HomeMy WebLinkAboutIT08-090 - Original - Image Ink Studio - Design Consulting for Midway Web Site - 02/21/2008 Records M emery
KE 'No T Document
W A 9 H I N G 7 G N
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submis ion to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: �'^'``1� ^� S�`'� 'o Vendor Number:
JD dwards Number
Contract Number: J77-619 — 0 C7 0
This is assigned by Mary Simmons
Description: ,crass L--1I &rLJ S A K-4' - (,,,, 7 _
Detail: �{s� n Cis'^ �d► � �i°�^' �Y� S`�
Project Name: n1°idc�1 1P
Contract Effective Date: 2/2" 168 Terminatio Date: �` ^� 301 Z00 6
Contract Renewal Notice (Days): 3
Number of days required notice for termination or renewal or amendment
Contract Manager: r,°�'`� �"'�� ` Departm nt: `� T
Abstract:
ADCL7832 07/02
•
KENT
W A*H I N G T O N
CONSULTANT SERVICES AGR EMENT
between the City of Kent nd
Image Ink Studio
THIS AGREEMENT is made between the City of Kent, a Wa hington municipal corporation
(hereinafter the "City"), and Image Ink Studio organized under the laws of the State of WA,
located and doing business at 12708 Northup Way, Suite 301, Be levue, WA, 98005 (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:
Midway Subarea Planning Web Design Scope of Work
Consultant further represents that the services furnisheq 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 tha work will begin on the tasks
described in Section I above immediately upon the effective da a of this Agreement. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by
June 30, 2008.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time nd materials, an amount not to
exceed $5,000 for the services described in this A reement. This is the maximum
amount to be paid under this Agreement for the w rk described in Section I above,
and shall not be exceeded without the prior writte 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. The Consul ant's billing rates shall be as
delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of ail services described in this
Agreement. The City shall provide payment within fo'ty-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
dispute. In that event, the parties will immediately ake every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties i tend that an Independent
Contractor-Employer Relationship will be created by this Agreeme t and that the Consultant has
the ability to control and direct the performance and details of its ork, the City being interested
only in the results obtained under this Agreement.
V. TERMINATION. Either party may terminate thi Agreement, with or without
cause, upon providing the other party thirty (30) days written n tice 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 pertainingto this project, which may be
used by the City without restriction. If the City's use of Cons Itant s records or data is not
related to this project, it shall be without liability or legal exposur to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontr'ctors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason o race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any senso , 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 olicy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, i demnify 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 attor' ey fees, arising out of or in
connection with the Consultant's performance of this Agreemen , 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' work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that t is Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising o t of bodily injury to persons or
damages to property caused by or resulting from the concurr, nt negligence of the Consultant
and the City, its officers, officials, employees, agents and vol nteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's neglige ce.
IT IS FURTHER SPECIFICALLY AND EXPRESSL UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, OLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLE GE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the ex iration or termination of this
Agreement.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
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 C (insurance not
required) 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 DOC MENTS. 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 recor s submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant sh II make such data, documents,
and files available to the City upon the City's request. The cit '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 xposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the perfor ance and details of the work
authorized under this Agreement, the work must meet the ap roval of the City and shall be
subject to the City's general right of inspection to secure satisfac ory completion.
XII. WORK PERFORMED AT CONSULTANT'S RIS . Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
safety--of
in the performance of the contract work and sha utilize all protection necessary
for that purpose. All work shall be done at Consultant's ow risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or othe articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 f 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 designa ed recycled product.
B. Non-Waiver of Breach. The failure of the City to i sist upon strict performance of
any of the covenants and agreements contained in this Agree ent, or to exercise any option
conferred by this Agreement in one or more instances shall no be construed to be a waiver or
relinquishment of those covenants, agreements or options, and he same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This greement shall be governed by
and construed in accordance with the laws of the State of Washi gton. If the parties are unable
to settle any dispute, difference or claim arising from th 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 he 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.
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
D. Written Notice. All communications regarding this A�greement 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. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigriing 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.
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 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 ill 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.
CONSULTANT: crTY'XkF KENT:
16;�;,
B y:
(signature) signature)
Print Name: C Print Name: MikeCarringto
Its: Its: IT DirUILLUI
DATE: �� ��( �(Title) DATE: 2 � Title)
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Christopher McInerney John Humphreys
Image Ink Studio City of Kent
12708 Northup Way, Suite 301 220 Fourth Avenue South
Bellevue WA 98005 Kent, WA 98032
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
i
425.885.7696 (telephone) (253) 853-4644 (telephone)
425.881.0630 facsimile (253) (fa simile)
[In this field,you may enter the electronic filepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Under$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUINITY 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 a ual 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 o 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 discriminate i employment on the basis of
sex, race, color, national origin, age, or the presence of a I sensory, mental or physical
disability.
3, During the time of this Agreement the prime contractor will �rovicle 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, ill 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 C9 day of r> � , 200 8.
By: 0-W-4�f
For: IM-A<-aG tiNC
Title:
Date: z 11�l�5
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 affirmative 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 co sidered in breach of contract
and subject to suspension or termination for all or part of the Agre ment.
Contract Compliance Officers will be appointed by the Directors f Planning, Parks, and Public
Works Departments to assume the following duties for their respec ive 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 COMPLIA CE STATEMENT
This form shall be filled out AFTER COMPLETION of this project y the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of M-A-c-� ir-1 e.Tv'SD5 tN L.
Company, hereby acknowledge and declare that the before-men ioned company was the prime
contractor for the Agreement known as that was entered into on the
(date) between the firm I repr sent and the City of Kent.
I declare that I complied fully with all of the requirements and ob igations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent qual Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this L-5 day of 8 Qs�^�-� , 200
By: lb- Nw16-s aYL-t! 2-Y
For: LN&P4,-.V_ i -J&e- LS
Title: r e.N C'PK-
Date: ? Aps
EEO COMPLIANCE DOCUMENTS - 3
40
KEN T
W A S H I N G T 0 N
Midway Subarea Planning Web Design
Statement of Work
Exhibit A
Table of Contents
1. SCOPE OF WORK................................................................. .......................................1
2. ENGAGEMENT LOGISTICS.................................................... .........................................1
3. ENGAGEMENT OVERVIEW.................................................... ........................................1
4. STATEMENT OF WORK TASKS.............................................:.........................................1
5. TASK: LOGO........................................................................... .........................................1
6. TASK: PAGE BANNER......................................................... .......................................2
7. TASK: WEB PAGE TEMPLATES............................................ .........................................2
8. TASK: WEB SITE COLOR PALETTE..................................... .........................................3
Exhibit A Midway Subarea Planning Web Design —SOW
1. Scope of Work
This Statement of Work defines the principal activities and responsibilities ofthe Contractor and
the City of Kent (the "City")for the Content Management and Collaboration engagement. This
engagement is not to exceed 40 hours.
2. Engagement Logistics
Work shall be performed either on site at the City's campus at 220 Fourth Avenue South, Kent,
Washington or remotely, depending on the nature cf the effort. This engagement is expected to
be completed in 2008. The contractor will work under the supervision of John Humphreys(the
"City Representative") during this engagement.
3. Engagement Overview
The purpose of this engagement is to provide design for a Web Site that will be used to
communicate information about the Midway Subarea Planning project & provide planning
options to receive feedback from the public. Design deliverables include a logo, page banner, 3
Web page templates, and a color palette.
4. Statement of Work Tasks
Each task is designed to produce one or more deliverables. The cornpletion of each task will be
marked by completion of all its subtasks, and the City Representative's approval of each
deliverable.
Each task listed consists of sub-tasks. The sub-tasks are described at a high-level, and may not
represent all the work that must be carried out to complete the task. Additional steps may be
required for task completion. The tasks, sub-tasks, and additional steps will be detailed in the
project schedule to be finalized at the outset of the engagement
This Statement of Work is contingent upon both the Contractor and tie City fulfilling their
respective responsibilities as defined in this Statement of Work.
