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HomeMy WebLinkAboutPK18-396 - Original - Kent Youth and Family Services - Contract - 10/08/2018 NT Records Management document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253- 56- 725. ❑ Blue/Motion Sheet Attached ❑ Pink Sheet Attached Vendor Name: Kent Youth and Family Services Vendor Number (JDE): 33841 Contract Number (City Clerk): Category: Contract Agreement Sub-Category (if applicable) 4`he�r,5ru�^ ror lta'^�ei Project Name: Violence Prevention - Matter of Culture Contract Execution Date: 10-8-18 Termination Date: 12-31-18 Contract Manager: Lori Guilfoyle Department: Parks Contract Amount: $5,000 _._....� ........ .......____ . . .... .... ...... Approval Authority: ® Director ❑ Mayor ❑ City Council Other Details: �••�✓'' KCNT CONSULTANT SERVICES AGREEMENT between the City of Kent and Kent Youth and Family Services THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent Youth and Family Services organized under the laws of the State of Washington, located and doing business at 232 S. 2"d 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 provide Violence Prevention information and resistance skills to Kent Youth through the Matter of Culture documentary and other outreach activities focusing on youth at Birchcreek, Valli Kee and Cascade. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018, III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $5,000, 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 A. 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: CONSULTANT SERVICES AGREEMENT - 1 ($20,000 or Less) 11� 9I?C 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 B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The 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 Materi II . 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. n- . i eL f each,. 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. FtcltirTn_ f Disoutes andivernino 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 CONSULTANT SERVICES AGREEMENT - 3 ($20,000 or Less) 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: _. By: 4y fx �Fatr rr; ' e"v n !rn'uy Print Print Name: Merina Hanson Its: _ h 4M � r r,r�, .r Its: Human Services Manager DATE:. . % Py% ._—.._ DATE: lb ' /l 6 � �.. . ............... NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT. Mike Heinisch, Executive Director Lori Guilfoyle Kent Youth and 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) 253.856.7070 (telephone) 253.859.0745 (facsimile) (253) 253.865.6070_(facsimlle ATTEST: Kent City lark CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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 Exhibit A Criminal Justice 2018 Billing Voucher KENT and Service Report 14raK5, RECREATIOD! 6 COMMUPITT' SEHbICrS To: Agency: Kent Youth & Family Services Lori Guilfoyle Housing & Human Services Parks, Recreation & Community Services Program Contact: Cyoon McBride 220 4111 Ave. South, Kent, WA 98032 Telephone: 206 354-6797 lguilfoyle@kentWA.gov Phone: f2531 856-5070 E-mail: cyoonm@kyfs.org Reporting Program Amount Period Re guested Fourth Quarter "A Matter of Culture" $ BUDGET SUMMARY FOR DEPARTMENT USE ONLY Total Contract Amount $ 5,000 VENDOR NUMBER #33841 Current Request $ -­_.._._.................._.........____-.____.__...._...__ Amount Remaining $ 2018 KENT FUNDED SERVICE UNITS Note: Unduplicated client counts must be reported both quarterly and year-to-date New City of Total Kent Total Kent Service Funded Service Unit Description Service Units Planned Funded Service Service Units to Date (ALL Units This Units To Funding Ouarter Date Sources) Service Unit/Performance Measure . .............. ......................... ..... ._.._._.. ................ ---- "A Matter of Culture"violence prevention Offered to Kent Youth at documentary Cascade, Valli Kee and Birch Creek _.,—........_.. _..—..� .... _ *Please attach a narrative explanation to this report in the event that the program is not meeting performance measures. _ .........................._......__-................... . Authorized Signature - must be signed by Executive Director Date FOR DEPARTMENT USE ONLY AUTHORIZED FOR PAYMENT BY: DATE: 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. Cg rrr rc%. I_G n�ul Liabil-it� 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. Automo ilg,_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 Ligb:kity 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. Auto mobilg L atLoiuty 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: KentYFS55Revi5ed Non Profit Insurance Program CERTIFICATE OF COVERAGE Issue Data: 05/18/2019 THIS CFRTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW.THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUC A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, — IMPORTANT If the cenificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed If SUBROG RATION IS WAIVED subject to the terms and conditions of the policy,certain coverage may require an endorsement, A statement on this certificate does not confer rights to the ceniflcate holder in lieu of such endorsemenl(s), PRODUCER COMPANIES AFFORDING COVERAGE GENERAL LIABILITY Clear Risk Solutions American Alternative Insurance Corporation,et al. 451 Diamond Drive Ephrata, WA 98823 AUTOMOBILE LIABILITY American Alternative Insurance Corporation,et al. INSURED PROPERTY Kent Youth and Family Services American Alternative Insurance Corporation,et al. 232 2nd Avenue South MISCELLANEOUS PROFESSIONAL LIABILITY Kent, WA 98032 Princeton Excess and Surplus Lines Insurance Company COVERAGES THIS IS TO CERTIFY THAT THE POLICIES CIF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, 'TERM OR £ONOBION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE (INSURANCE AFFOROk`,O GY HJF POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE RE E.N RFUUCED BY LWO CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFF PoIV.1�Y EXP DESCRIPTION LIMITS TL DATE OATS 1 GENERAL LIABILITY COMMERCIAL AL LIABII ITV N1-A2 RL-000001E 0� 06101/2018 06/0112020 PER Of4CURRFNCE $5,000,000 OCCURRENCE FORM PER MEMBER A(X{RFGAT4: $10,000,000 INCLUDES STOP GAP PRODUCT CO MPIOP $5,000,000 PERSONAL&ADV.INJURY $5,000,000 (LIABILITY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 AUTOMOBILE LIABILITY ANY AUTO Nt-AZ RL 0000013 09 OGIO I2010 06/0112020 COMBINED SINGLE LIMIT $5,000.000 LIAGILITY IS SUBJECT TO A Sill PAYABLE FROM PROGRAM r ENDS) ANNUAL POOL AGGkF.:CATE NONE PROPERTY N142-RLA000013 09 06/01/2018 0/310112020 ALL RISK PER OCC EXCL EO a FL $75,000,000 EARTHQUAKE PER OCC $1,000,000 FLOOD PER OCC $1,000,000 (PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE NONE '.. MISCELLANEOUS PROFESSIONAL LIABILITY N1 A3-RL-0000060-09 06101/2018 06/0112020 PER CLAIM $1,000,000 (LIA811.try IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $40,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES/SPECIAL ITEMS Regarding funding received. The City of Kent, its elected,and appointed officials are named as Additional Insured regarding this funding only and are subject to policy terms,conditions, and exclusions.Additional Insured endorsement is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE,POt.I CY PROVISIONS. ' CERTIFICATE HOLDER AUTHORIZED REPRESENTATIVE 'y CItYy Of Kent 220 4th Ave S Kent,WA 98032 3393639