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HomeMy WebLinkAboutLW09-261 - Original - Jeffrey Leeper - Contract Prosecution Work - 07/10/2009 't) Records M gemen Ns:' KENT Document WASHINOTOM 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 Clerk's Office. Vendor Name: Vendor Number: JD Edwards Number Contract Number: ,CGL)O9- a(o 1 _ This is assigned by CityClerk's Office Project Name: l ywIao T� Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment �Dontract ❑ Other: Contract Effective Date: Termination Date: Contract Renewal Notice sV Da ( y ) 1 Number of days required notice for termination or renewal or amendment Contract Manager: �I t Ntpwt,C. Department: J AA) ' Vfur�l ate ^� Detail: (i.e. address, location, parcel number, tax id, etc.): S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KEIN PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Jeffrey Leeper THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Jeffrey Leeper organized under the laws of the State of Washington, located and doing business at P.O. Box 17343, Seattle, WA 98127 206-793-5911 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Contract Prosecution Work Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region 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, and Contractor shall complete the work by December 31, 2009. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Ten Thousand dollars for the services described in this Agreement. The City may seek to obtain additional funding and will address any additional funding in excess of $10,000 through an amendment to this agreement. The Contractor shall invoice the City weekly based on time and materials incurred during the preceding week. The hourly rates charged for Contractor's services shall be Fifty Dollars ($50.00) an hour. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's PROFESSIONAL SERVICES AGREEMENT - 1 (over$10,000) business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. Contractor 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. VII. INDEMNIFICATION. Contractor 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 the Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor 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. XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 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, including all appeals, 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. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) 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. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. 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 Contractor. 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 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: G✓fl 3-d)S"7 7 �1�22 By. (signature) By: ame: E / LL- (signature) Print Pr t N Suzette Cooke Its: It Ma or (title) -- DATE: DATE: 7 0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Jeffrey Leeper Tami A. Perdue Attorney at Law Chief Prosecuting Attorney P.O. Box 17343 City of Kent Seattle, WA 98127 220 Fourth Avenue South Kent, WA 98032 206-793-5911 (telephone) (facsimile) (253) 856-5770 (telephone) 253 856-6770 facsimile APPROVED AS ORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 3 (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 discriminate 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. T Dated this a 1 J day of 4K&,L , 200 9 . By: For: Title: Date: 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 considered in breach of contract and subject to suspension or termination 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: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES AGREEMENT Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage If necessary, the policy shall be endorsed to provide contractual liability coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $500,000 per accident. 