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HomeMy WebLinkAboutPK15-180 - Original - ETC Institute - Contract - 05/14/2015 Re c o e m KENT Document WASHINGTON 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: ETC Institute Vendor Number: JD Edwards Number Contract Number: is 1 This is assigned by City Clerk's Office Project Name: Kent Citizen Statistical Parks Survey Description: ❑Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract El Other: Contract Effective Date 5/5/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Hope Gibson Department: Parks Planning & Dev. Contract Amount: 924,800 00 Approval Authority: ❑ Department Director ❑Mayor ®City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Statistically valid survey on parks with Kent citizens, data to be used by consultant for Parks & Open Space Plan update 2015-16. Division Contract #PPD15-10 I, adccW 10877_8_14 i 0 KEG T WASHIN.GTON CONSULTANT SERVICES AGREEMENT between the City of Kent and ETC Institute THIS AGREEMENT is made between the City of Kent, a Washington municipal, corporation hereinafter the "City")., ( y_), and ETC Institute/Leisure Vision organized under the laws of the State of Kansas; located and doing business at;725 W. Frontier Circle, Olathe, Kansas 66061; (913) 829-1215 (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 As described in Exhibit A, attached: Conduct a full-service statistical research survey with Kent residents to assess citizens' awareness, perception, and usage of the parks and recreation system. i 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 December 31, 2015. III. COMPENSATION. A. The City.shall pay the Consultant, based on time and materials, an amount not to exceed Twenty-four Thousand, Eight Hundred dollars and-no cents ($24,800,00), 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 rates for a period of one 1 9 O p ( ) 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 monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT- 1 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 i Consultant and reserves the option to only pay that portion of the invoice not in i 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.underthis 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 q y s required b Consultants 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 j related to this project, it shall be without 11ability 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 i employment relates.' Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 j i 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 i 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,yin 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 i 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. i 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 ofinspectionto secure satisfactory completion: f CONSULTANT SERVICES AGREEMENT - 3 Info, &y n.nnn) i 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, i 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 toll 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 r 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 i 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 an Exhibits attached hereto shall supersede all prior verbal statements of an officer or Y p p Y 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 j i I i 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 ' I municipal laws, rules, and regulations that are now effective or in the future become applicable i to Consultant's business, ,equipment, and -personnel engaged in operations covered by this i 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, j 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: i By: By: ignatur) (signature) Print Name; � Prin oNae uzette Cooke Its i Ma or ( 'le) DATE; l DATE, NOTICES TO BE SENT TO. NOTICES TO BE SENT TO. CO NSULTANT. CITY OF KENT. V�Ron [ne .Hope Gibson 'ETC Institute City of Kent 72,5 M• Frontier Circle 220 Fourth Avenue South Olathe, KS 66061 Kent, WA 98032 (913) 829-1215 (telephone) (253) 856-5112 (telephone) rvine@,etcinstitute.com hgibson@kentwa.gov APPRO ED AS T FOR Kent Law Department i P:\Planning\Park Plan\200 Parks Plan Update\Scientiflc Survey\E*C Leisure Vlslon-CONTRACt.docx l CONSULTANT SERVICES AGREEMENT- 5 i i j 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 'equal employment .opportunity, policies. The followin uesti g q ons 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. 