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HomeMy WebLinkAboutPD14-057 - Original - Kevin M. Gilmartin dba E-S Press, Inc. - Emotional Survival Training - 02/19/2014 . T P Fq OF ESSXVWera ' A GR F F M F N T begs,ween ghie City Of efflt and ifelffn m. niiartin, Ph. . h-a E-S Press, Inc 4H_ S AGREEMENT is made between the City of Kent; a wasmngton municipal cnrpnratian (hereinafter the "City'), and Kr.mn M. GIA.—MrUr., Ph.D., d/b/a E Prue, Inc organized under the laws of the State of Ari7nna, located and doing husiness at 8340 t1i_ Thnmydaie Road # E0-314, Tucson, AriZ^.l:a Q"A1 (hereinafter the-"Contractor). 7. DESCRIPTION OF WORK. Contractor shall perform tl.e following services for the City: See Exhibit A — Scope of Work Contractor further represents that the services furnished under this Agreement will be performed in -dance wit,. generally accepted professional practices v.iMn the Puget Sound region in effect at the time those services are performed. 11. TIME OF COMPLETION. T he parties agree that worst will begin on the tasks described in Section i above ,.,.mediateiy ,;pon '11 effe..I,ve date of this Agreement, and Contractor shall complete tl:e work by February 28, 2014. III. COMPENSATION. The City shah ;jay Contractor a total amount not to exceed $27,500,00 f he d t Ca tr shal e the City a or t,, services ��..ribed in This Agreement. The n attar I ,nvaic� , monthly based an time and materials incurred during the preceding month. 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 C h. 51.08 RCW, the naMes make the following representations; A. The Contractor has the ability to cant:al and direct the performance and details of its work, the City being interested only in the results obtained under This Agreement. a. The Contractor maintains and pays for its o:vn place , 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 i„ . ,e tax purposes that existed before the C'ty retained Contractor's services, or�the Contractor is engaged in an independently established trade, occupa,, prafess,an, business of the same „attire as that involved under this Agreement. D. The Contractor is responsible for filing as they become Clue all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue- F. 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 a�1. . a 'U vied Business identifier (UBI, number from the State of',Uashington. E. The Contractor maintains _- set of h;-ks vedi v d r the nd u,- itS tkUSinesc, if, TERMINATION.. Either party may terminate this Agreement; with or without cause; upon providing the oth_e ^_-rty seven (71 calendar days written notice at its address set forth on the signature block of this Agreement, ttl, DISCRIMINATION, In the hiring of employees for the performance of work under this A.. subcontract, th.� .d, ni ii-1,o 1= _f 4i,e reement or any su con ract, Contractor, Its su „ rag, ,a, r any pc, _.' ng 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 K®nt's Equal Opportunity tunic ctn u } the f Kent Equal Employment .,pp� .. y Policy. u r shall execute e attached City o Ke„ ,ua Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attacked Compliance Statement- VII, The Contractor, E-a PreSsi Inc Shall En_..eppien®a P y gnu s:sa;s nz ltea€t to the exseret covered inthe general llabilfst`� insurance policy submitted to the Cep Kent ena for its revtevr. The contractor to s;a.c t;1e lss:elR �;a:t:o.� .r.�u m Co..Va.. -C.U., M aye ww�`s -- c s___y, Y °' City or Kent as a party to the general liability policy to a �t ,0100-i[11e00 limit, V117. ZNSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of tine types and in the amounts described !n E-bibit m, attached and incorporated by this reference. XE'a, e.cOUTF-ACIOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and mu: clpal !Wws, rules, and regulations that are n w effective ive or in the f„t°. ^ beg e applicable to Contractor's business; equipment, and nersonne! engaged in operations covered�hy this Agreement or accruing out of the performance of those services. All wore Sh.li he A.