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HomeMy WebLinkAboutHR16-313 - Original - Karras Consulting - Contract - 08/08/16 is A N'uik Records �I E��emo , �� ; Weexixorox ri Document Ar, '«s- 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: Karras Consulting Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Executive Recruitment - Parks & Community Services Director Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 8/8/16 Termination Date: 12/31/16 i Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Natalie Winecka Department: Human Resources Contract Amount: $29,500 Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 i Komoto, Kim From: dennis karras <dennis@karrasconsulting,net> Sent: Friday, August 05, 2016 11:06 AM To: Komoto, Kim Subject: RE: Contract with City of Kent - Parks Director f 'te agree with the handwritten changes to sections: II, III, Vlii listed below. DenmsKarras._, From: Komoto, Kim [mailto:KKomoto@kentwa.gov] Sent: Friday, August 05, 2016 10:15 AM To: 'dennis@karrasconsulting.net' Subject: Contract with City of Kent - Parks Director Dennis: Attached you will find your contract with the City of Kent for the executive recruitment of the Parks, Recreation & Community Services Director. Please review the handwritten changes to the following sections: II. Time of Completion. Date of December 31, 2016 has been added. III. Compensation. Reference to Exhibit "A" has been added. VIII. Insurance. Reference to Exhibit "B" has been added. If you could respond to this email and indicate your approval of these revisions, I will finalize my review and forward to Mayor Cooke for her signature. Thanks, I Kim Komoto, Legal Analyst Assistant to City Attorney Public Safety Committee Secretary Civil Division I Law Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5788 1 Fax 253-856-6770 kkomoto@KentWA.Gov CITY OF KENT,WASHINGTON KentTV21.com Faceboo YouTube PLEASE CONSIDER THE r--NV?RONMPHT BEFORE PRINTING THIS E-HATI. 1 tc�tvT PROFESSIONAL SERVICES AGREEMENT between the City of Kent and RRAS CONSULTING, INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Karras Consulting, Inc. organized under the laws of the State of Washington, located and doing business at 201 5L" Avenue S.W. #301, Olympia, WA 98501 (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: The contractor shall perform the following scope of work in the Executive Recruitment of a Parks, Recreation & Community Services Director: A. Meetings: Meet with City Leadership and project manager to solicit input on recruitment strategy and specific position knowledge, skills, and abilities essential for job success. B. Other Meetings: Meet with key stakeholders as appropriate and City staff as recommended by the project manager. C. Position Assessment: Review the job description. Design recruitment announcements. D. Advertise and Network: Recruit targeted pools of qualified, proven candidates, using network, web, and printed media. E. Candidate Screening: Screen candidates for appropriate fit, considering both education and experience and the core competency requirements of the City of Kent. F. Candidate Presentation: After identifying, assessing, and screening potential candidates, present the best-qualified candidates (A & B list) for consideration. City leadership will pare down on paper to semi-finalists. G. Interviews: Establish interview panel(s) in partnership with the City of Kent. Coordinate interview of semi-finalists. Prepare questions, provide training to panel, and oversee process. H. Comprehensive Background Checks: Perform reference checks and conduct criminal background inquiries for finalists. Present candidate profiles and confidential reference reports for finalists. I. Employment Offer: Advise the City during the development and delivery of the employment offer. Facilitate the extension of the offer and conduct any negotiations to ensure the most favorable outcome. J. Guarantee: Karras Consulting, Inc. guarantees its placement for one (1) year from the successful candidate's start date with the organization. If the candidate leaves for any reason within 12 months of his or her start date, PROFESSIONAL SERVICES AGREEMENT - 1 (Over$20,000) Karras Consulting, Inc. will repeat the search and locate a replacement at not charge to the organization, except for candidate travel and advertising costs. 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 [4nse4-aspec i"ata-]. N70 1F2Wr ")i , W L,,, � III. COMPENSATION. The City shall pay Contractor a total amount not to exceed $29,500 including Washington State Sales Tax 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,, p rates charged for Contractor's services shall be as delineated in the attached and incorporated Exhibits [Isarttha- FhHt #tYtalists the ra-totb �;a.y� 3- 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 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. PROFESSIONAL SERVICES AGREEMENT - 2 (Over$20,000) 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 attached and incorporated by this reference. IX. 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. X. 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. Assi ng ment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. PROFESSIONAL SERVICES AGREEMENT - 3 (Over$20,000) 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. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. 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 and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: � , (signature) { (signature) Print Name: Deo6c f diva's Paint N�ie:i Suzette Cooke Its: CFO Its' __ Ma or (title) DATE: 7I� _ DATE: PROFESSIONAL SERVICES AGREEMENT - 4 (Over$20,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: DENNIS KARRAS, SPHR CEO Martin Fisher KARRAS CONSULTING, INC. City of Kent 1802 Black Lake Blvd. SW 220 Fourth Avenue South Suite 101 Kent, WA 98032 Olympia, WA 98512 (253) 856-5276 (telephone) (360) 867-1410 (telephone) (253) 856-6270 (facsimile) (360) 956-1348 (facsimile) APPROVED ASpTO FORM. Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 5 (Over$20,000) 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 the five requirements referenced above. 0) 0 Dated this 2 V day of_ TV IJ _ _ 20J�. h By: Den h - I tsarra For: Ka%rrots Hsu Riy11( , Title: E® �J Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY I 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 Karm 1v ris th/_ e I Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for t/he Agreement known as �i/®Ter�`OVIq S vi(�S that was entered into on the 29n' Q7 JW (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 i Policy that was part of the before-mentioned Agreement. Dated this 25 day of J20 By: D-enli1 s T oor `a S For: Kar'rQ5 COyisult- wa lne • Title: cE® Date: l EEO COMPLIANCE DOCUMENTS - 3 KARRAS 1Oi "A" � COWIT.TING Associated Fees and Billing Schedule Rate,,. Karras Consulting's fee for the City of Kent Parks, Recreation & Community Services Director recruitment is a flat rate of$29,500. All related tasks required to successfully complete this recruitment including: all position advertising, e-recruiting, print media, trade journals; on-site visits; client correspondence; targeted recruiting; interviewing; coordinating candidate travel; professional reference checks; printing of documents and materials; preparation of interview booklets; delivery and postage expenses; consultant travel and related expenses and criminal checks are included in this cost. Project Expenses Paid by City of Kent ' Candidate Expenses:Travel and related expenses for out-of-state candidates. Billing Schedule - Phase 1 Billing: 1/3 after completion of the following tasks: ✓ Meet with City of Kent leadership ✓ Review job description and other related information ✓ Develop recruitment timeline ✓ Design job announcement Phase 2 Billing: 1/3 after the completion of the following tasks: ✓ Commence national recruitment ✓Target potential candidates ✓ Place job advertisements ✓ Assess candidate pools (ongoing) ✓ Conduct videoconference and in-person interviews ✓ Provide and review candidate list with the City of Kent ✓ Recommend A and B list candidates Phase 3 Billing: 1/3 after the completion of the following tasks: ✓ Establish interview panel in partnership with the City of Kent ✓ Select finalists ✓ Conduct finalist interviews ✓ Select top candidates(s) ✓ Conduct background and reference checks ✓ Present candidate profiles and confidential reference reports for all finalists ✓ Placement of candidate i I� F A`OR® CERTIFICATE OF LIABILITY INSURANCE of/28/20 sue" 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 NAME: IIAA AGENCY ADMINISTRATIVE SERVICES INC PHONE FAX 127 S PEYTON ST AIC,No,Exl 888 661-3938 A/C,No: 877 $62-6091 A ALEXANDRIA,VA 22314 ADDRESS:sowlce.center Imvelers.com (888)661-3938 INSURER(Si AFFORDING COVERAGE NAICAs INSURER A:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURED INSURERS: KARRAS CONSULTING INC 1802 BLACK LAKE BLVD SW INSURER C: STE 101 INSURER D: OLYMPIA,WA 98512 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 149299851421012 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADO SUSR POLICY EFF POLICY EXP _LTR TYPE OF INSURANCE _ INSD MD POLICY NUMBER Mmmof/1'YY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LU BluTY 680-6C589485-16 01/20/2016 01/20/2017 EACH OCCURRENCE $2 00D 000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Eaocw $300,000 X HIREDAUTO MEDEXP An one erson $500 )( rvON OwNeo AtlTo PERSONAL&ADV INJURY $0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 X POLICY PRO- ❑L� JECT PRODUCTS-COMP/OP AGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWPIED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Perawldanl) $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DED RETENTION$ AGGREGATE $ $ I WORKERS COMPENSATION N/A PER EOT AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ Use. a under E.L.DISEASE-POLICY LIMIT $ DESCRIPTIOIPTJO N OF OPERATIONS helm DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES(ACORD 101,Additional Remarks Schedule,may he Hached It more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 4TH AVE SOUTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KENT,WA 98032 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORID REQUEST FOR MAYOR'S SIGNATURE I.NT Print on Cherry-Colored Paper KE Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_ Originator: Nathe. WineCka Phone (Originator): 5282 Date Sent: 8/8/16 Date Required: ASAP Return Signed Document to: Natalie WineCka Contract Termination Date: 12/31/16 VENDOR NAME: Date Finance Notified: Karras Consulting, Inc (Only required on contracts 8/1/ 1 6 g 20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:g/1/16 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specificall Account Number: Authorized in the Budget? ® YES NO Brief Explanation of Document: Professional Services Agreement for executive recruitment of Parks, Recreation and Community Services Director All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) I' Received: Approval of Law Dept,: i�'( .r t — -' �l`i r ; Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments; ` rw a-, a D4- pp tro Disposition: ( Date Returned: .wrv�r orms oaWmeni wows a eqest mr v ss anamre ao.