1 Durin the time of the Agreement I the rime contractor, will actively consider hiring and 9 9 p Y r h 9 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 compiled with the requirements as set forth above By signing below, I agree to fulfill t e five requirements referenced above. By: For. Title; Date: EEO COMPLIANCE DOCUMENTS.- 1 i. CITY OF SCENT i ADMINISTRATIVE POLICY i i I NUMBER; 1.2 EFFECTIVE DATE: January 1, 1998 _i SUBJECT MINORITY.AND,WOMEN SUPERSEDES; April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor I POLICY: I i 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. I 1. Ensuring that contractors, subcontractors consultants and suppliers subject to these PP J 1 regulations are familiar with the regulations and the City's equal employment opportunity 1 olic p y• 2. Monitoringto assure adherence to federal, state and local laws, , policies and guidelines. � J i EEO COMPLIANCE DOCUMENTS 2 f 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 1r ' /4 that was entered into on the (date), between the firm I represent and the City of Kent. I d' ecla re th at at I com plied 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: Fore. G� Title I .� I. pat' e, fe / EEO COMPLIANCE DOCUMENTS - 3 j j EXHIBIT A Leisure Vision{a division of ETC Institute) Scope of Services for Statistically Valid Survey In order to accomplish the objectives for this project, Leisure Vision will conduct the following tasks. Task 1: Project Kick-off and Preparing the Survey Instrument Task U:Site Visit and Design Survey Instrument. Ron Vine,Project Manager will make a site visit to Kent to start the survey process, Leisure Vision will work in partnership with the City of. Kent to develop the survey instrument. It is anticipated that 3-4 drafts of the survey will be prepared before the survey is approved by the City of Kent for testing. The survey will be up..to 6 pages in length(allowing for 24-32 questions,many with multiple components) and take l 0.12 minutes to administer by phone. i Task 1.2 Design Sampling Plan. Leisure Vision will prepare a sampling plan that will ensure the completion of at least 600 surveys of resident households in the City of Kent. The overall results:1 for 600 completed surveys will have a precision of at least+/-4%at the 95%level of confidence. ! Task 1.3 Survey Methodoloy. Leisure Vision is capable of administering the survey entirely by phone,entirely by marl or through a combination of mail and phone,with a web component. Given the negative impact that caller ID has had on phone survey response rates in recent years,and the fact that mail only surveys typically have a low return rates,we recommend administering each ; survey - ,p using a combination of mail hone andweb;to maximize the overall level of resp once. Even, if people do not respond by mail, people who receive the mailed version of the survey are significantly more likely to respond to the survey by phone because they know the 'survey is legitimate. The web-component of the survey can only be completed by those receiving the survey, to ensure the statistically validity of the sampling. Task 1.4: Conduct Pilot Test. .Once the draft survey is developed Leisure Vision will test the survey with at least 10 residents before the survey is administered.Any problems or issues that are identified will be reported to the City and corrective action will be recommended and taken as appropriate. I ` ,I , h I 3 l EXHIBIT A(Continued) i Leisure Vision-(a division of ETC Institute Task 2: Administering the Survey Instrument and Analysis Task 2.1: Mailing-of Surveys. Leisure Vision will design the sample so that a mail survey is first sent out to a random sampling of at least 3,500 resident households in the City of Kent,including a metered return envelope to Leisure Vsion/ETC Institute). The mail survey will also contain a message in the cover letter to non-English speaking households,i.e.Spanish,that will provide al l- 800 phone number to call to have the suiwey administered over the phone in that language and the web address to those who want to take the survey by the web. Task.2.2: Web Survey. Leisure Vision will develop a web version of the survey for those who ;want to take the survey over the web. Task 2.3: Electronic Message to Those Receiving the Surve , Two days prior to receiving the ;mailed survey,each resident household receiving a survey will receive an electronic voice message, ;informing them about the survey and encouraging them to complete the survey. : Task 2.4: Initiate phone calling. Approximately 14 days after the surveys are mailed out, ;extensive phone follow-up is conducted either to encourage completion of the mailed survey or to administer the survey by phone.. I , I This approachg p allows us to target s ecific demographic groups that may not have responded to the ma11e' d survey to ensure that the demographic distribution of the sample closely compares to the actual composition of the commune b factors such as age, race ethnicity, income etc. ETC P community, Y g � � � I Institute will additionally use "weighting as a statistical process in the analysis for further II Y g g P Y '' I refinem ent of census comparisons. I. i; ask ion 2.5. Ensuring Non-English Speaking Populations. Leisure Vision and T ' Re resentat .for N o our arena company ETC Institute have administered surveys in many communities across the United p. States where a high percentage of the population does not speak English as a first language. As a result, we are sensitive to the importance of ensuring that non-English,populations are properly represented in the survey. Leisure VisionQuality Controls, Leisure Vision has an ongoing quality control and quality '! assurance program in all surveys. The program is designed to give clients"error free"results,and all employees at Leisure Vision are directly involved in the program. Dr.Elaine Tatham and Ron Vine, Project Manager directly manage the Quality Control progra m. Taskl2.6: Analyze Data. Following the completion of the survey,Leisure Vision will perform data entry, editing, and verification of the survey responses for each survey. In addition to performing cross=tabulations,Leisure Vision will also conduct GIS Mapping. ,I i f EXHIBIT A(Continued) y I Leisure Vision(a division of ETC Institute) Task 2.6A. GIS Mapping Leisure Vision will prepare maps that show the results of specific questions on the survey. GIS maps will provide the City of Kent with a visual representation of the areas of the City where residents have the greatest and least amount of needs for various services. For example the map below shows by color the percentage of respondents who indicate their needs for walking and biking trails is not being met by locations of households in Mecklenburg County,North Carolina. The color coding indicated under the legend'indicate the percent of households in Mecklenburg County having a need for walking and biking trails that indicate their needs are being met. The survey results indicate unmet needs throughout the County with the greatest unmet needs in the western portions of the County. The findings from the statistically valid survey conducted in Mecklenburg County were used as a key component of a successful voter campaign to address the unmet needs for trails and a ' wide range of arks and recreation facilities in the County. g p t3'• i and ikin trails lOr Walking a b g g �- ' T] N� LEGEND r Mean rating �i E on a 5-point scale,where: 9 W10 -1.8 Needs 0% Met s 5k 1.8-2.6 Needs 25%Met f Fr f i 2.6-3.4 Needs 50%Met " W I 3.4-4.2 Needs 75%Met ' ', y Y � AMA 4.2-5.0 Needs 100% Met 3 n - -Other(no responses) r Mecklenburg County Community Interest and Opinion Survey Shading reflects the mean rating for all respondents by ZIP Code(merged as needed) i ! �� j EXHIBIT A(Continued) Leisure Vision (a division of ETC Institute) i. Task 3. Draft and Final Report and Presentation Task 3.2 Developinent of Draft Report. Leisure Vision will provide a draft report based on a minimum of 400 completed surveys. The draft report will include the following: • an executive summary that includes a description of the survey methodology • descriptive statistics for each survey question, including key demographic characteristics i Task 3.1 Development of Final Report. After review of the draft report by the client and a joint review and discussion of finding s with Leisure Vision,Leisure Vision will provide a final report. At a minimum,the final report will be based on completion of a minimum of 600 surveys and include the following: • an executive summary that includes a description of the survey methodology • descriptive statistics for each survey question,including key demographic characteristics •: GIS maps and shape files that show key results on maps of the City of Kent Cross-tabular analysts by demographic:characterlstics and key questions GIS Mapping • copy of the survey instrument. a copy of the database in SPSS or Microsoft Excel f I I I \ zn _ R I _ EXHIBIT A(Continued) Leisure Vision (a division of ETC Institute) i 1 .Project Schedule for the Needs Assessment Process A typical needs assessment process takes about 12-14 weeks to complete, including kick-off meeting, survey design, mail/phone/web survey, analysis, final report, and presentation, Leisure Vision is capable of completing the needs assessment process in less time should that be required. We will tailor the project schedule to your needs, A draft schedule is provided below. Month 1 • Kick-off phone discussion to discuss survey goals&objectives • Leisure Vision provides City of Kent examples of surveys for review p Y p Y_ i • Kick-off meeting(in-Kent) • Leisure Vision provides the City with a draft needs assessment survey Sampling plan developed • Cityprovides cover letter I p • City staff review the content of the draft needs assessment survey and provide feedback to !' Leisure Vision 1 f, Leisure Vision revises the needs assessment survey based on input from staff I I Month 2 I f I City approves the needs s.assessment survey instrument trument for testin g ,I II ` • Survey approved • ! Needs assessment survey instrument printed and mailed out Press releases issued I • Data collection begins for needs assessment survey i i EXHIBIT A(Continued) Leisure Vision fa division of ETCInstitute) Month 3 • Phone calling initiated • Draft report prepared and sent to City • Discuss changes to draft report • Data collection completed • Final Reporct delivered Fee Proposal for City of Kent Base fees for Statisticaliv Valid Survey $24,860 Guaranteed number of completed surveys 600 Level of confidence 95% Margin of error +/-4% Administration Mail/Phbne/Web i Formal Report Included Site Visit(1)Includes expenses Included Sub Analysis of Findings Included Geocoding and Mapping Included - 1.. a ..a s 4 EXHIBIT INSURANCE RE UI�t MENTS FOR ENTS CONSULTANT,SERVICE S__ AGREEM Insurance The Cori sultan t shall procure and maintain for the duration of the A reement, 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: i, Automobile Liability'insurance covering all owned,,non- owned hired and leased vehicles. Cove a shall be written on Insurance Services Office' ( Sa form CA 0Q' 0 or a substitute farm providing eq liability coverage. Tf necessarryy, the;policy shall be endorsed to provide contractual'llabi[ity coverage: 2. Commercial General Liabil'lty insurance shall be written on xS0 occurrence form CG.00 01 and shall cover liability arising from premises, o erations, Independent contractors, products-complete operations, persona injury and'a�vertlsing injury, and liability assumed under an insured contract. The Commercial General Liabiiiy insurance shall be endorsed to provide the A re ate per;pro'ect Endorsement ISO orrn CG 25 03 1T.859 There shall be no endorsement or modification of the Cornmerclal General Llabil'ity [nsurance for liability arising;from explosion, collapse or The City shall be named underground property damage. ant'si Commercial . . 'suit as an insured under the Con General Liability insurance poll!cy with respect to the ed for the City using ISO additional' work perform �, 85 or au s bsttufie insured endorsement CG 2 endorsement providing equ;iva,lent coverage. B Minimum Amounts of Insurance Consultant shall maintain the following insurance lirnits g. 1, Automobile Liability sinsurance with a minimum property combined single limit for bodily injury and prop , y damage of $,1,000,000 per accident. 2. Commercial General LIabliltv insurance shall be written with limits no less 0,0 than �ir000o each occurrence, i $1,000,000 general-aggre ate and a $1,000,000 products operations aggregate limit. 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: �., The Consultant's Insurance coverage shall'be primary insurance as respect the City. Any insurance, seif-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) day pprior written notice by certified mail, return receipt requested, has Ueen 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 ltant and a copy of the endor by or on behalf of the Consuheent naming the City as additional insured shall be attached to 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 arplyrseparately.to each Insured against whom claim Is made or.suit brought, except with respects to the limits of the insurer's liability. DX: ,icceptablity of Insurers insurance is to be placed with insurers with a current A.M. Best rating Of,.not less than A;V11, a' �. VeriErcat><on o over Je i sh the City with original certificates and a copy of Consultant shall furnish Y 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. A+ R '� ATE �' L1 # I L11 1 N N R N E DATE(mw DIYYY,Y) 0410612015 tODUcI=R THIS CERTIFICATE IS;:ISSUED.AS.A MATTER CF INFORIVIATIEN Porter-Spearsarld Bundy ONLY AND CONFERS N0 RIGHTS .UPON THE 'CERTIFICATE H+QI.DIER. THIS CERTIFICATE DOES NOT AMEND, EXTEND QR I'O Box 63$' ALTER THE COVERAGE AFI=O -DED BY THE!POLICIES BELOW. Ottawa..KS 66067 INSURERS AFFOR :COVERAGE, NAIL# INsUREo -ETC INSTITUTE INSURES A: UNITED FIRE&CASUAN.TY Ci�MpANY 726 W Fro ntler Circle :INSURER B: INSURER C: Olathe KS_6606142,_93, >NSURE D: iNSURER E: .. . COVERAGES .. THE POLICIES.C7F IN RANGE LINED BELOW`HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,: TERM.:ORCONDITION :4F','ANY.CONTRACT QR.OTHER 1�4CUMEN WITH RESPECT TO W}i1GH THIS CERTIPICAT E MAY BE ISSUED t7.R MAY PERTAIN, THE INSURANCE AFFORDED ED:BY THE Pl3LICIES DESCRIBEIJ.HEREIN IS SUBJECT''TO ALL TH.E':`TERI S ExC1 UStO S AN Cot Dll ldN5 3F SUCH POLICIES.AGGREGATE 1 IIUIITS SNQINN MAY HAVE:BEEN:REDUCED aY PAiD CIr41MS: INSR Dla'. POLICY EFFECTIVE POLICY EXPIRATION: POLICY NUMBER.. LIMITS: GENERAL 1»IARILITY EACH DGGURRE�ICE s'1`000,000 DAMAGE TO RENTED... A' Y X COMMERCiAL.I ENERAL LIABILITY 602'I2144' 01/061201.5 0110612011 1001000 CLAIMS MA0E Q OCCUR. N1ED EXP'tAny Otis Wson r o0 X . Contractual.liability PERsoNRL ADV INjUR1I . s 1,,000 000 X CG 24�I7 INCLUDED GENERALA06REGATE S 2 000 0tI0 GEN LAGGREGATE LIMIT APPLIES P,EI: PRODU& »COMMP AGG .............7 . . POLICY :X AF=PRO» LOC'. AUToMobiL .vA.9iuTY CCIMBINED SINGLE LIMiT A ANY AUro GI�211144 011061201 a 011,06/2016 { Ea accidenl� $1 000.000 ALL OWNED AUTaS BODILY INJURY SCHEDULED A..UTos {Per person) X HIRED AUTOS BODILY INJURY NON-OWNED AUTOS II?er acaldent PROPERTY DAMAGE (Per accident) . . hGARAEi1A*B1L1-IT AUTO ONLY EA ACCIDENT $ ANY AUTO OTIIER.THAN EAACG ............ AUTQ ON.IrY: AEG. $ EXCESSIUMB ELLA LIABILITY` EACIi OCCURRENCE 4 4 0OO,OC10 A X OCCUR 01/012016 01 1062016 n 4 AGGREGATE �4 000 0i�0 S .... RX OEDUCTISLE $. :RETENTION S 10 tIClO .. WORKERS GOMPEN.SATiON AND WC STATU : OTH- EMPLOYERS'LCABU,ITY ANY PROPRIETOR/PARTNF-WE.tECUTIVETneyfal Es E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE EA EMPLOYEE $. � If yes,descrikye unslsc P A I below El.DISEASE-POLICY LIMIT OTHER DESCRIPTION OF:OPERATIONS/L OCATIONS!VEHICLES!:EXCLUSIONS t DDEt3 BY ENDORSEMEN r SPECIAL PROVISIONS Statistical Survey for teIty of Kent Additional Insured: City Of Kent' CERTIFICATE HOLDER : . CANCELI:ATIQN . S.HOULD'ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E3(PIIYATION City t}f:KBlit BATE THEREOF,7HE tSSIIiNG INSURER WILL ENOEAVCiR TO MAIL0... DAYS WRITTEN 220 Fourth AV:e006 South; NOTICE'70 THE GERTIFt.GA fE RO.LDER iVl1MED Tc THE LEFT,BUT FAILURE TO DO SEA SHALL Kent:WA 08032 n+IPosL: o t Lilt ATiOI�i OFt I,Ii4EILITY'OF ANY KIND UPON 7H1 INSURER,ITS AGENT&OR ":REPRESENTATIVES... . : UT R N'�TI E ` 00RD 16{2tl0'I/08j' ...... ACI~1RD:'Ct?RPORATICN 4988 CERTIFICATE OF LIABILITY INSURANCE °ATE`MM'°D/YYYY, 04/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMEO Katzman Insurance Services,Inc. PHONE 800 967-5252 FAX •410-734-2202 PO Box 1786 E"MAIL jack@katzmanins.com 10850 Bellerive Lane INSURERS AFFORDING COVERAGE NAIC#' Berlin MD 21811 INSURERA: PHILADELPHIA IND INS CO 18058 INSURED INSURER B ETC Institute INSURER C INSURER D 725 W.Frontier Circle INSURER E: Olathe KS 66061 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE,BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,'TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBS POLICY EFF POLICY EXP LIMITS L R R MM/DD MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS-MADE, OCCUR MED EXP(Any oneperson) $ PERSONAL:.&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY- PRO-jFCT LOC $ AUTOMOBILE LIABILITY COMBINED:SINGLE LIMIT" ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPER"ZtMAGE $ HIREDAUTOS AUTOS (Per accld $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 DED RETENTION $ WORKERS COMPENSATION WQSTATU Ol H- IR AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE[:] NIA A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH)_ E.L.DISEASE-EA EMPLOYEE $ if: describe under Y DESRIPTION OF OP ERATIONS below E.L.DISEASE-POLICY LIMIT $ A ERRORS&OMISSIONS PHSD1025245 05/31/2015 05/31/2016 PER CLAIM 2000000 PROFESSIONAL LIABILITY` AGGREGATE 2000000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES:(Attach ACORD 101,Additional Remarks Schedule,if more space is required) STATISTICAL SURVEY FOR THE CITY OF KENT CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 FOURTH AVENUE SOUTH ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE � . ... .. ... . .. .. ©1988-201 O ACORD CORPORATION. All rights reserved. ACORD 25,(2010/05) The ACORD name and logo are registered marks of ACORD BP 70 87 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. SECTION_If - LIABILITY, C. Who Is An Insured is B. With respect to the insurance afforded- to these amended to include ;as an additional insured any additional insureds, the following additional person or organization for whom you are performing exclusions_ apply to 'SECTION: II - LIABILITY, B. operations' when you and such person or Exclusions ;organization have agreed in writing in a contract or agreement that such person or organization' be This insurance does not apply to: added as an additional insured on your policy. Such 1. "Bodily injury", "property damage" or "personal person or organization is an additional insured only and advertising' injury" _arising out of the with respect to your liability for "bodily injury rendering of, or the failure to render, any "'property damage" or "personal and advertising professional architectural, engineering or injury" which may be imputed to that person or surveying services, including: organization directly arising out of: °a. The preparing, approving, or _failing to 1. Your acts or omissions; or prepare or approve, maps,;shop drawings, 2. The acts or omissions of those acting on your opinions, reports; surveys, field orders, change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. A person's or organization's status as an additional insured under this endorsement ends when your 2 "Bodily injury" or "property damage" occurring operations for that additional insured are completed. after: a'. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service,` maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put.to its intended use by any person or organization other than another contractor or subcontractor engaged, in performing operations for a principal as a part of the same project. BP 70 87 01 10 Includes copyrighted material of,insurance Services Office, Inc., with its permission. Page 1 of 1 0105 01-0`6-2015, POLICY NUMBER. 60212144 FORMS SUPPLEMENTAL DECLARATIONS The following coverage form(s) govern coverage that is not limited to any specific state even though they are specifically listed in only one state in the declarations. Premium Applicable to the state of Kansas *BP0497 (01-06) WAIVER OF TRANSFER OF RIGHTS OF ,RECOVERY AGAINST 100 *BP0497 (01--06) VAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST 100 *SPECENDP (0'0-0'0) SPECIAL END-PREMIUM 200 Other Farms' Applicable to the state of Kansas BP0003 (01-10) BUSINESSOWNE'RS COVE FORM SP0105 (04-13) KS-CHGS BP0417 (01-10) EMPLOYMENT-RELATED PRACTICES ;EXCL BP0452 (0 11-66)1 ADDL INSURED.. STATE/POL'ITICAL SUBDIVISIONS PERMITS BP0483 (01� O) REMOVAL OF INSURANCE-TO-VALUE PROVISION 4P0517 (01-66) EXCL-SILICA OR SILICA RELATED DUST BP.0523 (01-08) CAP ON LOSSES FROM CERTIFIED 'ACTS OF TERRORISM *$P0564 (01-07), CONDITIONAL EXCL OF TERRORISM BP0577 (01-t16) FUNGI/BACTERIA EXCL BP0558 (01-606) AMENDMENT OF INSURED CONTRACT DEFINITION *BP'1504,(05-14) EXCL-ACCESS DR DISCLOSURE' OF INFORMATION BP7001 (11-13) PREMIERPRO PLUS END BP7016 (01-1-0) ADDL INS-DESIGNATED PERSON OR ORGANIZATION BP7022 (01-110) ABUSE OR 'MOLESTATION EXCL BP7050 (01-10) AMENDMENT OF LIQUOR LIAB EXCL BP7087;(al-1 0) ADDL INS--OWNERS,LESSEES,CONTRACTORS-AUTOMATIC STAT -- - BP7090`(04--1.3) PRIMARY ADDL INSURED AMENDATORY ENDORSEMENT BP7102 (01-10) EXCL-LEAD HAZARDOUS PROPERTIES BP7103,.(01-10) ABSOLUTE ASBESTOS EXCL BP7104 (01-10) EXCL--UNDERGROUND STORAGE TANKS BP71.15 (11-11) EQUIP : BREAKDOWN ENHANCEMENT END *BP7123 (12-13) PREMIERPRO COVERAGE PART DEC *BP7124 (01-10) PREMIERPRO SUPPLEMENTAL DEC-PROPERTY *BP7125 (01-10) PREMIERPRO SUPPLEMENTAL DEC-ADDL INSURED IL7009 (04'1-91') AMEND ENBC}RSEMENT PUNITIVE/EXEMPLARY DAMAGES EXCL IL7083 (08-10) PAYMENT OF LOSSES - *IL7095 (`01-14) INTERNET SECURITY & PRIVACY INS END *ST1644 (01-12) POLICY WEBSITE STUFFER` *ST1807,(01-14) IMPORTANT NOTICE REGARDING TERRORISM EXPIRATION *ST1813 (07-14) IMPORTANT NOTICE-INTERNET SECURITY & PRIVACY *ST1814 ('05-14) NOTICE-ACCESS OR DISCLOSURE OF INFORMATION *ST1834 (09"14} IN'TERNET SECURITY & PRIVACY TRAINING NOTICE *UW7'014 (11-13) SUMMARY OF INCLUDED COVERAGES UW 70'02 04 96 ..... ...... ,, . Agenda Item: Consent Calendar - 7G TO: City Council DATE: May 5, 2015 SUBJECT: Consultant Agreement with ETC Institute for Citizen Survey - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with ETC Institute, in an amount not to exceed $24800.00, to conduct a survey of Kent citizens on the topic of parks and recreation service , subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: As part of the regular update of our Parks and Open Space Plan, Parks Planning and Development is seeking statistically sound information about how Kent residents perceive their current parks and recreation system, how and why they use the system; what they consider most and least attractive,'and what their priorities are regarding parks and recreation facilities. Results of the survey will inform staff throughout the further development of the Parks and Open Space Plan: EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger, Higgins NAY: BUDGET IMPACTS: No budget impact; authorize expenditure from Parks. Lifecycle account. REQUEST FOR MAYOR'S SIGNATURE • Print on Cherry-Colored Paper KENT Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Directoiz::r—U Originator: Lynn Osborn for Hope Gibson Phone (Originator): 5111 Date Sent: 5/6/15 Date Re uired:asapplease Return Signed Document to Lynn Osborn Contract Termination Date: 12/31/15 VENDOR NAME: Date Finance Notified: ETC Institute (Only required on contracts 4/2/15 (P. Huynh) 10 000 and over or on any Grant DATE OF COUNCIL APPROVAL: Date'Risk Manager Notified:4/16/15 5/5/15 (Required on Non-City<Standard Contracts/Agreements Has this Document'been Specificall Account Number: P20510 Parks L'ifecycle Authorized in the Budget W NO Brief Explanation of Document: A Consultant agreement with ETC Institute to conduct a statistically valid survey of Kent citizens on the topic of parks and recreation. A minimum of 600 surveys will be conducted and the data will be used to inform the update to the Parks and Open Space Plan which is currently underway. AH Contracts Must Be Routed Through The Law Department TV E e completed by the Law 1pepa nt) EC Received � r Approval of Law De t.: f I , Law Dept. Comment y Date Forwarded to Mayor: _ Shaded Areas To Be Completed By Administration Staff Received ReComm endatrons-and Comments r' Dlsposltion tl Off' E Off, OO � P Date Returned r t PAGNIIIFormsWocument Processing\Request for Mayor's Signature.docx