^ . at Contractor's o`A'n risk and Contractor snail be responsible for any loss of or damage to materials, tools; or other articles used or field for use in connection with the work. A, Recyclable Materials. Pursuant to Chapter 3-80 of the Kent City Code, the City requires its contractors and consultants to use req,cled and recyclable products whenever prate ica le. 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 perrurmarice of any of the ..-..Ls and agree.., n" ...,nta.,,ed in this Agreement, o to _--ercise any option onferred ! y this Agreement in one or more instances snail 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 overning Law. This Agreement shall be governned by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any Alon—.� ll:fF.,a .ter cif fhi� A... c,++a t A.ffe ence or claim arising from the parties' performance v. .1,.- .,y,eu„�...i�, the exclusive means of resolving That dispute, difference or claim; shag only be by _ling suet ens-tislve_y under the venue; rules and rurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alter nati' e dispute resolution process. In any claim or lawsuit for damages a ng f'om the parties' performance of this Agreement; each Party shall nay all its legal costs and attorneys fees incurred in defending or bringing such clairn or lawsuit, including all appeals; in addition to any other recovery or award provided y law; provided, however, -,-.thing in this paragraph shall be construed to limit the City's right to indemnification under Section vc i of this Agreement, Written Notlra, All communications regarding this DnrPpmn nt shall hp cpnt to the nartipq at the addresses listed on the signature pare of the Agreement, unless.notified to the contrary. Any written PROFESSIONAL SERVICES AGREEMENT - 2 (Over$10,000) ,. f;€:t[CE' ^er- U .der 5 dii Decflr(Ee effective 4n rca 11 ) PlSSI` d �S days after the 'Sate O 1-`ER?Idl:tdv J P`20✓i5 ' r2 or ._e if;eu rna=i, and ;ha#1 be deemed sufficle-Uy ;f s t to the -addresseeat the address stated in this Agreement o'r c[ C_^. nTber add Tess as rune oh- h PaffP.r Snprified in wr ifing. a. Fe A ssignr!' - 'Sr.°f ate_ =r:t ;;f ti aS� Ay ree;"rlea.t by £?:t13ei , 'rt`y :Y,,:esvt6'i t:m t'.tte,a runs'v§it of rho 1Gan-assi raing -;?r+;r ;hall he vndr . , F. Mud icu eta,. no ..wives-, alteration; or Moalfic__uon of any or the provisions of this Agreement shall be binding unless in vivriting and signed by a duly authorized representative of the City acid Contract". G. Entire Aornernent. The Written provi--ioris and terms of this Agreement, together with any Exhibits, attached hereto, shall supersede all p;inr er a! sMternentS of any officer or other representative of the City, and such statements shall not he effertivP or he ce:nstrued as entering into or forming a part of or altering in any mHnra r this Ayseement. Should any language in any of tine exhibits to this Agreement conflict twit, any .anguagc c-a^tained in this Agreement, the terms of dhis agreement shall IN WITNESS, t€se ®articu bulaw execute this Agrnament, which Arlaii become effective on the last date enter— m_:_ f ®E4 AR4OR F'YYs/ AP i6P_6E Gtr a ee c e�Cey..s else i s.s a � s.er Mr-IX . r' j / ! s' I y; P" (signatur )� Print v8ilei -7- y YYPl;� 3� _ ci irSK its: _ iIts ayor iI UP:ie` E l! 5 1 sl XgcmS ` O BE SENT TO: NOTICES iv BE �cia o eas: I ` I � CONTRACTOR-. CITY OF KENT: Kevin tA. i:,iirrearin; p'rs.v Assistant thief Padilla 8340 . T1 ^ Aalc load #110-3I4 I Call, of vent cCl'C Department 1 Tucson, A7 85741 140!l in, ;awe Scree: sr,.-. A Ant, AA none (520) 744-0703 (telephone] 1 I (520) 744-9298 ffac"M..iei (253) 85 -0800 1i-Ie honej (253) r_25 -F$tli Pfncs!miipi i ZJAA Kent L}aw Department ' P:\Civil\Fles\Opener-0,.5$.