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AG 21-144 - KENNETH MUSCATEL PH.D.RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Law/Criminal 2. ORIGINATING STAFF PERSON: Tonic Proctor EXT: 2561 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT A 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: Expert services 6. NAME OF CONTRACTOR: Kenneth Muscatel Ph.D. ADDRESS: 411 - 12th Ave., Seattle, WA 96122 'TELEPHONE 206-324-4443 E-MAIL: KennethMusratelPhD.com FAX: Same as phone SIGNATURENAME: Kenneth 11/IUSCatel, Ph.D. TITLE 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: COMPLETION DATE: 9/30/2021 9. TOTAL COMPENSATION $ $4,000 (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 10YES ®NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1500-052-515-30-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER A DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 'FLAW Cer 11./COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D; ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / I]AT SI NED • LAW DEPARTMENT 0 SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK lot O ASSIGNED AG# AG# COMMENTS: 2/20I7 CITY OF CITY !-TALL F ra lea Feder l Avenue South Federal Way, WA 98003-6325 (253) 835.7000 I+nny cfiyoftilderahtihy.com PROFESSIONAL SERVICES AGREEMENT FOR EXPERT SERVICES This Professional Services Agreement ("Agreement') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kenneth Muscatel, Ph.D., a sole proprietor. ("Contractor"). The.City and Contractor (together "Parties") are located and do business at the below addresses, wliich shall be valid for any notice required under this Agreement: KENNETH MUSCATEL, Ph.D Kenneth Muscatel, Ph.D. 411 — 121h Ave, Suite 305 Seattle, WA 98122 206-324-4443 (telephone/facsimile) KennethMuscatclPhD.com The Parties agree as follows: CITY OF FEDERAL WAY: Charlotte Storey 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2590 (telephone) (253) 835-2569 (facsimile) .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than September 30, 2021 ("Term"). This Agecment may be extended for additional periods of tithe upon the mutual written agreement of the Parties. 2. SERVICES. The ContractorshalI perform the services more specifically described in Exhib it A ("Services"), attached hereto and incorporated by this rcferunce, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in efT"ect at the time those services are performed, performed to the Ci ty'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 th a Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, in clu ding b u t It of 1 im itc d to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date o f th is Agreement. Services shall be subject, at all times, to inspection by and approval ofthc 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 terminatcthis Agreement, with orwithout cause, upon providing the other party thirty (3 0) days' written notice at its address set forth above. The City may tenninate this Agreement irtmmedi ately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 o f this Agreement. Termination for such conduct may renderthe Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. III return for ilia Scrviccs, the City shall pay the Contractor an amount not to exceed a max imu m amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by th is re ferenc e. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locke d a t the negotiated rate(s) for the Term. Except as othenvise provided in Exhibit B, the Contractor shall besoIely responsible for the payment oi'any taxes imposed by any lawful jurisdiction as a result ofthc performattce of S e r v ices and payment under this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - Rev.312017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 msiv a 1yoffedotatimy-corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do [tot meet the requirements of this Agreement, the Contractor will correct or madify the work to comply with the Agreement. The City may withhold payment for such work until the work meets rite requirements ofthe Agreement. 4.3 Non -Appropriation o f /funds. if sufficient funds are not appropriated orallocated forpayment u rider th is AgreenlenL for nay future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal 1)criod, and this Agreement will term ina te upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. INDEMN'II:ICATION. 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, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's foes, costs, and/or litigation expenses to a by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arisi ng frorn, resulting from, or in connection with this Agreement or the acts, errors or omissions oftile Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of compete nt jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event ofliability for damages a r i sing 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, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemni fy the City, its elected ol'licials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as theContractor pursuant to this paragrapli. TheCity's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any irninunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purpose of this indeirtnitication. 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. 53 City Indemnification, The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, represetitntives, and sub -contractors harmless from any and all claims, demands, actiotrs, suits, causes ❑faction, arbitrations, mediations, proceedings, judgirrcnts, 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 orconnccted with this Agrcement to the extent solely caused by the negligent acts, errors,or om issions o f the City. 5.4 Survival. The provisiolrs of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or tennination. 