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor and a copy of the endorsement naming the City as 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 Contractor'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. EXHIBIT A (Continued) D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. White, Tammy From: Hills, Chris Sent: Monday, June 22, 2009 11 31 AM To: White, Tammy Cc: Perdue, Tami, Brubaker, Tom Subject: RE Contract Yes, that will be acceptable. Chris From: White, Tammy Sent: Monday, June 22, 2009 11:29 AM To: Hills, Chris Cc: Perdue, Tami; Brubaker,Tom Subject: RE: Contract Chris, Attached is the insurance exhibit you provided us for our contract prosecutors. It requires automobile coverage in the amount of $500,00 each accident for both bodily injury and property damage. The contract prosecutor we are currently using, Jeffrey Leeper, added the City of Kent as an additional insured, but his coverage provides $500,000 for bodily injury for each accident, but only $50,000 for property damage per accident. Will you accept this reduced coverage? « File: ExhibitA.doc>> << File: 20090622112804526.pdf>> Thanks. Tammy Larson-White I Legal Analyst City of Kent Law Department I Z 253 856,5774 1 F 253 856 6770 220 Fourth Avenue South I Kent, WA 98032 1 .n tlwhite(&ci kent wa us This message is private and privileged If you are not the person for whom this message was intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else From: White, Tammy Sent: Tuesday, April 21, 2009 9:54 AM To: Perdue, Tami Subject: Contract Here's the contract form and the insurance exhibit. If Jeffrey doesn't have this amount of auto coverage, we can ask Chris to revise it to what Jeffrey does have. « File ProfessionalServicesAgreement-OverlOK doc>> << File- ExhibitA.doc>> 1 PAGE 1 MAIL MCH-M-I 20338 91739 qlAt If JUNE 9, 2009 USAW AUTOMOBILE POLICY PACKET DM-00925/002219 JEFFREY D LEEPER PO BOX 17343 SEATTLE WA 98127-1043 CIC 00813 46 56 7101 1 POLICY PERIOD EFFECTIVE JUN 10 2009 TO JUL 22 2009 IMPORTANT MESSAGES Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other policy details are correct and meet your insurance needs Required information forms are also enclosed for your review A change to your Automobile Policy has been processed This adjustment affects your current and/or renewal policies Please add the amended policy papers to the appropriate policy This is not a bill Any premium charge or change for this policy will be reflected on your next regular monthly statement Your current billing statement should still be paid by the due date indicated To receive this document and others electronically, or manage your Auto Policy online, go to usaa.com. For US calls. Policy Service (800) 53 1—8111 Claims (800) 531-8222 ACS1 49708-0406 R r PAGE 3 1� USAA CASUALTY INSURANCE COMPANY ADDL INFO ON NEXT PAGE MAIL MCH-M-I AMENDMENT TO (A Stock Insurance Company) State 04 veh POLICY NUMBER USW 9800 Fredericksburg Road - San Antonio, Texas 78288 WA P 191 Ter, 00813 46 56C 7101 1 WASHINGTON AUTO POLICY POLICY PERIOD. (12:01 AM. standard time) AMENDED DECLARATIONS EFFECTIVE JUN 10 2009 TO JUL 22 2009 ATTACH TO PREVIOUS POLICY OPERATORS Named Insured and Address 01 J E F F R E Y D LEEPER 03 THUY N LEEPER JEFFREY D LEEPER PO BOX 17343 SEATTLE WA 98127-1043 Descri tion of Vehicle(s) VEH USES wo s scaoc ANNUAL Miles Days VEH YEAR TRADE NAME MODEL BODY TYPE MILEAGE IDENTIFICATION NUMBEfl SYM One Teel 04 71-A RID SEDAN 4D 5000 KNADC125036254796 13 P he Vehicles) described herein is principally garaged at the above address un ess otherwise stated. wic=worw/scwooi 11=6asmess F=Farm P=Pleasure VEH 04 SEATTLE WA 98117-3246 This po icy prove es those coverages w ere a premium is shown below. a imits shown may be reduced by policy provisions and may not be combined regardless of _the number of vehicles for which a remium is listed unless specifically authorized elsewhere in this policy. COVERAGES LIMITS OF LIABILITY VEH VEH VEH VEH ON ("ACV" MEANS ACTUAL CASH VALUE) D=DED6 PREMIUMH D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM MOUN $ MOUN $ MOUNT $ AMOUNT $ 'ART A - LIABILITY BODILY INJURY EA PER $ 300, 00 EA ACC $ 500 , OOC 113 . 85 PROPERTY DAMAGE EA ACC $ 50, 00 69 . 17 'ART B - PERSONAL INJURY PROTECTIO MEDICAL BENEFITS - EA PER $ 10, 00 INCOME CONTINUATION - $200 PER WEEK LOSS OF SERVICES BENEFITS - $40/DAY MAX , $200/WK MAX , $5 , 000 MAXIMUM TOTAL FUNERAL EXPENSE - $2 , 000 30 . 