-rc.te..crwoCu\nv,cssinnaiszrvicrsagreemeni-[mctia�al Surviee.Cet PROFESSIONAL SERVICES AGREEMENT - 3 (Orer$10,D00) DECLARATION �acV0 -M ® ee�jT aOPPORTUNITY ��t5 rUM M Tha City, of Kent is Committed to conform to Fe:!ar^s and State ia;;rc regarding an,w Ml nppnri-11nit As such all contractors, sit ucontractors and suppliers Whn parforn't 1hlnrk Shith reiatinn tr) this Agreement shall comply with the- regulations of the laity's equal employment opportunity pnlicine. Tale fulluwirig questions specifically identify the requireri:nips tine City de-eilis necessary for any contractor, subcontractor or supplier on this cnacirir A ra_ecnent to ad€,ore fiq An affirmative response is required on all of the fdidnwing ni0eIztinn5 fnr this Agreement to its valid and bin-inga if any contractor, subcontractor or supplier willfully misrepresents then-iselves with regard to Ulu directives outlines, it Will be considered a hr?ash of rnntrart and it tetiii fin at thn Citv'c finis determination reuardiiig suspension or termination for all or part of the Agreement; The questions are as follows: 1. i have read the attached t iiv Of ent adrfiii iisti sit Va puliry riun�ber 1 2. 2. during the time of this Agreement i v4li not uiSrriminatn in nm piny:::a.^.t on the basis of sax, rare, color, national nrinin, age, or they nrasenra of All sansnrv, ,mental nr nhvsiral D dl5auiliiiity. 3. During the time of this Agreement the prime contractor ::^il provide :yrli-Fen c+ai- Mani- to a!1 nay, employees and subcontractors indiratinq rnmrriitment as an Pniiai nppnrt-iinity employer. d, ia,iiring the time of the Agropment f, the prima rnntrarmr, Will artiveiv consider hiring and footut uflon of women and minorities- a, L i 5. [Je1Vre acceptance nr this Agreement, an adherence 5LCLeI 11e11L will Ue si®n?d U�/ me; the Prime Contru%to r, tha1 Lila rime CO ntrartnr L.VII piicd va Im, UIC requirements as set forth ahove. by signing, balo,re ? agrne to fulflil the five requirements referenced abova. � r 1Y Dated This � � d �ay of � "` ° i;r`/ 20 Ely !i For: Title: �I` c:q Date: EEO Col PLT eNCE DOCUMENTS - 1 CITY OF 's_ENg ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: mane lary 1, 1998 SUEIECT: iv IN R 9 ANDWOMEN SUPERSEDES April 1, 1996 CONTRACTORS APPROVED oY jimi White, Mayor POUCY.. Equal employment oprpoitunity requirements fur the City of Kent will cons anti 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 agreement-, with the City announting to .$yiv,g©ia or more within any given year; must take the following affirmative steps, i. Provide a written statement to all new employees and subcontractors indicating coinflmiti-rent as an equal opportunity employer. 2. Actively consider Tor promotion and advancement available minorities and women. Any contractor, $i,JIJcVI1LItlL.LUI, idr9si71tant or SUUOIiCI who willfully UISICgCIUS the 41LyS nondiscrimination and equal opportunity requirements shall be considered in breach of contract f_.- and subject to suspension or termination for all or part of the Agreement, Contract Compliance Officers will be appointed by the directors of Planning, Parks, and Public Works Depart nents to assume the following duties for their respective departments, a. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and The City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEC COMPLIANCE DOCUMEN i S - 2 CITY OF KEN T EQUAL ;'VIA PLOY M'EnMT OPPORaUNP As B CQ_MA0UA o4CE Sub TFME6Nn This form shall be filled out AFTER Co py F T nM of this project by the C nntractnr awarded the xi Agreement. s, the udder sig,ieu a dui`" represented a crit of r Y Company, hereby acknowledge and declare that the be@ure-nerltloned cornpany was the primiie Lni'1traLLii FOr shC A.Cireerne ift rinovifn C-s that was entered .tlV or., LL e (date) between the firm i represent and the City of Kent. T declare lar ?h c T compiled F..11.. 'LC. IV G sG. I; .J /'- e ICIe LIfaL S l.lJfl:l.fl:CU IU! IMUI all of the reauirements and obligations as outHneU '—n the City 4'r L t�, Policy L I 1 Kent Administrative Policyi.2 and the Declaration %ity of hell) cuuar Employment Opportunity Pnliry that mfas part of the before-mentioned Agreement. Dated this clay of � u 20 . By: For; Title Date: EEO COMPLIANCE DOCUMENTS - 3 .^ope of wft-rlr r Exhiifls_A. A_e _$ � 9 ast�et3^.;�ie'i.