HomeMy WebLinkAboutFD08-066 - Original - Pat Ellis, Jr. - Crisis Intervention Consultant - 02/21/2008 Records M erne
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WASHINGTON Document
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CONTRACT COVER SHEET
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This is to be completed by the Contract Manager prior to submisslonj to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name:
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Contract Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name: 0)1r\a Ny- met L.
Contract Effective Date:
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or ren al or amendment
Contract Manager: ��-YY> �.1�1 rie A Aq-
Department:
Abstract:
ADCL7832 07/02
KENT �I�••�l _.___. -- -
WA5 HI NGTG N �i Wes✓
CONSULTANT SERVICES AGREE NffB 2 5 2008
between the City of Kent and
Pat Ellis, Jr.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Pat Ellis, Jr. organized under the laws of the State of Washington, located and
doing business at 24821 2341h Place SE, Maple Valley, WA 98038, telephone number 206-534-3918
(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:
Provide crisis intervention to individuals affected by events attendant to public safety
emergencies, at the request of officers in the Kent Police and Fire Departments, as further
described in the scope of work attached and incorporated as Exhibit A. These services are
generally intended to comfort, support, and provide emotional relief to victims and to otherwise
aid emergency workers. The Consultant shall be available 24 hours daily, 7 days a week, and
will respond within 12 hours of being called.
Consultant further represents that the services furnished under this Agreement will be performed 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 December 31, 2008.
III. COMPENSATION.
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A. The City shall pay the Consultant, based on time and materials, ar amount not to exceed $25,000
during the contract term for the services described in this Agreement. This is the maximum
amount to be paid under this Agreement for the work described iii Section I above, and shall not
be exceeded without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or flat rate
charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)
for a period of one (1) year from the effective date of this Agreement.
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 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
CONSULTANT SERVICES AGREEMENT- 1
(Over$10,000)
portion of the invoice not in dispute. In that event, the partied, 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 inithe results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreementr with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth' on the signature block of this
Agreement. 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. If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
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VI. DISCRIMINATION. In the hiring of employees for the performance 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, or the presence of any sensory, mental, or physical disability, discriminate against any 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.
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VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with t�e 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,
then, in the event of liability for damages arising out of bodily injury to personsi,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 B attached and incorporated by this reference.
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CONSULTANT SERVICES AGREEMENT-2
(Over$10,000)
r IX. EXCHANGE OF INFORMATION. The City will providee 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. CITY'S RIGHT OF INSPECTION. Even though Consultant 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
inspection to secure satisfactory completion.
XII. WORK 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 shall 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.
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. 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 attorneys 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 tq 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.
CONSULTANT SERVICES AGREEMENT-3
(Over$10,000)
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E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. 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. j
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 pf the City and Consultant.
G. Entire Agreement. The written provisions and terms of this ;Agreement, together with any
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 any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms 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.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last
date entered below.
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CONSULTANT: CITY OF KENT:
<�7 By: By: 44,0
/(signature) (signature)
Print Name:"#,,Tr;c,k Te 6/ls Pri N /e:dsuzette� Cooke
Its i ��s g"-yP 6%" o►X;L"�+6_ Its Mayor
(Title) (71U )
DATE: / ?_ c DATE: .Z
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NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
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Pat Ellis, Jr. Jim Schneider, Fire Chief
24821 2340' Place SE City of Kent
Maple Valley, Wa 98038 220 Fourth Avenue Siauth
Kent, WA 98032
206-534-3918 (telephone)
(253) 856-4300 (telephone)
(253) 856-6300 (facsimile)
APPROVED AS TO FORM:
Ke Law De meet
CONSULTANT SERVICES AGREEMENT-4
(Over S 10,000)
Crisis Intervention Coordinator
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As the Crisis Intervention Coordinator,I respond at the request of the,Kent Fire
Department and/or the Kent Police Department to work with the emotional needs of
people involved in a traumatic incident.My primary task is to provide assistance to
community members affected by such events as a source of comfort and support by being
a resource providing the necessary information needed at the time of the incident which
often times reduces the severity of the situation.
Since these types of events are never scheduled, I am available on cal 24 a day,7 days a
week to respond in accordance to the response policies and procedures set forth by the
Kent Fire and Police Departments. (A non-emergency response)
My responsibilities include but are not limited to; on-scene grief counseling,performing
death notifications, crisis intervention,providing information to families about death
situations,working as a liaison between families and fire department personal, law
enforcement personal,Medical Examiner Investigators,and local funeral homes.
I also assist families with the process of dealing with the death of a fWily member by
helping with funeral home arrangements, saying their last good byes,how to tell family
members such as small children,and information on assistance and what steps have to be
taken next. Many families are simply not prepared for these kinds oflevents and having
someone there to help them with the process greatly reduces the stres$and anxiety that
they are experiencing.
Another task I have as the Crisis Intervention Coordinator is to be a resource for
employees of the City of Kent when a traumatic incident takes place in their family or on
the job. My responsibilities include but are not limited to regular visits to the fire
stations,police station and the jail facility. This requires involvement in the life of the
departments by attending briefings,functions,ceremonies,training events,and other
activities.
Other responsibilities as the Crisis Intervention Coordinator include working with Kent's
Emergency Management Office in teaching the Disaster Psychology class as part of the
CERT Program(Community Emergency Response Team) and working with the Police
Department's Peer Support Team as a member and a resource. Another responsibility is
to assist the Public Information Officers of both departments as a liaison with the Kent
School District. I also help coordinate Critical Incident Stress Debriefings and Critical
Incident Stress Management with both police and fire personal and community members.
This includes teaching Critical Incident Stress Management to Fire Recruits. I participate
in presentations such as the Gift of Life Program at Local High Schools by playing a part
in the role play'of a drunk driving crash scene and then speaking during the following
assembly about the effects on the family as a result of drunk driving. This role also
includes participating and attending various city functions as requested by department
heads and event organizers.
EXHIBIT B
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: tv Phone (Originator): L
Date Sent: Date Required:
Return Signed Document to: m CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Explanation of Document:
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All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department) RECEIVED
Received:
Approval of Law Dept..
LAW DEPT
Law Dept.,Comments:
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Date Forwarded to Mayor:
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition:
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Date Returned:
Iage5870 • .3/05