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HomeMy WebLinkAboutFD06-178 - Original - Terrorism Research Center TRC - Regional Disaster Planning Services - 07/12/2006 Records rfib ¢_ WAS NINGTON!6�N Document _r _ .s a CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: �1i/�YI-/e�in_-,_ JI tiWendor Number. JD Edwards Number Contract Number: This is assigned by Deputy City Clerk c } — De..crip.ion: Detail: Project Name: Contract Effective Date: �a/O.� Termination Date: O Contract Renewal Notice (Days): &A Number of days required notice for termination or renewal or amendment Contract Manager: e 0222er=1 i�,One Department: r G Abstract: S Pubhc\RecordsManagement\Forms\ContraclCover\ADCL7832 07/02 KENT WM1S MiN GTDH CONSULTANT SERVICES AGREEMENT between the City of Kent and Terrorism Research Center (TRC) THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Terrorism Research Center (TRC) organized under the laws of the State of Virginia, located and doing business at 4301 N Fairfax Drive, Suite 305 Arlington, VA 22203,phone 703-380-9194 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: To assist in the continued growth of existing discipline groups and essential expansion to other jurisdictional disciplines and other public/private partners necessary to meet the goals of the Regional Disaster Plan in accordance with the City's Request for Proposal regarding this project and in Consultant's response to that proposal, dated 22 March. 2006. Consultant further represents that the services furnished under this Agreement will be perfonned in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 15, 2007. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Seven Two Thousand (S 72,000.001 for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work descnbed in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. This amount shall be allocated between the planning, training, and exercise goals in accordance with the City's Request for Proposal. The Consultant agrees that the hourly or flat rate charged by it for its services conuacted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement T he Consultant's billing rates shall be as delineated in Exhibit B. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The final bill shall be submitted no later than February 15, 2007 The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in CONSULTANT SERVICES AGREEMENT- ] (Over$10,000) portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant 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. V. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events: A. The work contracted for in this Agreement is paid for with grant funds awarded by the State Homeland Security Program. Should that funding be withdrawn, reduced, or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and poor to the completion of the work, the City may terminate this Agreement B. The Consultant's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the contract work C. The Consultant's failure to complete the work within the time specified in this Agreement. D. The Consultant's failure to make full and prompt payment to subcontractors or for material or labor. E. The Consultant's persistent disregard of federal, state, or local laws, rules, or regulations. F. The Consultant's filing for bankruptcy or becoming adjudged bankrupt G. The Consultant's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Consultant shall not receive any further money due under this Agreement until the contract work is completed. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. VT. iITC( RTMTNATi(1N_ In the hinng of employee_, for the nerfrrmance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin nr the nresenre of any sensory mental or nhvsiral disahility discriminate against anv person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement CONSULTANT SERVICES AGREEMENT-2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harniless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arisi..g cut of cr m connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, p J �' J 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. Xi. C'TTV'6 RTC-'AT nF TNCPFt TT(1N_ Fven thmigh C nsiultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of tnspPrtinn to centre satisfartprii rnminletinn, XII. WORD PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose All work shah be done at Consultant's own risk, and Consultant 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. CONSULTANT SERVICES AGREEMENT-3 (Over$10,000) XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assi ent. An assignment of this Agreement b either art without the written consent of i'� Y g� gr Y party the non-assigning art shall be void. If the non-assigning party gives its consent an assi ent the s gn g party o m a y g e t to y grim term Im g p of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Aueement, The xxrrittPn nroxrisions and terms of thic Agreement toAPtljer Wlth any Y. o -- - Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering In an}' rn'ntier thig Agreement, All rnf the above documents are hereby made n part of thic Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terns of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. CONSULTANT SERVICES AGREEMENT-4 (Over$10,000) IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By- By (signature) (signature) Print Name: Ed Reed Print Nan!) uz tte Cooke Its TRC - Program Manager Its Mayor (Title) ,_ r (Title) DATE: �� �xi�_ � ` (= L` DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mr. Ed Reed Mr. Jim Schneider, Fire Chief Terrorism Research Center- TRC City of Kent Fire Department 4301 N Fairfax Drive, Suite 305 220 Fourth Avenue South Arlington, VA 22203 Kent, WA 98032 703-380-9194 (telephone) (253) 856-4300 (telephone) 703-935-2666 (facsimile) (253) 856-6300 (facsimile) APP OVED AS TO FORM: 1 � Kent aw D tnent P\CtvtllFlLES1OpenFiles\0040-20041Regtonafl)mwta-Ta nsmCoordmator dw CONSULTANT SERVICES AGREEMENT-5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discrunmate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this `7 day of �'i�d ' , 200�-. By: For: ye. o--v:l.