6, 1NSCIRANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the perfonmance aftile services or work by (lie Contractor, their agents, representatives, employees, or subcon t rac to rs for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or ternrinati on as follows: PROFESSIONAL SERVICES AGREEMENT -2 - Rcv.3/2017 CITY 0V FederaQ Way, CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mylvellyo110 dorahYAycorn 61. . Nfininium Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than S 1,000,000 for each occu rn nee and $ 2,000,000 general aggregate. b. Workers' compensation andemployer'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 S 1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in thecourse of operation under this Agreement, whether o ccurring by reason of acts, errors orotnissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance o ['insurance as required by this Agreement sh al l n o t b c construed to limit the liability of the Contractor to thee overage provided by such insurance, or otherwise lim it the City' s recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excessof the Contractor's insurance and shall not contribute, with Contractor's insurance. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial gencral liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all comtnercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies ofail insurance policies and with evidence of payment of premiums or fees of such politics. If Contractor's insurance policies are "claims made," Contractor slialI be required to maintain tail coverage fora minimum period ofthree (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6A Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONI+IDENTIALITI'. All information regarding the City obtained by Contractor in performance of this Agreement shall be considcredconfidential and subject to applicable laws. Breach ofconfidentiality by the Contractormay 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 or any public records request. 8. WORK PRODUCT. All originals and copies Qfwork product, includingplans, sketches, layouts, designs, design specifications, records, riles, cornputer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery, The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS, The Contrnc€or agrees to maintain books, records, and documents which suffi c i e nt I y and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedurLs and pructices as may be deemed necessary by the City to assure proper accounting o f all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, a audit by the City, its au thorized representative, the State Audito r, or other governmental officials authorized by law to monitor this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 - Rcv. 3/2017 CITY OF CITY HALL ran Way Feder l Avenue 8003 4�11 (253JrSt3Na"I-7000 98003-6325 ,tnv,vc�{ya1(edr r,hv�y.con) 10, INDEPENDENT CONTIZACT01t. 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 th a t may ari se as an incident of this Agreement. Contractor shall takcall necessary precautions and shall be responsible for the safety o f its employees, agents, and subcontractors in [fie performance of the Services specified in this Agreement and shall a til ixe 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 Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for thebenefitoftheCity, regardless of whether such may provide a secondary or incidental benefit to (lie Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and completeany required form if the Contractor retired under a State of Wash ington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. it is recognized that Contractormay orwill be performing pro fessional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve: any such conflicts of interest in favoroftheCity. Contractorconfirms that Contractordoes not have a business interest or a close family relat'sonsh ip with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, orthe evaluationoftheCotttractor'sperform.ttice. 12, 'EQUAL OPPORTUNITY E,NIPLOYER.In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be n o discrimination by Contractor or its subcontractors of any level, oranyofthose entities' ctnplayees,agents, subcontractors, or representatives against any person because ofsex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, ho norably discharged veteran or military status, sexual orientation including gender expressionor identity, 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, layoffor termination, ratesof pay or other Corms ofcompcnsation, andsclection for training, including apprenticeship, Contractor shall comply with and shall not violate any of the terms o f Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 197 3. 49 CFR Parts 21, 2I.5, and 26, o r any other applicable federal, state, or to cal law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Intcroretation and Modification. This Agreement, together with any attached Exhibits, contains a 11 of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whetlier oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terns of this Agreement shall prevail. The resp ective captions of the Sections of this Agreement are inserted for convenience ofreference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agrccment I at is dccIared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and cffoct. Any act dosic by either Party prior to the effective date of the Agrecsmcnt 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 th is provision, maybe amended, waived, or modifies! except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and I3enefiiciarirs. Neither the Contractornor the City shall have the right to transfer or assign, in who lc or in par4 any or all of its obligations and rights hereunder without the prior written consent of the other Party. I f the non -assign ing party gives its consent to any assignment, the terms of this Agreement shall continue in fu 11 fo rce and effect and no furth cr a ssignmen t shall be made without additional writtenconscnt. Subject to the Foregoing, the rights'and PROFESSIONAL SERVICES AGREEMENT -4 - Rev.3/2017 CITY of Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 sv<vt v c+t yairednrnlwa y cor rI 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 withal I 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 in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates :yet forth in the description of the Services is essential to the Contractor's performance of this Agreement. Anynoticesrequiredtobegiven bythe 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 tile date ofmailing. 