HomeMy WebLinkAboutPK15-089 - Original - Kent Parks Foundation - Contract - 03/03/15 �
F t
Records Ma�n�a eme t"
Document
WASHINGTON x, 4
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: Kent Parks Foundation
I
Vendor Number:
JD Edwards Number
Contract Number: 9r {'
This is assigned by City Clerk's Office
Project Name: Kent Parks Foundation 2014- 2015
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 3/3/2015 Termination Date: 3/3/2016
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Petrole Department: Parks Administration
Detail: (i.e. address, location, parcel number, tax id, etc.):
Annual contract
S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08
i
OT
WAS HINOTOX
2015 CONSULTANT SERVICES AGREEMENT
between the City of Kent and
The Kent Parks Foundation
THIS AGREEMENT is made between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and Kent Parks Foundation organized under the laws
of the State of Washington, located and doing business at 220 4T" Avenue South, Kent WA
98032, P.O. Box 26, Kent, WA 98035 (253) 856-5099 (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:'
I
Assist with grant submittals, conduct fund-raising efforts, and provide other
services as described in the Scope of Services, attached and incorporated
herein as Exhibit A.
Consultant further represents that the services furnished under this Agreement will
be performed in accordance with generally accepted professional practices in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Upon
the effective date of this Agreement, Consultant shall start the work on March 3, 2015 and
complete the work described in Section I by March 3, 2016.
III. COMPENSATION.
A. The City shall pay the Consultant a flat rate of Twenty-Four Thousand and
No/100 Dollars ($24,000.00) 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
supplemental 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.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of
the Agreement, insurance of the types and in the amounts described in Exhibit B attached
and incorporated by this reference.
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.
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.
2015 KPF
i
IN WITNESS, the parties below execute this Agreement, which shall
become effective on the last date entered below.
CONSULTANT: CITY OF KENT:
BY: By: o J .
V
(si natural �f 1 ' (signature)
Print Name: SC') cX t''&de'n'e-'r Font �at'Suzette Cooke
Its: �jceGu rVe 6; rec/-v Qt Mayor
(Title) , (Title)
_
DATE: �� b�t5 DATE: 3
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Sandy Pederson Jeff Watling, Director
Executive Director Kent Parks, Recreation, and Community Svcs
Kent Parks Foundation 220 Fourth Avenue South
PO Box 26 Kent, WA 98032
Kent, WA 98035
(253) 856-5100 (telephone)
(253) 856-5099 (telephone) (253) 856-6050 (facsimile)
APPR VED ASTO F RM:
I r �
Kent Law Department
2015 KPF
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
I
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
Kent Parks Foundation
P.O. Box 26
Kent, WA 98035
(253) 856-5099 KENT PARKS
ken tparksfoundationCoMotmall.com F o v N D A 'r r o N
EXHIBIT A
Kent Parks Foundation and the City of Kent
Scope of Services and Payment Schedule
January I to December 31, 2015
- Scope of Services -
• In Cooperation with City staff, research grants that are 501(c) 3 eligible.
• Facilitate the development of fund raising efforts for a possible pool project.
• Manage/market the Kent Parks Foundation Gift Catalog.
• Further develop Legacy gifting promotion and implementation.
• Facilitate the addition of new Board Members.
• Oversee the completion of taxes for 2014.
• Manage incoming donations for Access to Recreation.
- Payment Schedule -
• Annual $24,000. Foundation may request reimbursement on a quarterly basis.
• A Progress Report must be provided with each billing.
i
Leaving a Legacy
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant 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 Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant 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.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant's Commercial
General Liability insurance policy with respect to the work
performed for the City using ISO additional insured
endorsement CG 20 10 11 85 or a substitute endorsement
providing equivalent coverage.
2. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,006 each occurrence, $2,000,000
general aggregate.
EXHIBIT B (Continued)
i
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:
I
1. The Consultant'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 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 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 Consultant 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 Consultant'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.
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
Consultant 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 Consultant before commencement of the work.
F. Subcontractors
Consultant 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 Consultant.
REQUEST FOR MAYOR'S SIGNATURE
® T Please Fill in All Applicable Boxes ( `
KE7V
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
\Originator: Jeff W. ; Teri P. APPROVALS:
Date Sent: DATE OF COUNCIL APPROVAL: n/a <$25k
Return Signed Documem to: Teri DATE OF CHIEF ADMINISTRATIVE
OFFICER APPROVAL:
VENDOR NAME. Kent Parks Foundation DATE OF FINANCE DIRECTOR
APPROVAL:
Date Reruired:3/20/2015
Phone (Originator): x5101 BUDGETED: YES NO ❑
FUND: Parks Admin Operating Budget
Brief Explaration of Document:
This is an annual contract in the amount of $24,000.00 with Kent Parks Foundation to support the Parks and
Recreation Department's efforts in conservation, education, and acquisition and development of resources through
philanthropy (including planned giving, endowments, structured giving and estate planning) for the period 3/3/2-15
thru 3/3/2015.
All Contracts Must Be Routed Through The Law Department
(This area.to be completed by the Law Department)
P.t'�BtfEdt
Approva": of Law Dept.:
p p
avV Den"__ Comments:
Date Forwarded to Mayor:
Shaded Areas To Be Completed By Administration Staff
R€,:eived
Recor.-mendations and Comments.
Date Retained: -k,