� .ae:a e-vad� e'8v Y' Kevin M. Gilmartin,Ph,D. 8340 N Thornydale Road#1 0-314 A ucsonn,AZ 857141 5 iLUA-9_'a 03 ®e t _520 jai_i_r.:in (ei'' 61i vJ�;ry)-1,:na®aes�e�eijaen-veta➢.C®xae Course Description T Ins piesenta[io.`i 1S designed to asl'6SL IaV'l Gil)il)lxnluilt pro-RUs'siorm by L'nc dcvciC)ptrie)dt of butiavinl'dI strategies to inoculate against loss of idealism and inappropriate behavior patterns. It Will review the short and lung-ter_rn cuects on law enforcement officers, on Rath the personal and professional aspects 01 tilcir lives. The CoLasC wiu LusCuss aSUw #Lac unuat eni'firrsiasru Arid desire to professionally eounibute Lail be tiansfnrmed into nega#iva cynicism, social distract and hostility to the world at large that significantly imnar_.ts the inrcl inngls work perfnrinanCe, rlecisinn-main and ulhmai:ely OVeY-a11 e;)ia itv ni i re, Tire course Will also review the impact on the children 01 law elfoCement Families in terms U1 school i2nctinilinq and healtl. The goal cf uile course is to f eve Lw, lava icnal review the yf'.tentlat impact the carei'vr CauSCS '.'..: t�C pei5'OIlaI life a�n4i tin, develop StrataM— fUr Ov'CYaIB --nodal survival. The sirategies are designed to permit the professional to continue functioning effiectir7Cly and PAhicniv w)#_oOt"l-lumtnua-nnS'and without rCS03'Ling LO emotional 1SOla.Lin'1 r�nm IYi,".ndS and tULeaam)e5, i ne Course addressee the (ilmamics that can transform within a matter of a fv_zxr years, idealistic and Committed Officers/e.mplovees into Cynical. anoory inciividnaig evhn hPgin having rh1enities in lint, the personal and professional aapeCts Of their lives, The Course out-Imes the issues that Can potentially see cf is .� e gag rig W. .approp..u�e behavior pate ,s a ld de .,1.ni1=nla ing that leads to ct:. admire"Sitati and Ca unfibn-umately in some officers criminal difficulties. the purpose of the class iv to provide infnrmat?on that lets the spacial assignment officer see how the deterioration process Can tyke place and what spe.Ciaic preventative strategics can be empinypd. The goal of th_c, course is to prniride Linrnr-motion tmm lets —enci PS ireesn, nfnCPrS Committed an l rnUgagP l in productive pniiee work The roi-lrsc aisn gives information t0 emnlnveeg nn hnw not to hePnmP a "_evlf- perceived victim", a descriptor for an off leer or employe, that spends inordinate arnunts of time resenting and tesitimig organizational and supervisory directive, as well as, suffering unnecessary destruction in the personal dimensions of their life. bxperience teLs lac that most lwv rnfnrrcmrnt agencies have to chat with itwprop iatN hcha vior on the Part Of some of icers or eimp P—.s who previously liad exemplary revOYnc� vet we find that agencies typie.3liy do not offer training in attempting to preserve idealism, m_otivation and overall emotional survival for it's employees. This ;;course is presented at all FBI LEEEDS and Executive Development Institutes at the FRI Academy in QnanAcO, Virginia ULKcruictm Mr le, dOV ®ANT SERVICES AGREEME MNI_5 Insurance 'ae`!e CorosuEtant shall procure gnu' ;r;aiihairr for the duration-! of the M reerTierlt, insurance against clairils for Injui ies to persons or damage to property railich !flay arise froiii tonne-ion with the perforlmawce Ct the work hereunder by the C.onsuitant, tkeir agents representatives, employees or sLa'SJco ltraLUU S. MiniFF'GGlPli'G Scooe W-f InsuL-InCe Consultant shall obtain Insurance of the types described below. 1. Automobile 9_Ia UII ILV IrrSij insurance roverlrlg all owned, rlUl l-UV4'iled; rilred and EeaSed vehicles. Coverage shall he w-;tten on .1-su,--rice services &R,._ `T`C,O)i form (.A 00 ui or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractuai liability coverage. 'Digit_ hall - L_ 2. Commercial uerreiar iiauiri<v insurance srlair be =n rltten uri iais occurrence lc,rrii CG 00 01 and shall cover liability arising frorrn premises, operations; Independent contractors; rrCdL'rts-i CY^Yletad operations, Y rsCnai i^j 'ry a.^.d iVer lsl.^.