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 bythis 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 deiayof the City to declare any breach ordefault immediately upon occurrence shall not waive such breachor default. I:ailurcof the City to declare one breach ordefault doesnot 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 ofthe State of Washington. if the Parties are unable to settle any dispute, differs tree or claim arising from this Agreement, the exclusive means of resolving that d ispute, difference, or claim, shall be by fi I i n g suit under the venue, rules, and jurisdiction of the King County Superior Court, icing County, Washington, unless the parties agree in writing to an alternative process. l f 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 staLe 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, eac h Party sIt all pay a I its legal costs and attorney's fees and expenses incurred in defend ingorbringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to I im it the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on beltalfof 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 It ad signed the same document. All such counterparts shall be construcxl together and shall constitutc one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to forma single instrument comprised of all pages of this Agreement and a complete set orail signature andacknowledgtnent pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be tile "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 3/2017 CITY OF Federal Way CITY MALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835.7000 m nv. olyo ffodomhww.. Coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: dzwoloo-e Jim F 1,A ayor DATE: KENNETI-I MUSCATEL, Ph.D. By: Kent} th Muscatel, Ph DATE: li I ";L-1 ?4;?e �,—/ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ATTEST: hanie Courtney, CM6,6ity Clerk APPROVED AS TO FORM: J. Ryan Call, City A orney On this day personally appeared before me, Kenneth Muscatel, to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this )-I day of U VI 0-- )2021. Notary's signature { C 0 ,�j11►y{1t11l1►r��� Notary's printed nat (lam 6 -ol j%D �SooT rNotary Public in and for the State of Washington. My commission expires °U6LI% PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 3/2017 CITY OF CITY HALL 33325 Sth Avenue South Fe (P"j� e r a I Way Feder el Way. WA 98003-6325 �v J Feder 835-7000 mmc+ly, rledvrallvny.com EXHIBIT A SERVICES 1. The Contractor shall door provide the following; Review all documents provided by defense counsel in support of their motion related to the Defendant's competency on the date of plea, including but not limited to Defendant's proffered medical documents and declaration etc. Review transcript of plea. Review defense motion to withdraw plea and City's response to defense motion. Review defense expert's evaluation and findings. Review recorded testimony from Defendant's counsel at the time of plea regarding his observations and opinions at the time of Defendant's plea, Interview and evaluate the Defendant in an independent evaluation and proffer a conclusion regarding the Defendant's competency on the date of plea. Prepare report with expert findings and conclusions. PROFESSIONAL SERVICES AGREEMENT - 7 - Rev.3/2017 CITY OF Federal Way EXHIBIT B COMPENSATION CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 %Mnv Cdy01k?dfvaA V0y.. com 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Fourth Thousand and no/100 Dollars ($4,000.00). 2. Method of Compensation: Hourly rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: $500.00 per hour PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 Rn� CERTIFICATE OF LIABILITY INSURANCE oaisl o s ' 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(tes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). PRODUCER CONTACT NAME. Trust Risk Mana nmenl Services Inc PHONrc AIC. No Eal : 877.637.9700 FAX (AIC. No): 677.251.5ili Trust Risk Management Services, Inc. EMAIL ADDRESS; 1nfe tmslrma.cvm 1791 Paysphere Circle Chicago, IL 60674 INSURERS AFFORDING COVERAGE NAIC a INSURER A: ACE American Insurance Company 22667 INSURED INSURER B: Kenneth Muscatel INSURER C: INSURER D: 411 12Th Ave Ste 305 INSURER E: Seattle, WA 98122 5523 INSURER F: rn��conr_cc ! Fi7TI61reTP 1JIIMRFR- 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. TNSp ADO 5VGR POLICY EFF POLICY UP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMlDD/YYYY) (MMRIDlYYY`n LIMITS COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ DAMAGES RENTED S CLAIMS MADE ❑ OCCUR PREMISES Ea occurrence) ( MEO E%P (Any one parson) S PERSONAL d ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S PRODUCTS--COMPIOPAGG S PRO- ❑ ❑ �OTMFR POLICY JECT LOC LIMIT $ AUTOMOBILE LIABILITY Ea oaccideDt51NGLE BODILY INJURY (Par Person) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per accident S PROPERTY DAMAGE Per acddont S S UMBRELLA LIA9 OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LUIB CLAIMS -MADE S DED RETENTION S WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERR.IEMBER EXCLUDED? NIA PER OTH- STATUTE ER $ E LEACH ACCIDENT 5 E-L DISEASE -EA EMPLOYE $ E.L. DISEASE -POLICY LIMI S (Mandatory In NH) If Yes, desenbe under ❑ DESCRIPTION OF OPERATIONS below A Psychologist's Professional Liability Retroactive Date: 12/01/1991 5BG22157929 12101/2018 12 O112019 Each Incident Annual Aggregate $2,000,000 $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlNonai Remarks Schedule, may be attached If more space Is required): 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. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD