACCIDENT $ 1, 000, 000 A OSRFA^tlE1} EM. EXCLUDED? 52 SBA UQ2101 02/13/2010 02/13/2011 E.L.DISEASE-EA EMPLOYE $ 1, 000 r 000 If yes,describe under k 1,000, 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Addhional Remarks Schedule,N more space Is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Federal Way DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8TH AVE S AUTHORIZED REPRESENTATIVE FEDERAL WAY, WA 98003 _ /9 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 50 BROWN&BROWN OF WA INC/TACOMA/PHS P 0 BOX 33015 SAN ANTONIO TX,78265 City of Federal Way 33325 8TH AVE S FEDERAL WAY, WA 98003 ACORD 25 (2009/09) 51 0 DLB f DATE(MM/DD/YYYYI © CERTIFICATE OF LIABILITY INSURANCE R054 I 01-21-2011 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 SUBROGATIONIS 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 CON'IACi NAiNE: _ BROWN & BROWN OF WA INC/TACOMA/PHSPHONE 811153 P• (866) 467-8730 F: (877) 905-0457 E-MAIL � 1--(8&6)467-8730 fn/�.Nn); 1877}905-045'7 P O BOX 33015 p OR]UCER SAN ANTONIO TX 78265 c.STOMER IDO! INSURERS}AFFORDING COVERAGE NAIC X INSURED INSURERA: Hartford Casualty Ins CO 29424 INSURER B TAX RECOVERY SERVICES LLC INSURER 1902 157TH ST. E. : TACOMA WA 98445 INSURER D INSURER E INSURER F 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 BEiEN REDUCED BY PAID CLAIMS. I�R TYPE OF INSURANCE POLICY NUMBER— I IMMID�D/YYYYI MM/DD/YYYY/ UNITS GENERAL LIABILITY EACH OCCURRENCE S 1,000, 000 DAMAGE:TO COMMERCIAL GENERAL LIABILITY PREMISES Me HEN I 5 300, 000 A CLAIMS-MADE FRI OCCUR MED EXP IAny one person) $ 10,000 X General Liab 52 SBA UQ2101 02/13/201 02/13/2012 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE .$ 2,000, 000 •N'L AC3GR LIMIT A PER: PRODUCTS-COMP/OP AGG 3 2, 000, 000 POLICY PRO-JECI Y LOC S - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 ANYAUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS - BODILY INJURY(Per accident) $ SCHEDULED AUTOS A 52 SBA UQ2101 02/13/2013 02/13/2012 PROPERTY DAMAGE S X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ _ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION 5 _ __ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITYV I N TORY LIMITS ER ANY PHOPME[OWPARTNER/EXECUTIVED N/A E.L.EACH ACCIDENT S 1, 000,000 A fMandER�4NNH) XCLUDED7 52 SBA L7Q2101 02/13/2011 02/13/2012 E.L.DISEASE-EA EMPLOYE B 1, 000, 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L-DISEASE-POLICY LIMIT S 1, 000, 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Addhional Remarks Schedule.H more space Is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City Of Federal Way DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3 3 3 2 5 8TH AVE S AUTHORIZED IIEPRESENTATNE FEDERAL WAY, WA 98003 _ ®1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 52 BROWN&BROWN OF WA INC/TACOMA/PHS P 0 BOX 33015 SAN ANTONIO TX,78265 City of Federal Way 33325 8TH AVE S FEDERAL WAY, WA 98003 ACORD 25 (2009/09) 53 I I v ' DATE(MM/DDIYYYY) CERTIFI&TE OF LIABILITY INSL INCE _ 01-31-2012 THIS CERTIFICATEIS 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 ADDITIONALINSURED,the policy(ies)must be endorsed. If SUBROGATIONIS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERC BROWN & BROWN OF WA INC/TACOMA/PHS PHONE 811153 P : (866) 467-8730 F: (877) 905-0457 PHONE Ext)` (866)467-8730 (AiC,Nalr (877) 905-0457 AIL PO BOX 33015 AQDAI SS: SAN ANTONIO TX 78265 CUSxOrusERID x: INSURF31fS)AFFORDING COVERAGE NAIC q INSURED INSURER A: Hartford CasualLy Ins Co INSURER B TAX RECOVERY SERVICES LLC INSURER 1902 157TH ST. E. : TACOMA WA 98445 NsuRF�f INSURER E INSUHER F - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAI 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. 'LTR. TYPE OF INSURANCE gR yyyD POLICY NUMBER IMM/DD/YYYY7 IMMI>!•0AVY) LIMITS GENERAL LIABILITY EACH OCCURRENCE 9 1, 000, 000 COMMERCIAL GENERAL LIABILITY PREMASES its pccurrertce 5 300, 000 A CLAIMS-MADE U OCCUR MED EXP IAny one person) $ 10, 000 X General Liab 52 SBA UQ2101 02/13/2012 02/13/20131 PERSONAL&ADV INJURY I $ 1, 000, 06-0 1 GENERAL AGGREGATE S 2, 000, 000 -N'L AGGREG T PE' LIMIT AS PER: 9PRODUCTS-COMP/OP AGG S 2, 000,000 POLICY 1_I jR& X LOC - $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa accident) 1, 000, 000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY leer accident) S SCHEDULED AUTOS /� PROPERTY DAMAGE S A X HIRED AUTOS 52 SBA UQ2101 02/13/2012 02/13/2013 (per accident) X NON-OWNED AUTOS S i $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION I TORYWC LIMITS OTH- AND EMPLOYERS'LIABILITY ANY AROPRIETORIPARTNER/EXECUTIVE�V�N E.L.EACH ACCIDENT $ 1, 000, 000 A OFFICER.VEMBER EXCLUDED? Ii N/A 0 0 0 000_ (MnnaldorY InNHI 52 SBA UQ2101 02/13/2012 02/13/2013 E.L.DISEASE-EA EMPLOYE $ 1, + If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1, 000, 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) Those usual to the Insured' s Operations . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Federal Way DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8TH AVE S AUTIIOHIX�. PRESENTATIVE ] FEDERAL WAY, WA 98003 O 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logacp registered marks of ACORD ROWN & BROWN OF WA INC/TACOMA/PHS 0 BOX 33015 4N ANTONIO TX, 78265 04522 City of Federal Way 33325 8TH AVE S FEDERAL WAY, WA 98003 M in N O O N a� OEM mmmm N N N N 0 O ACORD 25 12009/09) 55 LLOYD'S DECLARATIONS POLICY OF ERRORS AND OMISSIONS LIABILITY INSURANCE FOR SPECIFIED PROFESSIONAL SERVICES (Claims First Made and Reported Basis) Effected with Certain Underwriters at Lloyd's POLICY NUMBER: 330647 10 1078 1. NAMED INSURED: Tax Recove Services,LLC ©Individual QPartnership Corporation EjUrnited Liability Corporation Sole Proprietor []Other 2. POLICY PERIOD: From: 05123/10 at 12:01 A.M.To: 05/23/11 at 12:01 A-M. (Local Standard Time) 3. ADDRESS: 1902 157th Street East _ Tacoma,WA 98445 4. NAMED INSURED'S PROFESSIONAL SERVICES: Financial Planning Consultant 5. LIMITS OF LIABILITY,DEDUCTIBLE AND DEFENSE COSTS: A. Limit of Liability Per Claim: $ 1,!pp,gg0 B- Total Aggregate Limit of Liability: I:p00 Opp C. Deductible: $5,ppp Each and Every D. Defense Costs shall be included within the Limits of Liability 6. PREMIUM: Premium: $ 2,800.00 Policy Fee: $ 150.00 State Surplus Lines Fee: $ Stamping Office Fee: $ Total: $ 2,950-00 7. SERVICE OF SUIT: Mendes and Mount,750 Seventh Avenue,New York,New York 10[]19-6829, 8. RETROACTIVE DATE: 04/16107 9. APPOINTED REPRESE NTATWES: Professional Liability Insurance Services,Inc.s Telephone: 512-32M677 Attn:Claims Department Facsimile: 512-327-5834 5802 Thunderbird,Building 10,Suite 100,Lago Vista,TX 78645 E-Mail: claims0plislnc.com dba Professional Liability Insurance Services,Inc.—Underwriting Facilities;Professional Liability Insurance Services-Underwriting Facilities: Texas Professional Liability Insurance Services,Inc.-Underwriting Facilities;Professional Liability Insurance Services,Incorporated-Underwriting Facilities;in the stale of New York and California, CA License#OG17062 as Texas Professional Liabilitv Insurance Services 10. ENDORSEMENTS: Professional Capacity Endorsement; LSW 1001 Several Liability Notice;LMA 5020 Service of Suit Clause(U.S.A.);LMA 5021 Applicable Law(U.S.A.);NMA 1191 Radioactive Contamination Exclusion Clause Physical Damage Direct;NMA 2962 Biological or Chemical Materials Exclusion;NMA 1256 Nuclear Incident Exclusion Clause Liability-Direct(Broad);NMA 1331 Cancellation Clause;AIF 2657 War and Terrorism Exclusion Endorsement; E&O Policy 02109. C otirtersigned: Al t,6 Authorized Aer restr-tativr Cjf rr;ghr 001997-2065,2009 PLI,S,bw Ali rights nrs✓rti•,,,I � ,� }" � 02,09 56 ` CITY of �.. Federal Way BUSINESS REGISTRATION License Number 20-11-100301-00-BL Non-Resident Business Rezistered: TAX RECOVERY SERVICES LLC 1902 157TH ST E TACOMA, WA 98445 Expires:12/31/2011 Category: 7380-Business Srvc.-Misc.-Business Srvc. Conditions: This license is non-transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. RFORA tt SF-AL l� A ++ City Clerk,City of Federal Way This certifies that the above entity has been issued the registration or license listed. City of Federal Way Licensing FEDERAL WAY WA 98063-9718,. COPY MICHAEL&TAMARA CRISP 1902 157TH ST E TACOMA WA 98445 57 CITY OF ... Federal Way This page was intentionally left blank. COUNCIL MEETING DATE: February 21,2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: 2017 AMENDED FEE SCHEDULE RESOLUTION POLICY QUESTION: Should the City Council authorize the approval of the 2017 Amended Fee Schedule Resolution? COMMITTEE: FEDRAC MEETING DATE: January 31, 2017 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Ade Ariwoola DEPT: Finance Attachments: 1. Resolution 2. Exhibit A Options Considered: 1. Approve the Amended Fee Schedule Resolution. 2. Do not approve the Resolution and provide direction to staff. MAYOR'S 14.C'OMMENDATION: Options 1. MAYOR APPROVAL: -7 /- DIRECTOR APPROVAL: 11 95minitI& ft'nun Initial/Date Initial/ hat ial/tsar e COMMITTEE RECOMMENDATION: I move to forward the 2017 Amended Fee Schedule Resolution to the February 21, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2017 Amended Fee Schedule Resolution to the February 21, 2017 City Council regular meeting for consent. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED 15' reading 1 ( ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# 1 REVISED— 1/2015 RESOLUTION# SII s 58 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, amending the fee schedule for 2017 and repealing the fee schedule adopted in Resolution No. 16-711. WHEREAS, the City is authorized under RCW 35A.11.020. 35A.63.100(2), and RCW 19.27.040 to require licenses for the conduct of business, permits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way Revised Code establishes the basis for the assessment and/or collection of such license, permit fees, and service charges; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permit fees and to establish the mid-year Consumer Price Index for All Clerical Workers (CPI- W) for the Seattle-Tacoma-Bremerton area as the basis for such adjustments in Resolutions 98- 281, 01-351, 02-377, 03-406, 04-435, 05-462, 06-490, 07-513, 08-537, 09-567, 10-585, 10-599, 11-612, 12-626, 13-654, 14-673; 15-699; 16-711; and WHEREAS, the City Council has historically adjusted development services and permit fees under the Land Use, Mechanical Code, Plumbing Code, Public Works, Electrical Code, and International Building Codes in accordance to the percentage of inflation measured by the mid- year CPI-W for the Seattle-Tacoma-Bremerton area; and WHEREAS, the Transportation Impact Fees is indexed to provide for an automatic increase each year based on a three-year moving average of the Washington State Department of Transportation Construction Cost Index; and Resolution No. 17- Page I of 21 Rev 1115 59 WHEREAS, the City Council finds it necessary to provide for an annual inflationary adjustment as the basis for an increase; and WHEREAS, the City Council finds it necessary to revise building-related permit fees in order to ensure that fees reflect changes in the types of permits issued, more accurately recover costs associated with permit issuance, to remain consistent with surrounding jurisdictions, and to correct inconsistencies and errors; and WHEREAS, the City Council finds it necessary to revise the City fee schedule upon review of the fee table. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Fee Schedule. The City of Federal Way hereby adopts the Amended 2017 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for fees associated with the various licenses, permit processes, and other business activities of the City. Section 2. Sevcrabilit . If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Resolution No. 17- _ Page 2 of 21 Rev 1115 60 Section 4, Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. The fee schedule adopted by this resolution shall be effective February 21, 2017. An act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 21 st day of February, 2017. CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: _ RESOLUTION NO.: Resolution No. 17- Page 3 of 21 Rev 1115 61