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HomeMy WebLinkAboutAD17-464 - Original - Virtually Yourz - Communications Support - 10/09/2017 M ��R c r r j/ ge rary,,; KENT 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: Virtually Yourz Vendor Number: 136175 JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Communications support Description: ❑ Tnterlocal Agreement ❑ Change Order El Amendment ❑ Contract N Other: Consultant Services Agreement Contract Effective Date: 10/09/17 Termination Date: 12/31/17 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Derek. Matheson Department: Ad min istration/Mayor"s office Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor: Dana Ngptz, Virtually Yourz _.m ....._ Contractor will be located on site at City Hall, Mayor's office. Agreement provides to the City of Kent external and internal communication on behalf of . _... _.....w_a_..._ ..... ......._.. City departments, mayor and council, Contractor will report to Derek Matheson, ext. 5711 Budget Acct# 1000131.0� 41.90.1.241. S:Public\ReoaardsManagement\Forms,ContractCover\adec783'Z 1 11/08 KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and Dana Neuts d/b/a Virtually Yourz THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dana Neuts, a sole proprietor doing business as Virtually Yourz, whose business address is P. 0. Box 6231, Kent, WA 98064, and phone numebr is 360-920-1737 (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: Lead the City's external and internal communication efforts by planning, organizing, and providing information to the media, the public, community groups, other government organizations, and special interest groups to present a favorable and effective "voice" for all of the City's communications; Coordinate interdepartmental communications relating to City publications and communication opportunities, seeking consistency in message and quality products utilizing the Communications Team and Multimedia staff as resources. Edit, and/or produce written media/news releases, web page copy, social media posts, monthly e-newsletter, traffic alerts, CAO and Mayoral messages as needed, and other publications. Monitor social media pages, and maintain a timely and consistent presence on Kent's primary social media accounts. Work closely with Multimedia staff to ensure accuracy, quality, timely, and effective communication materials. Prepare the Mayor, City Council Members, City management, and staff for media contacts and events. Anticipate media responses and prepare spokespersons accordingly with key messaging and talking points. Serve as a resource to the media on breaking stories, news features, and publicity campaigns. In the event of emergency or high profile situations, coordinate communications with public safety information officers as necessary to ensure consistency and accuracy of information being distributed. Assist with development of Kent's state legislative agenda by attending departmental meetings with lobbyist, compiling issues, and co-presenting to Mayor and CAO for approval. Facilitate final City Council approval of the agenda and manage any potential changes. Coordinate, monitor, and track City communications with other government organizations at the federal, state, regional, county, and local levels. Support Mayor, CAO, Dept. Directors and key staff in tracking intergovernmental correspondence on key policy issues to ensure CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) timely communications on these issues. Work with IT project manager to implement an eAlerts/ListServe functionality to the City's existing website; ensure intuitive, user-friendly functionality from a communications standpoint. Provide oversight and communication strategy support to Neighborhood Program Manager and Community Engagement Coordinator. Attend regularly scheduled meetings including Mayor's Leadership Team, City Council, Communications Team, Administration Staff Meetings to keep abreast of emerging or ongoing issues. 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 between October 9, 2017 and December 31, 2017. III. COMPENSATION. A. For the services provided under this Agreement, the City shall pay the Consultant an amount of Six Thousand Five Hundred Dollars ($6,500) per month, plus applicable Washington State sales tax. 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 the term of this Agreement. 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 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. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) 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 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 duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) VIII. INSURANCE. The City has waived its normal insurance requirements for the work provided for by Consultant through this Agreement. This waiver applies to this contract only. 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 Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 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. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) 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 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 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 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. Public Records Act, The Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: CITY OF KENT: mature) (signature) Print Name: �r�' Nam) Suzette Cooke Its is Mayor DATE: DATE: tadA CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT': CITY OF KENT: Dana Neuts Derek Matheson, CAO Virtually Yourz City of Kent P. Q. Box 6231 220 Fourth Avenue South Kent, WA 98064 Kent, WA 98032 (253) 856-5711 (telephone) 360-920-1737 (telephone) (253) 856-6700 (facsimile) (facsimile) PP �V D AS TO FORM: /Ken -w Department CONSULTANT SERVICES AGREEMENT - 6 (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. 1 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. By: For: lK+L,�Cd Title: mV 1 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. 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. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 rJI1 t OL or) C) 1%yW�w+ '•D WM. 0 ""✓ ;fJ Y0 w u M✓' �wr�/ �"f� qry 4 tlT J fi�"a t1 x w [ " ;b w � Ile a" a ry w. LIJ aD f 1 a 1 ? F*p E cry c Cl) vs m 0 ... " 0- : - : ui z. CO City of Kent 140 NN • Business License KENT W.SMINOT71 VIRTUALLY YOURZ PO BOX 6231 KENT,WA 98064 Business Use Zonine WRITING EDITING PUBLISHING SR-3 SINGLE FAMILY RESIDENTIAL,3.63 DU/ACRE Zoning Conditions of Approval HOME OCCUPATION CODE Compliance with Kent City Code Section 15.08.040 is required at all times. Please tear at nerfbration ------------------------------------------------ BUSINESS LICENSE Per RCW 82.14 must belocal sales and use tax must he coded 40LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within the city of KENTIssuance of License Does Not Imply Licensee's Kent. w.3..I N a.o.I Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLH-2160529 VIRTUALLY YOURZ MAYOR 4120 S 223 ST #104 The City of Kent KENT, WA 98032 At 2220 aTH AVE SO KENT,WASHINGTON 99032 Form w-9 Request for Taxpayer Give Form to the (Rev.December 2014) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Ontemal Revenue Service I Names s shown on your income tax return).Name is required on this line;do not leave this line blank, 17i 2 Business name/disregarded entity�n me,if differ from above ca as on 0- 3 Check appropriate box for federal tax©ssification;Aeck Inly one of the following seven boxes: 4 Exemptions(codes apply only to r_ certain entities,not individuals;see 0 Incliviclual/sole proprietor or C Corporation F S Corporation F Partnership ❑Trust/estate instructions on page 3): single member LLC a Exempt payee code if any) Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)10 0 Note.For a single-member LLC that is disregarded,do not check Ll check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the,single-member owner. code(if any) Other(see instructions)0- Me U.S.) 5 Address(number,street,and apt.or Suite no.) Requester's name and address(optional) ma CL r\ — W 6 City,state,and ZIP code 4 a) (n 7 List account number(s)here(optional) 15M Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box,The TIN provided must match the name given on line 1 to avoid Social,security number backup withholding.For individuals,this is generally your social security number ISSN).However,for a resident alien,sote proprietor,or disregarded entity,see the Part I instructions an page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a m TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. EM Certification Under penalties of perjury,I certify that; 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2, 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report ail interest or dividends,or(c)the IRS has notified me that t am no longer subject to backup withholding;and 3, 1 am a U.S.citizen or other U.S,person(defined Wow);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributlons,to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign signature of ti I Here U.S.person 0. Date 10, General Instructions Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured properly) as legislation enacted alter we release it)is at www.irs,gov1fW9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form 4W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number ISSN),individual taxpayer identification By signing the filled-out form,YOU: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1,Certify that tire TIN You are giving is correct(or you are waiting for a number Identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1 099-INT(interest earned or pad) 3.Claim exemption from backup withholding if you are a U,&exempt payee.If applicable,you are also certifying that as a U.S.person,your allocable share of •Form 1099-DIV(dividends,including those from stocks or mutual funds) any partnership income from a U.S.trade or business is not subject to the •Form 1099-MiSC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(f any)indicating that you are brokers) exempt from the FATCA reporting,is correct,See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further infort-nation. •Form 1099-K(merchant card and third party network transactions) Cal.No.10231X Form W-9(Rev.12-2014) .. ............ ..... .... all e- z M/0 RE �Tg AWN! -PARTME/,NT,,/ ON/I WOOF/1- NOWN/I "Vir"ecror/ �QO d, ANN/" //ax. ......../g,//�/,' ---------.... of/1's-so -�v............ ///....... 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Vendor Name: Virtually Yourz Vendor Number: 136175 JD Edwards Number Contract Number: AD17-464 — 01'2- This is assigned by City Clerk's Office Project Name: Communications support - amendment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Consultant Services Aqreement Contract Effective Date: 10/09/17 Termination Date: 01/31/18 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Derek Matheson Department: Administration/Mayor's office Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor: Dana Neutz, Virtually Yourz Contractor will be located on site at City Hall, Mayor's office. Agreement provides to the City of Kent external and internal communication on behalf of -._.__.._n„ City d epartm ents, mayor an_--d couc_ il. Contractor will report to Derek Matheson, ext. 5711 BudgetAcct# 10001310.64190.1241 S:Pu bl lc\Records Management\Forms\ContractCover\abcc7832 1 11/08 AMENDMENT Contract #AD17-464 NAME OF CONSULTANT OR VENDOR: Virtually Yourz CONTRACT NAME & PROJECT NUMBER: _p 4 ORIGINAL AGREEMENT DATE: 10/09/17 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: Services as listed in the original Agreement remain the same. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $6,500.00 per month including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $6,500.00 per month including all previous amendments Current Amendment Sum $6,500.00 per month Applicable WSST Tax on this m$0.00 Amendment - -- Revised Contract Sum — $6,500.00 per month ......_._ AMENDMENT - 1 OF 2 Original Time for Completion 12/31/17 (insert date) Revised Time for Completion under N/A prior Amendments (insert date) Add'I Days Required (t) for this 3l calendar days Amendment Revised Time for Completion 01/31/18 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: UriBy: (signature) (Signature) Print Name: Dana Neuts Print Name: Derek Matheson Its Consultant Its Chief Administrative Offieer (tale, (title) DATE: 10 DATE: 1 z-'(z �1; APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department P:/consultants/StevenThemson/STCG Amendlcl 3 AMENDMENT - 2 OF 2 Records M ENS ���'��`�� Document"'W A9HINGTDN /// 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: Dana Neuts d/b/a Virtually Yourz Vendor Number: 136175 JD Edwards Number Contract Number: AD 17-464 003 This is assigned by City Clerk's Office Project Name: Communications support Description: ❑ Interlocal Agreement ❑ Change Order M Amendment ❑ Contract ❑ Other: 2"d Amendment to Consultant Services Agreement Contract Effective Date: 10/9/17 Termination Date: 3/31/18 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Derek Matheson Department: Admin/Mayor's Office Contract Amount: !939_n00.On Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 06/27/14 KENT AMENDMENT 2 Contract #A©17-464 NAME OF CONSULTANT OR VENDOR: Pon@ Neuts, d/bla VirtuallyYour CONTRACT NAME & PROJECT NUMBER: Communications Support / Contract #AQ 17-464 ORIGINAL AGREEMENT DATE: 10/09/17 AMENDMENT 1 DATE: 1/31/18 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: Continue to provide those services identified in the original Agreement for an additional period of time. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: O9 rifinal Contract Sum $19,500, payable at $6,500.00 including applicable WSST per month Net Change by Previous Amendments $6,500 including applicable WSST Current Contract Amount 1 $26,000 including all previous amendments Current Amendment Sum $13,000, payable at $6,500.00 per month Applicable WSST Tax on this $0.00-- Amendment Revised Contract Sum $39,000 AMENDMENT - 1 OF 2 _..._...... Original Time for Completion 12/31/17 Revised Time for Completion under 1/31/18 prior Amendments .._...._ ........... -...... Add'I Days Required (t) for this 59 calendar days Amendment Revised Time for Completion 3/31/18, or upon the start date of the new Communications Manager, whichever date occurs first. If the new Communications Manager begins prior to March 31, 2018, the payment due Consultant or Vendor for the month of March will be prorated. The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: (signature) (signatur ) Print Name: Dana Neuts Print Name: Dana Ralph Its Owner Its M.avo_r ff tit! fat DATE: 0 DATE: ✓Pf� e" APPROVED AS TO FORM: (applicable if Mwyor7v natur required) r , C4n Law Department P:/con so I tan ts/Virtu aIIyYourz/Am end 2 AMENDMENT - 2 OF 2 i REQUEST FOR MAYOR'S SIGNATURE Print on Cherry-Colored Paper Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_ Originator: Pam Clark Phone (Originator): 5723 Date Sent: 1/24/18 Date Required: 1/25/18 Return Signed Document to: Pam Clark Contract Termination Date: 3/31/18 VENDOR NAME: Date Finance Notified: Dana Neuts d/b/a Virtually Yourz (Only required contracts 9/29/1 7 $20,000 and over or on any Grant) DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified: (Reouired on Non-City Standard Contracts Aoreementsl Has this Document been Specificall Account Number: 10001310.64190. 1241 Authorized in the Budget? YES • NO Brief Explanation of Document: 2nd Amendment to consultant service agreement for citywide communication support. All Contracts Must Be Routed Through The Law Department (T s are tD ha c2 mpJg tl by the Law Department) Received: �,. Approval of La „M..." gp Law Dept. CD rrtk . � Date Forwarded toMa or: KEI p VT L,/� gya To Be Completed By Administration Staff RecelVed; iro v �iA' a ° " Recommendations and Comments JINN 2 5 2018 Disposition: yrn IGty Of Min( f (;(I c)f t f , ��,�s' Rate Returned: nv wro omrnian roam Awuae u M An r+ yw /'%'/%%ilia/ii'„i/ii/�/✓�jh�i// 0 Records K E N T 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 blame: Virtually Yourz Vendor Number: 136175 7D Edwards Number Contract Number: AD17-464 - OO This is assigned by City Clerk's Office Project Name: Communications support amendment 111 Description: Tnterlocal Agreement El Change Carder ❑ Amendment © Contract Other: Consultant Services Agreement Contract Effective Date: 04101118 _ Termination. Date: 04/15/18 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Derek Matheson Department: Administration/Mayor's office Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor Dana Neutz, Virtually Youwrz Contractor will be located on site at City 'Hall, Mayor's office. Agreement provides to the City of Kent external and internal communication on behalf of City departments, mayor and council. Contractor will report to Derek Matheson, ext. 5711 Budget Acct# 10001310,64190.1241 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 1.1/08 .400" ls4 KENT W A$M I N O T O N AMENDMENT 3 Contract #AD17-464 NAME OF CONSULTANT OR VENDOR: Dana Neuts, d/b/a Virtually Yourz CONTRACT NAME & PROJECT NUMBER: Communications SuRRort / Contract #AD 17-464 ORIGINAL AGREEMENT DATE: 10/09/17 AMENDMENT 3 DATE: 3/21/18 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: Continue to provide those services identified in the original Agreement for an additional period of time. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $19,500, payable at $6,500.00 including applicable WSST per month Net Change by Previous Amendments $19,500 including applicable WSST Current Contract Amount $39,000 including all previous amendments Current Amendment Sum $3,250 Applicable WSST Tax on this $0.00 Amendment Revised Contract Sum $42,250 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/17 Revised Time for Completion under 03/31/2018 prior Amendments Add'l Days Required (±) for this 15 calendar days Amendment Revised Time for Completion 04/15/2018 The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this, Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any),, and this Amendment, prior to the effective date of this, Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT.- By: By��LJIb� (signature) (signature) Print Name: Dana Neuts Print Name: Derek Matheson Its Sole Proprietor Its Chief Administrative Officer / (title) -5 Ue ,3 DATE: DATE: 1)-�-( I y APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department P./consultants/VVrtuallyYourz/Amend2 AMENDMENT - 2 OF 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 k Company, hereby acknowledge and declare that the beforpImpritioned company was the prime contractor for the Agr ement known as[.�Ln, I a rJkl �10,Jlthat was entered into on the (date), between the firm I ep're s ent 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. By: Far. Title: Date: 41— EEO COMPLIANCE DOCUMENTS - 3