HomeMy WebLinkAboutCAG2019-035 - Original - Communication and Government Relations Consultation �* T 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 253-856-5725.
Vendor Name: Bailey Stober
Vendor Number (]DE): 1960386
Contract Number (City Clerk):
Category: Contract Agreement
Sub-Category (if applicable): None
Project Name Communications and government relations consultation
Contract Execution Date: 01/23/19 Termination Date: 01/30/20
Contract Manager:
Derek Matheson Department: Administration
Contract Amount: $20,000.00
Budgeted: ❑ Grant?
I�
Part of NEW Budget: F u
Local: State: ❑ Federal: ❑
Related to a New Position: Anything preventing public disclosure?
Basis for Selection of Contractor? Direct Negotiation
Approval Authority: F7 Director El Mayor 1-1 City Council
Other Details: For consultant services defined in the scope of work, Exh. A
Account # 10001310.64190.1241
"+ ✓ KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Bailey Stober
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Bailey Stober organized under the laws of the State of Washington, located
and doing business at 1349 51s' PI NE, Auburn, WA 98002 (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:
Contract services for communications and government relations under the direction of the
mayor, chief administrative officer and communications manager for 2019. See the attached
scope of work for details.
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 January 31, 2020.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
twenty thousand dollars annually ($20,000.00), 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 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.
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)
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 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 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
CONSULTANT SERVICES AGREEMENT - 3
($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:
Btn�t
Bry at Print Name
(^ Y•(sg aCu� (Si nathe)
e: '� ^� Derek Matheson
T Its r r 'UA Its: Chief Administrative Officer
ilde T J
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Bailey Stober Derek Matheson, Chief Administrative Officer
City of Kent
1349 51s' PI NE 220 Fourth Avenue South
Auburn, WA 98002 Kent, WA 98032
(206) 733-0464 (telephone) (253) 856-5700 (telephone)
----- (facsimile_) (253) 856-6700 (facsimile)
ATTEST:
Kent City Clerk
P'.\Mayor&AdminlstrallorLADMINISTMIIVE aEMS\Coredte,I,\Halley Sfober\ServlcesAgreemen[_HSlober
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
EXH A
Proposed Scope of Work
For Communications & Government Relations Services
January 2019 — January 2020
Prepared for:
City of Kent
Submitted by:
Bailey Stober
(206) 733-0464
stbril@rna%I,cgm
1349 515L PL NE Auburn, WA 98002
EXHIBIT B
INSURANCE REQUIREMENTS
No Insurance is required for this Contract.
,M New Vendor
,I KE T Vendor Set—up Form ❑ AddressC.hange,
W/.9MINOTOX To be filled out by Vendor ONLY Vendor Number
220 Fourth Avenue South-Kent,WA 98032-5895•Phone: 253-856-5200•Customerservice@KentWA.gov
Name,as it will ppear on check (NOAa9REvIATIONs) Doing Business As(If different than name on check)
Payment Address Business Address
1> GAAS-)°tom �,4)
Cit State Zip City State Zip
Phone Number Accounts Rece able Contact
• (check then ro riateboir)
y�,lnclvidual proprietor orsingle-member LLC ❑ Ccorporation ❑ Scorporation ❑ Partnership ❑ Trust/Estate
❑ Limited liability company:Enter the tax classification(C-C corporation,S=S corporation,P-Partnership)
Note:For a single-member LLC that is disregarded,do not check LLC,check the appropriate box in the line above for
the tax classification of the single-member owner.
• Th It business is
dMinc rity Owned ❑ Women Owned ❑ Both Minority and Women Owned ❑ Neither
Willyou provide medical services to the City of Kent? ................................,........................................-......... ❑Yes ,No
Will you provide legal services to the City of Kent? _........................................................................................ ❑Yes No
Will you provide services other than medical or legal to the City of Kent?.............................................. X Yes []No
Will you provide parts,supplies or materials to the City of Kent? ............................................................... ❑Yes P No
Do you pay sales tax to the State of Washington? .................................................__...........,..,......................,. Ml Yes ❑No
if exem t from Form 1099 reporting, and check your qualifying exemption reason below:
❑ 1. Corporation,except there is no exemption for medical and healthcare payments
or payments for legal services
❑ 2. Tax Exempt Charity under 501(a),or IRA
❑ 3. The United States or any of its agencies or instrumentalities
❑ 4. A state,the District of Columbia,a possession of the United States,or any of their political subdivisions
❑ 5. A foreign government or any of its political subdivisions
Name(Owner of the Tax Payer Identification Nu ber(FIN oorr'SSN)as name appears on IRS or Social Security
Administration Redo-rd�s)�.� V, �..)�, k ...._. _�..._._.._.....
r,• w
Social Securit #: '" "' or Federal TIN
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 subje5j to backup withholding as a result of a failure to report all interest or
dividends,or(c)the IRS h notified th;;0 d Ionnor subject to backup withholding.
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