28 'ART C - UNDERINSURED MOTORISTS BODILY INJURY EA PER $ 300, 00 EA ACC $ 500 , OOC 44 . 66 PROPERTY DAMAGE EA ACC $ 10 , OOC 5 . 96 'ART D - PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS D 25q 36 . 17 TOTAL PREMIUM - SEE FOLLOWING PAGE ( S) tDDITIONAL INTEREST - EMPLOYER ;ITY OF KENT , KENT , WA INDORSEMENTS : ADDED 06-10-09 - A073( 04 ) tEMAIN IN EFFECT ( REFER TO PREVIOUS POLICY ) - A400WA(04) A401CW(01 ) 5100WA( 01 ) A100WA (02 ) 11 1041 RMF35 00 0 In WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas, on this date JUNE 9 , 2009 5000 c Steven Alan Bennett, Secretary Stuart Parker, President PAGW4 USAA CASUALTY INSURANCE COMPANY 4A (A Stock Insurance Company) State D4 vew POLICY NUMBER ' USA® 9800 Fredericksburg Road - San Antonio, Texas 78288 Terr 1 00813 46 56C 7101 1 WASHINGTON AUTO POLICY POLICY EFFECTIVE OJUN 10(12 01 A.M. standard 2 09 TO JUL 22 ti2009 me) AMENDED DECLARATIONS ATTACH TO PREVIOUS POLICY) med Insured and Address JEFFREY D LEEPER PO BOX 17343 SEATTLE WA 98127-1043 scri tion of Vehicle(s) EH USE WORK/SCHOOL ANNUAL Ones Ze, YEAR TRADE NAME MODEL 800Y TYPE MILEAGE IDENTIFICATION NUMBER SYM Way Weew 03 KIA RIO SEDAN 4D 5000 KNADC125036254796 13 P Vehicle(s) escrl a herein is pprinci a garage a e above address Un ess otherwise stated. W/C=Worw/School B=Business F=FSTM,P=Pleasure H 04 SEATTLE WA 9ti11f-5246 This pD icy provides NLY those coverages ere a premium is shown below. The limits shown may be reduced by policy provisions and may not be combined regardless of the number of vehicles for which a remium is listed unless SDeCifiC8llv authorized elsewhere in this olic H AVERAGES LIMITS OF LIABILITY 6-MONTH ("ACV" MEANS ACTUAL CASH VALUE) D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM D=DED PREMIUM MOUN $ MOUN S MOUN $ MOUN S IOLLISION LOSS ACV LESS D 250 123 . 86 RENTAL REIMBURSEMENT $ 30 A DAY/$ 900 MAXIMUN 13 . 50 TOWING AND LABOR 4 .00 AICLE TOTAL PREMIUM 441 . 45 -----------------------------ADJUSTMENT REASO ---------- ---------------------- RT A - BI LIAB LIMIT CHANGED VEH 04 PART C - UIM BI LIMIT C NGED VEH 0 REVISED 6 MONTH PREMIU . . . $ 441 . 45 6 M NTH INCREASE . . . $ 19 . 61 v E E N H H WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary at San Antonio, Texas, on this date JUNE [9 , 200099 -"" 56 00 c Steven Alan Bennett, Secretary Stuart Parker, President PAGE 5 • C I C 00813 46 56 7101 SUPPLEMENTAL INFORMATION US" EFFECTIVE JUN 10 2009 TO JUL 22 2009 The following approximate premium discounts or credits have already been applied to reduce your policy premium costs NOTE Age or senior citizen status, if allowed by your state/location, was taken into consideration when your rates were set and your premiums have already been adjusted VEHICLE 04 ANNUAL MILEAGE DISCOUNT -$ 28 . 83 PASSIVE RESTRAINT DISCOUNT -$ 4 . 79 PREMIER DRIVER DISCOUNT -$ 28 . 83 SUPDECCW Rev 7-95 JUNE 9, 2009 PAGE 5 CIC oo813 46 56 7101 SUPPLEMENTAL INFORMATION USA►A® EFFECTIVE JUN 10 2009 TO JUL 22 2009 The following approximate premium discounts or credits have already been applied to reduce your policy premium costs NOTE Age or senior citizen status, if allowed by your state/location, was taken into consideration when your rates were set and your premiums have already been adjusted VEHICLE 04 ANNUAL MILEAGE DISCOUNT -$ 28 . 83 PASSIVE RESTRAINT DISCOUNT -$ 4 . 79 PREMIER DRIVER DISCOUNT -$ 28 . 83 SUPDECCW Rev. 7-95 JUNE 9 , 2009 REQUEST FOR MAYOR'S SIGNATURE KENNT Please Fill inAll Applicable Boxes WASHIGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator- ' y�,� � L � Phone (Originator): `i IP Date Sent- E I L Date Required ILI Return Signed Document to.�((�� ��� CONTRACT TERMINATION DATE: VENDOR NAME:Ji✓'� DATE OF COUNCIL APPROVAL: Brief Explanation of Document All Contracts Must Be Routed Through the Law Department (This Atea to be Completed 8y the Law Department) I-,(,Received: I 1"'A Approval of Law Dept , Law Dept. Comments: Date Forwarded to Mayor . `7 i L Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition: Date Returned: Iage5870 • 3/05