HomeMy WebLinkAboutPK16-392 - Original - Kent Youth and Family Services - Oweus Bullying Prevention Program - 11/08/2016 M�
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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.
I
Vendor Name: Kent Youth and Family Services
Vendor Number: 33841
JD Edwards Number
Contract Number: MILL -
This is assigned by City Clerk's Office
Project Name: Oweus Bullying Prevention Program
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 01-01-16 Termination Date: 12-31-16
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal or amendment
Contract Manager: Christine Cain Department: Parks- Human Services
Contract Amount: $5 000 per year
Approval Authority: ® Department Director ❑Mayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Human Services General Fund Contract with Kent Youth and Family Services (KYFS) to
provide the Olweus Bullying Prevention Program to Kent youth. Goals of the program
include: reduce existing bullying problems among students, prevent the development of
new bullying problems, provide Drug Resistance Education and achieve better peer
relations in Kent for the one year contract for 2016.
Passed as part of the 2016 City of Kent budget.
adccW10877 8 14
ICEN T
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Kent Youth & Family Services
THIS AGREEMENT is made between the City of Kent, a Washington. municipal corporation
(hereinafter the "City"), and Kent Youth & Family Services organized under the laws of the State
of Washington, located and doing business at 232 S. 2nd Ave #201 (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:
Consultant shall utilize funds to provide the Olweus Bullying Prevention Program to
Kent youth. Goals of the program include: reduce existing bullying problems among
students, prevent the development of new bullying problems, provide Drug
Resistance Education and achieve better peer relations. The following exhibits are
attached and incorporated by this reference as if fully set forth herein; Exhibit A,
Insurance Certificate; and Exhibit B, Billing Voucher & Service Report.
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. Upon the
effective date of this Agreement, Consultant shall complete the work described in Section I by.
December 31, 2016.
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III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed $10,000, plus applicable Washington State sales tax, for the services
described in this Agreement. This is the maximum amount to be paid under this
Agreement for the work described in Section I above, and shall not be exceeded
without the prior written authorization of the City in the form of a negotiated and
executed amendment to this agreement. The Consultant agrees that the hourly or
flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit B.
CONSULTANT SERVICES AGREEMENT - 1
(Under $10,000)
B. The Consultant shall submit quarterly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set .of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Under$10,000)
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit A 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
CONSULTANT SERVICES AGREEMENT - 3
(Under$10,000)
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable, A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Under$10,000)
other representative of the City, and such statements shall not be effective or be construed as j
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
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
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H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
41, (s gnature) / _ sl nature)
Print Na e: 114 "
� I A, r)lle Print Name: Marina Hanson
Its: 9 �� -s ✓ ! Its: Parks, Recreation & Community
(title) Services Director
DATE: ✓/ �rfiG
DATE: (p
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Mike Heinisch, Executive Director Merina Hanson, Human Services Manager
Kent Youth & Family Services City of Kent
232 South 2nd Ave #201 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
(253) 859-0300 (telephone) (253) 856-5070 (telephone)
253 859-0745 (facsimile) (253) 856-6070 (facsimile)
[P:Human Services\2015-2016 W,Vtr d,%KYFS Q Dimeus 2016Ao,
CONSULTANT SERVICES AGREEMENT 5
(Under$10,000)
f
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.
Dated this _ day of 20Ae
elf ,a J, d✓/ f
For, ,Iz
Title: ✓t r �'; � r� . �'� >��.
Date:
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.
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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:
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EEO COMPLIANCE DOCUMENTS - 3
Exhibit B Criminal Justice
• 2016 Billing Voucher
KEN`f and Service Report
PARKS, RECREATION S
COMMUNITY SERVICES
Merina Hanson Agency: Kent Youth & Family Services
Housing & Human Services
Parks, Recreation & Community Services
220 4th Ave. South, Kent, WA 98032 Program Contact: Cyoon McBride
Telephone: 206 354-6797
mhanson@kentWA.gov
Phone: (253 856-5077 E-mail: cyoonm@kyfs.org
Reporting Program Amount
Period Requested
Fourth Quarter Bullying Prevention Program $
BUDGET SUMMARY
FOR DEPARTMENT USE ONLY Total Contract Amount $ 10,000
VENDOR NUMBER#3384i Current Request $
Amount Remaining $
2016 KENT FUNDED SERVICE UNITS
Note: Unduplicated client counts must be reported both quarterly and year-to-date
New City of Total Kent Total
Kent Funded Service
Funded Units to
Service Unit Description Service Units Planned Service
P Service Units To Date,(ALL i
Units This Date Funding
Quarter Sources
Service Unit/Performance Measure
Olweus Bullying Prevention Program Offered to Kent Youth
Drug resistance Education Offered to Kent Youth
*Please attach a narrative explanation to this report in the event that the program is not meeting
performance measures.
Aut orized Signature - must be signed by Executive Director Date
FOR DEPARTMENT USE ONLY
AU HORIZ�FRYMENTBY: � h � DATE:
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
HUMAN SERVICES GENERAL FUND AGREEMENTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Contractor, their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall
be no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy with respect to the
work performed for the City using ISO additional insured endorsement CG 20
10 11 85 or a substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability
coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $1,000,000 general aggregate and a
$1,000,000 products-completed operations aggregate limit.
2. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
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:
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EXHIBIT B (Continued)
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any Insurance, self-insurance, or insurance pool coverage maintained by
the City shall be excess of the Contractor's insurance and shall not contribute
with it.
2. The Contractor's insurance shall be endorsed to state that.coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the
contractor and a copy of the endorsement naming the City as additional insured
shall be attached to the Certificate of Insurance. The City reserves the right to
receive a certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less
than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work.
F. Subcontractors
Contractor 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 Contractor.
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City of Kent
Certification Regarding Debarment and Suspension
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Agency Name of Project/Project Number
Certification A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
1.The prospective primary participant certifies to the best of its knowledge and belief that its principals;
a.Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered
transactions by any federal debarment or agency;
h.Have not within a three-year period preceding this proposal,been convicted of or had a civil judgment rendered against them
for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,
State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of
embezzlement,theft,forgery,bribery,falsification,or destruction of records,making Use statements,or receiving stolen
property;
c.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State,or local)with
commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and
d_Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State,or
local)terminated for cause or default.
2.Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective
participant shall attach an explanation to this proposal.
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Instructions for Certification(A)
L By signing and submitting this proposal,the prospective primary participant is providing the certification set out below.
2.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this
covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out
below.The certification or explanation will be considered in connection with the department or agency's determination whether
to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation -
shall disqualify such person firm participation in this transaction.
3.The certification in this clause is a material representation of fact upon which reliance was placed when the department or
agency determined to enter into this transaction,If it is later determined that the prospective primary participant knowingly
rendered an erroneous certification.in addition to other remedies available to the Federal Government/City of Dent,the
department or agency may terminate this transaction for cause of default.
4.The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal
is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5.The terms covered transaction,debarred,suspended,ineligible, lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meanings set out
in the Definitions and Coverage sections of the rules implementing Executive Order 12549,You may contact the department or
agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations.
6.The prospective primary participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or
agency entering into this transaction.
7.The prospective primary participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regrading Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
provided by the department or agency entering into this covered transaction,without modification: in all lower tier covered
transactions and in all solicitations for lower tier covered transactions.
8.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows
that the certification is erroneous.A participant may decide the method and frequency by which it determines this eligibility of its
principals.Each participant may,but is not required to,check the Non-procurement List.
9.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which
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is normally possessed by a prudent person in the ordinary course of business dealings.
10.Except for transactions authorized under paragraph(6)of these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible,or voluntarily
excluded from participation in this transaction,in addition to other remedies available to the Federal GovernmenUCity of Kent,
the department or agency may terminate this transaction for cause of default.
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Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions
1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently
debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction
by any Federal department or agency.
2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective
participant shall attach an explanation to this proposal.
Instructions for Certification(B)
1.By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.
2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Governmen/City of Kent,the department or agency with which this
transaction originated may pursue available remedies,including suspension and/or debarment.
3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted
if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4.The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meanings set out
in the Definitions and Coverage sections of rules implementing Executive Order 12549.You may contact the person to which
this proposal is submitted for assistance in obtaining a copy of these regulations.
5.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or
agency with which this transaction originated. _
6.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7,A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction,unless it know
that the certification is erroneous.A participant may decide the method and frequency by which it determines the cligibiiity of its
principals,Each participant may,but is not required to,check the Nonprocurement List.
8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause.The knowledge and information of a participant is not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized trader paragraph(5)of these instructions,if a participant in a lower covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily
excluded from participation in this transaction,in addition to other remedies available to the Federal Government/City of Kent,
the department or agency with which this transaction originated may pursue available remedies including suspension and/or
debarment
Primary
yC�o)ntractor/Sub-Contractor(Print) Date
Authorized Signature of Primary C nhactor/Sub- Title
Contractor
I
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