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HomeMy WebLinkAboutPD15-121 - Original - Kent Youth and Family Services - Meeker Middle School Drug Prevention/Intervention - 06/15/2015 ® Records anae ntn K�NT W Document I.SHINOTON '. I Y 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 Youth and Family Services Vendor Number: 33841 ]D Edwards Number Contract Number: pm-- 11) This is assigned by City Clerk's Office Project Name: Kent Youth and Family Services for Meeker Middle School Description: Interlocal Agreement ❑ Change Order ❑ Amendment xx Contract ❑ Other: Contract Effective Date: 3/25/15 Termination Date: 6 15 15 Contract Renewal Notice (Days): N/A Contract Manager: Sara Wood Department: Police Detail: (i.e. addresses- location, parcel number, tax id, etc.): Kent Youth and Family Services will provide chemical dependency and prevention/intervention services at Meeker Middle School for students in need. Services include hours of preparation, in person prepatory meetings, faculty/staff information sessionsstudent health class presentations, and coordnation of affected others group. I I S:Publlc\RecordsManagement\Forms\ContractCover\adcc7832 11/08 KENT PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Kent Youth and Family Services THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Youth and Family Services organized under the laws of the State of Washington, located and doing business at 232 2nd Ave S Kent, WA 98032 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: j Chemical dependency and prevention/intervention services to include hours of preparation, in person prepatory meetings, faculty/staff information sessions, student health class presentations, coordination of affected others group. 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 June 15, 2015. III. COMPENSATION. The City shall pay Contractor a total amount not to exceed $3,500 for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit #A. 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 (Under$10,000) i 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. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. 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 PROFESSIONAL SERVICES AGREEMENT - 2 (Under$10,000) 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. 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. H. 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. I. 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. CONTRACTOR: CITY OF KENT lt ® signature) (signature) Print N me: ///1P6n�a/ / zre�l fz_ Print Name: Kenneth E. Thomas Its: J <' ctg Its: Chief of Police (ti e) DATE: �" ��— DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Kent Youth and Family Services Sara Wood 232 2nd Ave S City of Kent Kent WA 98032 220 Fourth Avenue South PROFESSIONAL SERVICES AGREEMENT - 3 (Under$10,000) Kent, WA 98032 (253) 856-5856 (telephone) 253-859-0300 (telephone) (253) 856-6800 (facsimile) 253-859-0745 (facsimile) Ali PROFESSIONAL SERVICES AGREEMENT - 4 (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 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 AIL- 1 five requirements referenced above. Dated this day of /, IL- 1 20-,Ld. By: L „ For: � w�� ��bu'��c1� ✓r ��� ��•��✓,C=�, Title: 4Yc Date: Axb- 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 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 i Exhibit A Contract between City of Kent Police Department and Kent youth and Family services Hourly rate: $30 an hour for a total of 90 hours. Total amount invoiced will be not to exceed $3500. The total also includes payment for mileage at approximately travel of 10 miles round-trip from Kent Youth and Family services to Meeker Middle school per each session at .56's cents per mile for up to 36 trips up to $443.50. I KentYFS55 ¢ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES 'i NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ^ IMPORTANT! Ifthe certificate holder is an ADDITIONAL INSURED,the pallcy(les)must he endorsed. Ir SUBROGRATION IS WAIVED,subject to the terms and conditions of the policy,earaln coverage may require an endorsement. A statement on this ceril6eate does not confer rights is the certificate holder in lieu of such endorsament(s). GENERAL LIABILITY Canfield American Alternative Insurance Corporation 451 Diamond Drive Ephrata, WA 98823 AUTOMOBIE LtABILITY AmericanLAlternative Insurance Corporation Us- PROPERTY Kent Youth and Family Services American Alternative Insurance Corporation 232 2nd Avenue South RSLH Group, Inc. Kent, WA 98032 MISCELLANEOUS PROFESSIONAL LIABILITY Princeton Excess and Surplus Lines Insurance Company Torus Specialty Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYRBSIF`1fiCUt1ANC pliSYNtrry1BBR fS� P POLtC,`[>:l ?r1 IiOk_: LIMEYS 77 1171 rt #1TAHIRIT7E ;. COMMERCIAL GENERAL LIABILITY N1-A2-RL-0000013.06 06/0112014 06/01/2015 PER OCCURRENCE $5,000,000 OCCURRENCE FORM PER MEMBER AGGREGATE $101000,000 INCLUDES STOP GAP PRODUCT-COMP/OP $6,000.000 PERSONAL d ADV,INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$50.000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE $50,OOD,000 ,741ff�31`dC79iLELU1 IL1T,' a r T.. �.> >•>.i::. w. >« I;.,, ---xsrr<e< ax .':a„ <.: :e ex. :...., -: < >..aea, ANY AUTO N1.A2•RL 0000013.06 06101/2014 06/01/2015 COMBINED SINGLE LIMIT $5,000,000 (ABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE .. .. . - - �,>a-M. N1•A2.RL-0000013-06 06/01/2014 06/0112015 ALL RISK PER OCC EXCL EQ 8 FL $55 000,000 EARTHQUAKE PER OCC $1,000,000 FLOOD PER COO $1,000,000 PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE NONE 1.SSGELL;e1 ;9dXPR4AFF, IQFfi7il.ktAll:$T'Y,.:..-. ±s- >,.3. , ,. N1.A3-RL-0000060.06 0610112014 0610112015 PER CLAIM $5,0110,000 (ABILITY IS SUBJECT TO $50,000 SIR PAYABLE FROM PROGRAM FUNDS ANNUAL POOL AGGREGATE $40 000 000 Regarding funding received. The City of Kent and its elected and appointed officials are named as Additional Insured for this funding only and are subject to policy terms, conditions, and exclusions. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS LRflPIGACFiQ4©EFt AI)Cfj3ll(1 RFPJ#' Yfi4JV�< r Parks& Recreation& Human Services ,�-('y�'''((J/� City of Kent Sv'1 ' r l 220 4Ih Ave 5 Kent,WA 98032 2921749 AMERICAN ALTERNATIVE INSURANCE COMPANY ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION (GENERAL LIABILITY) Named Insured Non Profit Insurance Program NPIP Policy Number Endorsement Effective N1-A2-RL-0000013-06 O6101/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY i This endorsement modifies insurance provided under the following; GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated above. Schedule Person or Organization(Additional Insured): As Per Schedule on file with Canfield, Underwriting Administrator Parks&Recreation&Human Services City of Kent 220 4th Ave S Kent,WA 98032 Regarding funding received, The City of Kent and Its elected and appointed officials are named as Additional Insured for this funding only and are subject to policy terms,conditions,and exclusions. A. With respects to the General Liability Coverage Part only,the definition of Insured in the Liability Conditions, Definitions and Exclusions section of this policy is amended to include as an Insured the Person or Organization shown in the above Schedule.Such Person or Organization is an Insured only with respect to liability for Bodily Injury,Property Damage,or Personal and Advertlsing Injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf; l 1. In performance of your ongoing operations;or 2. In connection with your premises owned or rented to you. S. The Limits of Insurance applicable to the additional Insured are those specified in either the: 1. Written contract or written agreement;or 2, Declarations for this policy, whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits Of Insurance shown in the Declarations. AN other terms and conditions remain unchanged. Includes copyrighted material of the Insurance Services Office,Inc.,with Its permission. RL 2763 T2/12 Page 1 of 1 2921750