�� i �� �.� -•.� ��..«.�..�i-` ..... -�. t .�t � 6Z! L Title: Date: i- EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affinnative steps. 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or tennination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_ By: For: Title: Date: a EEO COMPLIANCE DOCUMENTS-3 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arse from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability ansing from premises, operations, independent contractors, products-completed operations, personal mlury and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage approved by the Risk Manager. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, S2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. 1. The Consultant'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 Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as EXHIBIT A additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A M. Best rating of not less than A•VII E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant ACORDTh CERTIFICATE OF LIABILITY INSURANCE 08/01/2007 07/06i 00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Companies,Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 901 15th Street,NW,Suite 650 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Washington DC 20005 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (202)414-2400 INSURERS AFFORDING COVERAGE INSURED INSURERA Lloyd's Of London 1071848 Terrorism Research Center 4301 North Farifax Drive,Suite 305 INSURER B Arlington VA 22203 INSURER C INSURER D INSURER E COVERAGES J2 THIS CERTIFICATE AUTHORIZED RZEDREPRESENTATIVEINSURANCE DOEOCORSPRODUITUTE A CONTRACT BETWEENCERTIFICATE THE 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 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS rA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,00 000 X COMMERCIAL GENEIR�ALTLIABILITY YD011911E 01123/2006 08/01/2007 FIRE DAMAGE An one Lre $ XXXXXXX X CLAIMS MADE a OCCUR, MED EXP An one arson $ XXXXXXX PERSONAL&ADV INJURY it XXXXXXX GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG $ XXXXXXX PRO- POLICY JECT LOC AUTOMOBILE LIABILYTY ANY AUTO NOT APPLICABLE COMBINED SINGLE LIMIT $ XXXXXXX Ea awltlenq ALL OWNED AUTOS BODILY INJURY $ XXXXXXX � SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ XXXXXXX NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ XXXXXXX (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE a XXXXXXX ❑UMBRELLA $ XXXXXXX DEDUCTIBLE FORM s XXXXXXX RETENTION $ is xXX'Xxxx WORKERS COMPENSATION AND NOT APPLICABLE WC STAT T OTH- EMPLOYERS'LIABILITY Fa— E L EACH ACCIDENT $ XXXXXXX EL DISEASE-EA EMPLOYE $ XXXXXXX E L DISEASE-POLICY LIMIT $ XXXXXXX OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/E%CLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Kent is named as an additional Insured under this policy but only as respect,the scope of work performed under the contract with Terronsm Research Center CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION 2613685 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Kent,State of Washington DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn Mr Jim Schenider,Fire Chief 220 Fourth Avenue South NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT_FAIL_URE_,rn�n�coo.���� Kent WA 98032 IMPOSE No-D8UGAAoa-OR-L4Aau 11 ETS-GIR REPRESENTATIVES- AUTHORIZED REPRESENTATIVE \j \ ACORD25-S(7197) Forquesbonsregaraing this certrtmalecoraactthenumberhsteJmthe Producer section alwveenacpemt9 the cheotcoEaBLAOKe1 @ACORD CORIPOR'kTION1988 Message Page 1 of 1 White, Tammy From: Hills, Chris Sent: Thursday, July 06, 2006 1:26 PM To: 'Caudill, Dawn', White, Tammy Cc: Marzano, Dominic Subject: RE City of Kent - Insurance Exhibit Go ahead and send the cert now and well await the endorsement. Thank you... Chris -----Original Message----- From: Caudill, Dawn [mailto:DCaudill@lockton.com] Sent: Thursday, July 06, 2006 1:23 PM To: Hills, Chris; White, Tammy Cc: Marzano, Dominic Subject: RE: City of Kent - Insurance Exhibit Thank you very much Tammy, I received your revised copy too. We will forward this on to London to obtain the additional insured and the primary/non-contributory wording I will check into the separation of insureds language with London as well. I have a request Would it be possible to send the certificate to you now, and the endorsement next week? Since we are dealing with London it will take a little more time than usual I'd rather not hold things up if it can be avoided We expect to have the endorsement no later than Wednesday. Please let me know Thanks, Dawn From: Hills, Chris [mailto:CHills@ci.kent.wa.us] Sent: Thursday, July 06, 2006 2:55 PM To: White,Tammy; Caudill, Dawn Cc: Marzano, Dominic Subject: RE: City of Kent-Insurance Exhibit Dawn, Here is a revised Insurance exhibit as we discussed this morning. Please review and reply with any questions. I believe these changes will address our concerns, but am happy to discuss any additional questions you may have. Thank you, Chris Hills 7/6/2006