If either party falls behind on the completion of their assigned tasks, he other party's allotted
time for completion of dependent tasks shall not be reduced to compensate for the delay. The
number of days for an extension shall be mutually agreed upon.
5. Task: Logo
Description: Develop a logo for the Midway Subarea Planning project.
Contractor Responsibilities:
a. Work with the City Representative to establish agreed logo requirements.
b. Provide design/concept of logo prior to construction.
c. Complete construction of the logo and deliver in *.jpg and *.psd formats,
City Responsibilities:
Page 1
Exhibit A Midway Subarea Planning Web Design —SOW
a. Coordinate and provide access to City resources(e.g., staff, equ pment).
Completion Criteria:
The Contractor will produce the following deliverables as part of this task:
Design & construction of Midway Subarea Planning Project
Logo.
6. Task: Page Banner
Description: Develop a Web Page Banner for the Midway Subare Planning project.
Contractor Responsibilities:
a. Work with the City Representative to establish agreed page ban er requirements
b. Provide design/concept of page banner prior to construction.
c. Complete construction of the page banner and deliver in *.jpg ar d *.psd formats.
City Responsibilities:
a. Coordinate and provide access to City resources (e.g., staff, eq ipment).
Completion Criteria:
The Contractor will produce the following deliverables as part of this task:
Design & construction of Midway Subarea Planning Web Page
Banner.
7. Task: Web Page Templates
Description: Develop three Web page templates for the Midway Subarea Plaming project:
Home Page, Area Navigation Page, General Information Page.
Contractor Responsibilities:
a. Work with the City Representative to establish agreed Web Pag Template requirements.
b. Provide design/concept of Web page templates prior to constru bn.
c. Complete construction of the Web page templates and deliver i *.jpg and *.psd formats.
City Responsibilities:
a. Coordinate and provide access to City resources (e.g., staff, equipment).
Completion Criteria:
The Contractorwill produce the following deliverables as part of this task:
Page 2
Exhibit A Midway Subarea Planning Web Design—SOW
Design & construction of Midway Subarea Planning Web Page
Templates.
8. Task: Web Site Color Palette
Description: Specify the color palette for the Midway Subarea Plan ing Web Site.
Contractor Responsibilities:
a. Work with the City Representative to establish agreedcolor palet e.
b. Present Web Site color palette as part of Web Page Template d sign
c. Specify color palette as implemented in Web Page Template design
City Responsibilities:
a. Coordinate and provide access to City resources (e.g., staff, equ pment).
Completion Criteria:
The Contractor will produce the following deliverables as part of this ask:
Specification of Web Site color palette.
Page 3
Exhibit B
Estimated length of engagement 40 hours
Hourly rate: $125.00
Estimated cost of engagement: $5,000.00
- L
EXHIBIT C
INSURANCE & INDEMNITY REQUI MENTS
No Insurance is required for this Contract.
Humphreys, John
From: Hills, Chris
Sent: Thursday, February 28, 2008 1:53 PM
To: Humphreys, John
Subject: RE: Request for Insurance Waiver for Consultant Contrz ct
John,
Insurance is not required for this Contract.
Chris
-----Original Message-----
From: Humphreys,John
Sent: Thursday, February 28,2008 1:19 PM
To: Hills,Chris
Cc: Humphreys,John
Subject: Request for Insurance Waiver for Consultant Contract
Hi Chris,
I am about to submit a consulting contract for approval for some web design work with a Bellevue company called
Image Ink Studio (to design a Web Site for a Midway Planning grant for the planning department).
Attached are the contract, the scope of work, the rate info, and the insurance w iver note that I am proposing to
submit.
I am writing to request a waiver for insurance for this contract.
Please let me know if that is OK.
Thanks!
John Humphreys
<< File: ImageInk_ConsultantServicesAgreement-UnderlOK.doc >> << File: xhibit A- Midway Subarea Planning
Web Design SOW.doc >> << File: Exhibit B - Rate.doc >> << File: Exhibit C No Insurance.doc >>
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