^y injury, and liability assumed under an insured contract'. he City shall be named as an insured under the CSll1$llEtallt'S CU-11Irnercial General 'L-iabiiity insurance policy with respect to the _:pork peiformed for the City using TSC) additional insured endorsement CIS 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Corirperrsation coverage as required by the industrial Insurance laws of tree State o1 Vvasfilr gton. 4. Professional Liability insurance appropriate to the Consultant's profession. Minimum Amount—s nr $nsi-waGsc® Consultant Shall maintain the following insurance Eirnits. i. r Lomobile Liability insurance with a rrn`nimium comibined sinwle limit for bodilv +.nj,rry and property damage of 4,7 nnn,QQn par accident 2. Commercial General Liability incurranra shall he written with limits no less than $1.000,000 each occurrence, $2,0000,000aeneral ae � m nnn nn .a�,Cts L, Io--A operations g aggI egg Lc ar'1u a y ,vvv,'liVV prcnuuL,Ls-iVllipleLeu opera Livlls agyregaLe limit. L'1' shall L_ L 1'__.i 3., Professional 1_,ir'�io11IlV fhs"e_JrArir;e sl`!ai! oC i�ai'it:teri with SIIillts no less tliarl iti nnn nnn ncr Blair.^. anrs annranata limit. Esther Xnsurance Provai.sions a110 insurance policies are LV contaii-, o be endorse) LV COnt0-399, Ll1C 1011Vwin-, provisions for Automobile Liability anti d`"rmrnerLial E_enPrai i_eabiiity inciiranrp; 3.. The Con slw itah t°s insurance coverage snali be En.rimary ins°.trance as restlect the C{''. 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 ce#lfied it 'I, reitJin receipt relaUejled, ,1a1 been U11/4317 to 11,e 'City. 3, %lie City oe Kent $Bali be nearllcu' as eee aduitiunai insured on dii policies (except anDr.^d+feaPscopyi.^..^.alo iahilityjthe p.. ....f rieS�. 4"Jp yr nn h..ehalf. f thi r_.ortsulta[it f endorsement canning the City as addltional insured shall be a«ached t6 tlIC Cei L!d14p tC r31 insurance. t he City reserves t71C rlUlll. LV rel,elVC a Lei Lilled '.`.of)y of all required insurance policies. The Consultant"s Commercia: t.+eneral i iability insurance ance shall also contain l a clause stating that coverage shall apply separately io each insured against whom claim is made ar suit is brought, except with respects to the iimits or me insurer Is Ha.buity, v. Accepta biaiiv o lnsurcrs Insurance is to be placed with insurers with a current A.M. Best rating of not less than V'II. E. Verification o`r Coverage Consultant, shall loinlsi the CiiV with orlglilal Lel LiliGat.e? and a CV-pif of the amendatory endorsements, including but not necessarily limited to I— additional Insured endursernent, evidencing the insurance requirements of the ContraCtor ibeiore commencement of the ` ori,. :. Qui, ontractors Consultant shali include all subcontractors as insureds :ender its policies or shall furnish separate Certificates and endorsements for each subcontractor. All coverages for subcontractors Whd-11 be Subject to all of the same Insurance reoillrer ients as stated herein 1or the rUE IJUILa"l 1L. REQUEST YOR'S SIGNATURE hlT Please Fill in All Applicable Boxes _ Reviewed by Director Originator's Name: A.C. Padilla De t/Div. Police Extension: 5885 Date Sent: February 19, 2014 Date Required: Return to: Kim Komoto CONTRACT TERMINATION DATE: 2/28/14 VENDOR: Kevin M. Gilmartin dba E-S DATE OF COUNCIL APPROVAL, !1/19/13 Press, Inc ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR if applicable Brief Explanation of Document: Professional Services Agreement with Dr. Gilmartin for Fmotionai Survival Training for all police personnel and families. This contract is for $27,500. All Contracts Must Be Routed Through The Law Department i (This area to be completed by the Law Department) Received: f Ni`l Approval of Law Dept.: (� }a � � u Law Dept. Comments: i KFEENT NEED Date Forwarded to Mayor: -� p G� ! ✓ . I t a Shaded Areas To Be Completed By Administration Staff OF CITYCLERK Received: � Y . a . Recommendations and Comments: l Disposition: `; �r /4 � r�� ✓ per, 1°"`'�+lr✓f.�$°..�'y t'�g/`�` .cY"��iO--Z.�Pr�''L�'a¢f'"E„:"".�, �E ?�3 a"'�� P`�'°! 'C �Fff C'c of r.� Date Returned: