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HomeMy WebLinkAboutPK18-475 - Original - Melissa Ponder - Older Adult Assessment - 12/21/2018 �eT 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 2.53-856-5725, Vendor Name: Melissa Ponder Vendor Number (JDE): Contract Number (City Clerk): Y �Ll ZS 6 Category: Contract Agreement Sub-Category (if applicable): None Project Name: Older Adult Assessment Contract Execution Date: 12-21-2018 Termination Date: 2-28-2019 Contract Manager: Department:Lori Guilfoyle Parks Contract Amount: $10,000 Budgeted: ❑✓ Grant? Part of NEW Budget: ❑ Local: F-1 State; Federal: Related to a New Position: Basis for Selection of Contractor? Direct Negotiation Approval Authority: ICI Director Mayor City Council Other Details: O T CONSULTANT SERVICES AGREEMENT between the City of Kent and Melissa Ponder THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Melissa Ponder organized under the laws of the State of Washington, located and doing business at PO Box 13202 Des Moines, WA 98198 (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: The Older Adult Assessment will support the Human Services Master Plan Development as well as uncover potential opportunities for Veterans, Seniors and Human Services Levy funding opportunities. Project Objectives Objective 1: Identify explicit and hidden assets within and/or serving Kent older adults to identify needs and service delivery gaps. Objective 2: Compile existing data to identify service delivery gaps. Objective 3: Collect additional data to identify service delivery gaps, barriers, and recommendations. 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 Feburary 28, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $10,000, 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 Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this 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. CONSULTANT SERVICES AGREEMENT- 1 ($20,000 or Less) 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 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. CONSULTANT SERVICES AGREEMENT- 2 ($20,000 or Less) 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 attomeys'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. Recvci!able 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. Noru-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 Dis_ tes 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 CONSULTANT SERVICES AGREEMENT- 3 ($20,000 or Less) 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. Atd en._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. �ssjgnfrrgDA. 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� . 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. Ccarroplia_n..ce wi h 8 aws. 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. 6?ubliq 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. • City Businp5.5iLense Required.. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Couriteroarts and Si grratures._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 CONSULTANT SERVICES AGREEMENT - 4 ($20,000 or Less) 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: By: . Print Name; iti l - .__ ., . _.....__..__ (sign�turey ? (ailgn a e) S i E x . � :,y Print ame: Merina Hanson Its:,_,_..__ Its: Housing & Human Services Manager DATE: f ' c I > c �. ,' DATE:--,.I 'r" IZ ' „L� '1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Melissa Ponder Lori Guilfoyle City of Kent PO Box 13202 220 Fourth Avenue South Des Moines, WA 98198 Kent, WA 98032 (253) 253.856.5061 (telephone) 206.419.0717 (telephone) (253) 253.856.6070 (facsimile) (facsimile) ATTEST: K t Cik Clerk [M ffis field,you may enter the elatmni filepaffi where ttc mmm�fias Geenu U] CONSULTANT SERVICES AGREEMENT - 5 ($20,000 or Less) 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. � ;, 9 �✓ By: � �r�V'1 For: Title: Cf.r a ' C-C-L Date: 2 (r 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 EXHIBIT A SCOPE AND SCHEDULE OF WORK CONSULTANT SERVICES AGREEMENT Melissa Ponder - Consultant Older Adult Landscape Scan and Key Stakeholder Input PROJECT SUMMARY The Older Adult Assessment will support the Human Services Master Plan Development as well as uncover potential opportunities for Veterans, Seniors and Human Services Levy funding opportunities. Project Objectives Objective 1: Identify explicit and hidden assets within and/or serving Kent older adults to identify needs and service delivery gaps. Objective 2: Compile existing data to identify service delivery gaps. Objective 3: Collect additional data to identify service delivery gaps, barriers, and recommendations. SCOPE OF WORK During the term of this agreement, the Consultant shall: A. Demographic Data: a. Identify research and data collection of partner organizations and funders. Other sources may include: Department of Social and Health Services; Office of Refugee Immigrant Assistance; Public Health- Seattle & King County; Seattle/King County Aging and Adult Services; as well as other agencies and organizations which may be based outside of Kent city limits but serving Kent citizens. B. Community Based Data: a. Co-design focus group process and questions with Community Leaders. b. 5 in-language focus groups will be facilitated within Kent city limits with key stakeholder cultural groups with bilingual facilitators and note-takers. c. Final meeting with Community Leaders to review findings and discuss recommendations. C. Submit draft written recommendations for full report by Feb ,2019 D. Final Report detailing process, activities, and data collected from above. E. Consult with the City as needed. 1 Budget': Consultant Costs $ 5,000 Focus Group facilitation and notetaking $ 3,125 Focus Group Incentives $ 1,375 Miscellaneous (materials, food, beverage) $ S0o Total Project Reimbursement: $10,000 Billing Timeline & Schedule of Work The Consultant may submit billing monthly as scope of work element is completed or one single billing for services rendered. Billing should be submitted by invoice created by the consultant. Such documentation will include the following (as applicable): Scope of work element completed, name of those attending focus groups or interviews, miscellaneous costs total (receipts not required). The billing timeline and Schedule of Work are as follows: Billing Timeline: Final Billing Voucher February 28,2019 Schedule of Work: Draft Report Due to City February 20, 2019 Final Report Due to City February 28, 2019 Contract Administration and! Managemelnn The above services shall begin within five days from execution of the Consultant Services Agreement. The Final Report shall be provided no later than February 28, 2019. Failure to provide services by the dates listed in the Schedule of Work could lead to the termination of this Agreement and forfeit payment to the Consultant. Please sign to indicate acceptance of the Scope and Schedule of Work listed above. lJle ' sa Consultant DatL r 2 2I . 2bf Hanson,, yr of Kent 4ate Housing & Human Services Manager Parks Department, Housing & Human Services Division These are estimated costs that will depend on the number focus groups and collection of demographic and community data. The consultant has the discretion on the final number of focus groups, and the number could be impacted by organizational availability. 2 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant'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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $100,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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CERTIFICATE PERIOD IIC,CI I I]IF(:ATP WIIB FL MAIN 101 FY]RUF FROM THE INCI PTIONOFIHI Y)LICY AlIIt IFItr Ia]I ICYK8e,AFa I I 1)()P tRVIHS_ 1'01 ICY INCE['I ON PArI sir �,..j 1:1(11 AM 1 1 12M%J NOON Steoclatd Tins,al flu locs@oo A to,P4 Ulayd Ralo ", PROVISIONS This loon is nonfe contract oNtsurzmce,Uutattests that a policy as senfified above has been issued_ he provlslonsoFthepeUcy shall prevail in all Irgy„yreiyte. SHOWN I11F AUd'1V+L_DI hd.kYlEiLDReOI,.IhYlk.CANCELLEO BEFORE THEEMIOZA'VONNATE NIEOF01 NOIJC1 W1U'DrDBT NI IEED IIN: ACCORDANCE WITH THE POLICY PR VV ISIU NS. AuOonyed Repleseatdhve Date Cl CW 111 01 14