HomeMy WebLinkAboutAD15-063 - Original - The Falconer Group, LLC - 2015 Mayor's Leadership Retreat - 02/23/2015 q
WHIM
Records , ern
Eioi7" _ Document
WASH) cT-
7Q'-"s04 4
I
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: The Falconer Group LLC
Vendor Number: 220381
JD Edwards Number
Contract Number: !�ti1) '1, - bi2
This is assigned by City Clerk's Office
Project Name: 2015 Mayor's Leadership Retreat
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Consultant Services Agreement
Contract Effective Date: 02/23/15 Termination Date: 02/27/15
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Pam Clark Department: Administration
Detail: (i.e. address, location, parcel number, tax id, etc.):
The Falconer Group is located at 1300 SE Webster Street, Seattle, WA, 98106.
206-324-2061. Agreement provides to the City Council the following service:
1) Prepare to facilitate the meeting
-Meet with Mayor and CAO on two occassions
-Conduct phone interviews with department directors to solicit ideas
2) Facilitate the meeting on February 23, Barn -5pm.
3) Produce the meeting summary
(See Agreement for more details)
BudgetAcct# 10001310.64190.1215
S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
KENT
wAs� N",o
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Falconer Group
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and The Falconer Group organized under the laws of the State of
Washington, located and doing business at 1300 SE Webster Street, Seattle, WA, 98106. 206-
324-2061 (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:
1) Prepare to facilitate the meeting
-Meet with Mayor and CAO
-Conduct phone interviews with Department Directors to solicit ideas
2) Facilitate the meeting on February 23, 8am - 5pm. Hours are approximate.
3) Produce the meeting summary
(See Exh. A for more details)
Consultant 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. Consultant
shall complete the work described in Section I by February 28, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Three Thousand Dollars and no cents ($3,000.00), for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described 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 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 Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit a one time payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
CONSULTANT SERVICES AGREEMENT - 1
(Under$10,000)
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 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. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. 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.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant 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 Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant 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 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.
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.
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
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 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, 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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
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.
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. 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.
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
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 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.
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. 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.
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
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
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.
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: - - �`-1�� -rz - By(j- Rx�
(signature) (signature)
Pri A ame: -Jr s FA ih Print Name: Derek M. Matheson
Its: CALNCYAL. Its: Chief Administrative Officer
(title)
DATE: Qz, Z1. is DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
James Falconer Reid, Principal Derek Matheson, Chief Administrative Officer
The Falconer Group City of Kent
1300 SW Webster Street 220 Fourth Avenue South
Seattle, WA 98106 Kent, WA 98032
206,324.2061 (telephone) (253) 856-5711 (telephone)
-------------- facsimile (253) 856 6700 (facsimile)
P!/Council/Retreat72415iSe,!,.Ag.ment 2o15CouncilRetrea.doc
gg i
CONSULTANT SERVICES AGREEMENT 5
(Under$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•Q,!EC�,wk�tten statement to
all new employees and subcontractors indicating commitment as 'an equal opportunity
employer. et .m,.;.r:
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.
By:
For: E*nn.a cl,
Title: P2lmip-
Date: o2. za IS'
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.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
en
ff-7
TEE FALCONER ROU
JAMES FALCONER REID, PRINCIPAL
1300 SW Webster Street, Seattle, Washington 98106
Phone: (206) 324.2061 Email: Ifalconerreidna,comcast.net
Website: www.falconergroup.net
THE CITY OF KENT'S MAYOR'S LEADERSHIP TEAM (MLT) RETREAT
23 February 2015
THE FALCONER GROUP'S
PROCESS AND SCHEDULE
to Prepare for, Facilitate and Summarize the Meeting
Phases and Tasks Completion Date
I. PREPARE TO FACILITATE THE MEETING 20 February 2015
Jim Reid's tasks include:
• Discuss with City Administrator Derek Matheson and, if she is available,
Mayor Suzette Cook,the issues to be discussed at the MLT retreat.
• Either develop or review and comment on the draft retreat agenda.
• Prepare a few team-building exercises for the retreat and review them
with Derek.
• Review notes from the City Council retreat on February 6`h and 7th and
any from follow-up discussions with Derek and/or the Mayor,as well
as the draft MLT retreat agenda.
• Coordinate with Derek and Pam Clark of the Mayor's Office regarding
retreat logistics.
H. FACILITATE THE MEETING 23 February 2015
Jim Reid's tasks include:
Facilitate the MLT's strategic planning retreat.
(Assume the meeting lasts seven hours.)
• Arrive before the meeting to ensure the room set-up is conducive
to achieving the retreat's goals and objectives and helps keep the
participants actively engaged, and to welcome retreat participants
as they arrive.
(Assume 45 minutes prior to the start of the retreat.)
Stay after the meeting adjourns to follow-up with the participants,
collect my notes and ensure the room is put back the way we found
it. At the conclusion of the meeting, quickly debrief with the Mayor
and City Administrator.
(Assume 30 minutes after the retreat adjourns both days.)
Ill. PRODUCE THE MEETING SUMMARY 6 March 2015
Jim Reid's tasks include:
• Produce a summary of the meeting's key discussions, decisions,
and agreements, paying careful attention to how the summary
can solidify consensus agreements, strengthen teamwork among
the MLT members, and be used by them as a management tool
throughout2015.
• Submit the draft summary to the City Administrator and MLT
members for review and comment.
• If the summary is not sufficiently clear or contains any inaccuracies,
revise it per the participants' comments and submit the final
summary to them.
THE FALCONER GROUP'S
PROPOSED FACILITATION BUDGET
2
Notes:
The Falconer Group's rate is$200.00 per hour.
• The Falconer Group does not charge for travel time and other expenses such as
long distance telephone calls, printing, mailing and faxing.
Phases Hours Cost
I. PREPARE TO FACILITATE MEETING 3.0 $ 600.00
II. FACILITATE THE MEETING 8.0 $ 1,600.00
III. PRODUCE THE MEETING SUMMARY 4.0 $ 800.00
TOTALS: 15.0 $ 3,000.00
3
dl
a
EXHIBIT B
INSURANCE REQUIREMENTS
No Insurance is required for this Contract.
I