HomeMy WebLinkAboutPK2018-0232 - Original - Artifacture, Inc. - Parcourse Circuit at Morrill Meadows Park (artwork) - 10/05/2018I
KENT
Wa s H r N c r o N
ARTISTIC SERVICES AGREEMENT
between the City of Kent and Artifacture, Ine.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Artifacture, Inc., a Washington corporation, located and doing business at l2l4
NW 121st, Seattle, WA 98177-4639; Q06) 699-6082 (hereinafter the "Artist").
RECITALS
1. The parties to this Agreement have previously contracted for Artist to provide a conceptual
design proposal for a parcourse circuit at Morrill Meadows Park ("artwork"), subject to a prior City Art
Program Agreement executed March 21,2018 ("Art Program Agreement").
2. The Art Program Agreement terminated by its own terms once all work was completed. Now
having had the time to review the Artist's artwork and discussing it with the City's Arts Commission, the City
desires to commission the artwork and for Artist to design, fabricate, and install the artwork for the City subject
to this Agreement.
3. The Artist acknowledges that it was fully compensated for all the work performed under the Art
Program Agreement, and has agreed to and welcomes the opportunity to design, fabricate, and install the
artwork at Morrill Meadows Park, which the City has agreed to commission and fund in accordance with the
terms and conditions set forth in this Agreement and its referenced exhibits.
AGREEMENT
NOW THEREFORE, in consideration of the mutual intent, desire, and promises of the parties and other
good and valuable consideration, City and Artist agree as follows:
I. DESCRIPTION OF WORK.
Artist shall perform the following services to create and install the arfwork for the City in accordance
with the following described plans and/or specifications:
Design, fabricate, and install artwork for the Parcourse Project at the Crty's Morrill Meadows
Park in accordance with the Scope of Work, attached and incorporated as Exhibit A, and
consistent with Artist's conceptual design proposal created under the Art Program Agreement.
Artist f,rrther represents that the services fumished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed.
il. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Upon the effective date of this
Agreement, Artist shall complete the work described in Section I by March 31,2019 (Phase 1) and March 31,
2020 (Phase2).
ARTIST SERVICES AGREEMENT - I
(Over $10,000)
III. COMPENSATION.
The maximum amount to be paid under this Agreement for the work described in Section I above is
$115,000 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. Payments to Artist for the work contracted for in this
Agreement shall be made as follows:
PHASE 1. Design
Upon completion of Task 1 for Phase l, and production by Artist of the noted deliverables, the Artist
may submit an invoice in the amount of $10,000.
Upon completion of Task 2 for Phase 1, and production by Artist of the noted deliverables, the Artist
may submit an invoice in the amount of $10,000.
Upon completion of Task 3 for Phase 1, and production by Artist of the noted deliverables, the Artist
may submit an invoice in the amount of $10,000.
PHASE 2: Artwork Fabrication and Installation
Upon approval of documents submitted in Phase l, the City's issuance to Artist of its Notice to
Proceed with Phase 2,the Artist's production of the noted deliverables for Task I of Phase 2, andthe
City's acceptance of the same as conforming, the Artist may submit an invoice in the amount of
$30,000.00.
Upon completion of Task 2 for Phase 2 (fabrication 50Yo complete), the Artist's production of the
noted deliverables, and the City's acceptance of the same as conforming, the Artist may submit an
invoice in the amount of $25,000.00.
Upon completion of Task 3 for Phase 2 (fabrication 100% complete), the Artist's production of the
noted deliverables, and the City's acceptance of the same as conforming, the Artist may submit an
invoice in the amount of $20,000.00.
Upon completion of Task 4 for Phase 2 andthe City's final approval of the artwork as installed,
which approval is to be given jointly by the Crty's Cultural Programs Manager and the City's Parks
Planning and Development Manager, or their designees, within 30 days of Artist's completion of the
artwork's installation, the Artist may submit an invoice for final payment in the amount of
$10,000.00.
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a
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The Artist shall submit payment invoices to the City for work performed in accordance with the above
payment schedule, which shall fully compensate Artist for all work described in this Agreement. The City shall
provide payment within thirty (30) days of its receipt of a proper invoice from Artist. If the City objects to all
or any portion of an invoice, it shall notifu the Artist 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 and that the Artist has the ability to control and direct
ARTIST SERVICES AGREEMENT . 2
(Over $10,000)
I
the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
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, and except as limited by Section XV below, the City may take possession of all
records and data within the Artist's possession pertaining to this project, which may be used by the City without
restriction. If the City's use of Artist's records or data is not related to this project, it shall be without liability
or legal exposure to the Artist.
VI. WARRANTY. Artist warrants that it will faithfully and satisfactorily perform all work provided
under this Agreement in accordance with the provisions of this Agreement. For a period of one year after the
City's acceptance of the Artwork's final installation, the Artist shall promptly correct all defects in
workmanship and materials: (1) when Artist knows or should have known of the defect, or (2) upon Artist's
receipt of notification from the City of the existence or discovery of the defect. The Artist shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Artist does
not accomplish the corrections within a reasonable time as determined by the City, the City may complete the
corrections and the Artist shall pay all costs incurred by the City in order to accomplish the correction.
VII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Artist, its subcontractors, or any person acting on behalf of the Artist 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. Artist 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.
VIII. INDEMNIFICATION. Artist shall defend, indemni$ 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 attomey fees, arising out of or in connection with the Artist'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 Artist'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 Artist and the City, its officers, officials, employees,
agents and volunteers, the Artist's liability hereunder shall be only to the extent of the Artist's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE ARTIST'S WAIVER OF IMMUNITY
LTNDER INSURAN TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. INSURANCE. The Artist 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.
ARTIST SERVICES AGREEMENT - 3
(Over $10,000)
X. EXCIIANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Artist for the purpose of completion of the work under
this Agreement.
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Except as limited by Section
XV below, 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 Artist
will be safeguarded by the Artist. Artist shall make such data, documents, and files available to the City upon
the City's request. The City's use or reuse of any of the documents, data and files created by Artist for this
project by anyone other than Artist on any other project shall be without liability or legal exposure to Artist.
XII. CITY'S RIGHT OF INSPECTION. Even though Artist 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 Crty's general right of inspection to secure
satisfactory completion.
XIII. WORK PERFORMED AT ARTIST'S RISK. Artist 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 pu{pose. All work shall be done at Artist's own
risk, and Artist 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.
XIV. TITLE TRANSFER & COPYRIGHTS. The Artwork created pursuant to this Contract shall
become the property of the City upon installation of the Artwork at the Site(s). Upon the City's acceptance of
the Artwork's final installation, title to the Artwork shall transfer to the City and become the property of the
City. Artist shall retain copyrights to the Artwork as provided by and subject to Section XV below. The rights
granted by this provision shall survive the expiration of this Contract.
XV. ORIGINAL ARTWORK CREATION. The Artist's services under this Agreement may
include the creation of original artwork in the form of original designs in sufficient detail and scale so that the
City or its agents or assigns could fabricate and install the Artist's specific original creation. In that event, the
following terms and conditions will also apply, but only to that portion of the Artist's work under this
Agreement that is directly related to the Artist's creation of the original artwork:
A. Original Artwork. Artist's original designs created under this Agreement constitute original
artwork.
B. Retention of Riehts and Issuance of License. The Artist retains all rights it may be entitled to
pursuant to the Copyright Act of 1976, 17 U.S.C. $ 101, et seq., and all other rights in and to the original
artwork, except ownership and possession. Because the original arfwork in its final dimension shall be unique,
the Artist shall not make any additional exact duplicate or three-dimensional reproductions of the original
artwork or permit others to do so except by written permission of the City. The Artist grants to the City and its
assigns an irrevocable license to reproduce the original artwork in any manner whatsoever for the purposes of
promotion, publicity, education, or exhibition of the original artwork or of the City Art Collection. All
reproductions by the City of the original artwork shall contain a credit to the Artist and a copyright notice
substantially in the following form: "Copyright, Artist's name, all rights reserved, date," in such a manner and
location as shall comply with the U.S. Copyright Laws. Any use of the original artwork reproductions by the
City, for profit, that is not directly related to the City fut program, shall be subject to Artist's advance approval
ARTIST SERVICES AGREEMENT - 4
(Over $10,000)
and Artist shall be entitled to reasonable royalties or additional usage fees. In that event, the parties shall
negotiate additional compensation due Artist.
C. Ownership of Documents. Models. All studies, drawings, designs, maquettes, and models of
original artwork prepared and submiued under this Agreement shall be returned to the Artist and shall belong to
the Artist. The City may select and the Artist shall convey to the City one of the original drawings of the
original artwork submitted as part of the Scope of Work, and the City represents that the drawing(s) will be used
by it solely for exhibition and held by it in permanent safekeeping, or as otherwise required by state records
retention schedules. At the request of the City, the Artist will loan the City studies, drawings, and maquettes of
any original artwork for use in display exhibits for reasonable time periods to be mutually agreed upon by the
Artist and City, and the Artist agrees not to unreasonably withhold Artist's consent. The City shall ensure that
all sfudies, drawings, or maquettes of original artwork contain a credit to the Artist and a copyright notice
substantially in the following form: "Copyright, Artist's name, all rights reserved, date," in such a manner and
location as shall comply with the U.S. Copyright Laws.
D. Intellectual ProLerll'. If for any reason the proposed design is not implemented, all rights to the
proposed Artist's original artwork shall be recognized as the Artist's intellectual property and protected from
infringement in accordance with Federal Law.
E. Alteration of the Work or of the Site. The City agrees that it will not alter, modi&, or change
Artist's original arfwork without first attempting to obtain the prior written approval of the Artist. Relocation of
the arfwork is not an alteration, modification, or change triggering notice under this section.
F. Artist's Address. The Artist shall notifu the City of changes in address. The failure to do so, if
such failure prevents the City from locating the Artist, shall be deemed a waiver by the Artist of the right
subsequently to enforce this Section XV of this Agreement. Notwithstanding this provision, the City shall make
a reasonable effort to locate the Artist when matters arise relating to the Artist's rights.
G. Surviving Covenants. The covenants and obligations set forth in this Section XV shall be
binding upon the parties, their heirs, legatees, executors, administrators, assigns, and all their successors in
interest, and the City's covenants do attach and run with the Artist's original artwork and shall be binding to and
until twenty (20) years after the death of the Artist. In the event of the Artist's death, the City shall pay any
outstanding amounts to the Artist at the time of death to the Artist's estate.
XIV. 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 perfornance 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 govemed 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
ARTIST SERVICES AGREEMENT - 5
(Over $10,000)
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, 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
VIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Artist.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
attached Exhibits, 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 Artist agrees to comply with all federal, state, and municipal laws,
rules, and regulations that are now effective or in the future become applicable to Artist's
and personnel engaged in operations covered by this Agreement or accruing out of the
business, equipment,
performance of those
operations.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last
date entered below.
ARTIST:
By
(signature)
PrintName:
Its
Z4t#A I
(Title)
DATE: 1 1A
CITY OF KENT:
By
(signature)
Dana RalphPrintName:
Its Mavor
(Tilte)
DATE
NOTICES TO BE SENT TO:
ARTIST:
Attn: Clark Wiegman
Artifacture, Inc.
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
Citv of Kent Parks, Recreation and
ARTIST SERVICES AGREEMENT - 6
(Over $10,000)
1214 NW 121"
Seattle, WA 98177-4639
(20 6) 699 - 6082 (telephone)
c lark@artifacture. org
Community Services Department
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
(253) 8 56-6050 (facsimile)
rbillerbeck@kentwa. gov
APPROVED AS TO FORM:
Kent Law Departrnent
ARTIST SERVICES AGREEMENT - 7
(Over $10,000)
EXHIBIT A
SCOPE OF WORI(
Artwork Design, Fabrication and Installation
Morrill Meadows Park Parcourse Art
Background
Parks Deputy Director and acting Planning and Development Manager (Brian Levenhagen) and Cultural
Programs Manager (Ronda Billerbeck) and Artist (Clark Wiegman), or their designees, agree that the artwork
should include five free-standing parcourse stations that will create visual amenities, as well as a comprehensive
parcourse exercise circuit. The pieces should be designed to resist wear and tear associated with their intended
use and should be functional with minimal interpretation required.
PHASE 1 - DESIGN
Task L : Contract Execution/Mobilization
a) Review construction document schedule with Parks Planning and Development Manager to ensure
inclusion of Artist input as necessary
b) Develop work plan
Deliverables: Fully executed contract; written work plan.
Task 2: Design Development
a) Present Design Proposal to Kent Arts Commission/Design Review Committee, including:
1. Visual representation of the artwork, with an indication of scale
2. Brief written description of the design proposal
3. Information sheet(s) detailing materials, methods of fabrication, estimated weight loads,
preliminary attachment and installation mechanisms with footing or foundation
requirements.
4. Budget outlining breakdown of materials, artist's and fabricator's fees, and other costs,
including tax and contingency. (The total artwork budget is $l15,000 for all phases.)
b) Based on input from Design Review Committee, make modifications in Preliminary Design
c) Present Final Design Proposal to Kent Arts Commission/Design Review Committee for approval
Deliverables: Presentation(s) to Kent Arts Commission/Design Review Committee, Final Design
Task 3 Construction documents and CNC (Computer Numerical Control - digital files for fabrication)
a) Work with Parks Planning and Development Manager to ensure that appropriate placeholders for the
artwork are included in the project construction documents
b) Develop final design documents needed to accomplish fabrication and installation
c) Coordinate installation decisions and attachment methods with Parks Planning and Development
Manager
d) Present to Kent Arts Commission/Design Review Committee as appropriate
ARTIST SERVICES AGREEMENT . 8
(Over 510,000)
Deliverables: Construction documents and files for fabrication and installation (including detailed
design/construction drawings appropriate to phase of developinent; location and placement of artwork shown on
site plan; dimensions; materials and finishes; fabrication and installation tasks, responsibilities, schedule)
PHASE 2 - FABRICATION AND INSTALLATION
Task L Start-up Fabrication/materials
Deliverables: Submit fabrication and installation schedule to Cultural Programs Manager and Parks Planning and
Development Manager for approval
Task2 Fabrication-Yz
a) Begin fabrication
b) Coordinate arfwork engineering review with Parks Planning and Development
Deliverables: Artwork fabrication 50% complete
Task 3 Fabrication/finishing complete
Deliverables: Artwork 100% fabricated
Task 4 Installation and documentation
a) Schedule artwork installation with Cultural Programs Manager and Parks Planning and Development Manager
b) InstalVoversee installation of artwork
c) Submit maintenance, cleaning, and repair specifications.
Deliverables: Artwork installed; Maintenance/cleaning lrepak specifications in writing
ARTIST SERVICES AGREEMENT - 9
(Over $10,000)
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by the Contractor, their agents, representatives, employees or subcontractors.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal injrr.y and advertising injury, and liability assumed under an
insured confract. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO
additional insured endorsement CG 20 l0l1 85 or a substitute endorsement providing
equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Offrce (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
3. Workers' Compen$A[iqn coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with limits no less than $2,000,000
each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
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:_
1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance
and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party,
except after thirty (30) days prior written notice by certified mail, retum receipt requested, has been given to
the City.
EEO COMPLIANCE DOCUMENTS. 1
EXHIBIT B (Continued)
3. The City of Kent shall be named as an additional insured on all policies (except Professional Liabilify) as
respects work performed by or on behalf of the contractor and acopy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance
shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same
insurance requirements as stated herein for the Contractor.
EEO COMPLIANCE DOCUMENTS - 2
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUMTY 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,
consultant, subcontractor, or supplier on this specific Agreement to adhere to. An affrrmative response is
required on all of the following questions for this Agreement to be valid and binding. If any contractor,
consultant, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined,
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
I . 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, coloro
national origin, age, or the presence of all sensory, mental or physical disability.
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.
aJ
4.
5
During the time of the Agreement, I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below,I agree to fulfill the five requirements referenced above
Dated this 6a day of €r rl-a^.200F_.
By
For: A^21".-Z^- T/-
-T
Title: ?".*l*t-
Date:4 lo.te
EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January l, 1998
SUBJECT:MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April l, 1996
APPROVED BY Jim White, Mayor
1
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:
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.
Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the Crty's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
1
EEO COMPLIANCE DOCUMENTS. 4
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,theundersigned,adu1yrepresentedagentofCompany,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 firlly with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 andthe Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this --- day of 200
For:
Title:
Date:
By
EEO COMPLIANCE DOCUMENTS - 5