HomeMy WebLinkAboutCity Council Committees - Operations Committee - 10/07/2008
Operations Committee Agenda
Councilmembers: Debbie Raplee*Les Thomas*Tim Clark, Chair
Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the 1st and 3rd
Tuesdays of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South,
Kent, 98032-5895. Dates and times are subject to change. For information please contact
Nancy Clary at (253) 856-5705.
Any person requiring a disability accommodation should contact the City Clerk’s
Office at (253) 856-5725 in advance.
For TDD relay service call the Washington Telecommunications Relay Service at 1-
800-833-6388.
October 7, 2008
4:00 p.m.
ItemDescription Action Speaker Time Page
1. Approval of minutes YES 1
dated September 16, 2008
2. Approval of vouchers dated YES Bob Nachlinger
September 30,2008
3. Appeals phase of the Non-Represented YES Becky Fowler 15 Min. 5
Classification and Compensation Study
2008 in the Amount of $34,150.00
4. Agreement for Police Department YES Jeff Watling 10 Min. 9
Firing Range Targeting System in
the Amount of $93,846.00
5. Cell Phone Recycling Program to YES Tom Brubaker 05 Min. 23
Benefit Domestic Violence Victims
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EMPLOYEE SERVICES
Sue Viseth
Director
400 West Gowe
Kent, WA 98032
Fax: 253-856-6270
OFFICE: 253-856-5276
City of Kent Employee Services Department
October 7, 2008
TO: Operations Committee
FROM: Becky Fowler, Benefits Manager
THRU: Sue Viseth, Employee Services Director
SUBJECT: Non Represented Classification and Compensation Study 2008
Motion: I move to recommend authorization of staff recommendations of the
appeals phase for the Non-Represented Classification and Compensation
Study for the professional, technical, and administrative positions in the
amount of $34,150.00 provided for in the 2008 budget.
SUMMARY: The Employee Serves Department conducted the 2008 Non-Represented
Classification and Compensation Study for the professional, technical, and
administrative support positions throughout the City. After approval from Council, it
went into effect on July 1, 2008. The total cost of implementation for the remainder of
2008 (six months) was $191,910.00. The total cost for a twelve-month period would
have been $383,820.00. In the 2008 budget, $350,000 was set aside to implement
the classification and compensation study on July 1, 2008, for the remaining six
months of the year.
There was an appeals process that allowed incumbents to discuss the initial
recommendation of their positions and make a case in front of panel members from
the task force. The appeals process has been completed.
There were twenty-four classifications that appealed. The task force approved
compensation increases for sixteen of the twenty-four classifications. The appellants
will receive the new salaries retroactively paid back to July 1, 2008. The cost of
implementing the appeal decisions for the remainder of 2008 (six months) is
$34,150.50. When the $34,150.50 is combined with the increases given on July, 1
2008, the total cost for implementation for the remainder of 2008 is $226,061. This is
still considerably less than the amount budgeted in the 2008 budget. If approved, the
total cost for a twelve-month period would be $452,122. We are pleased to say that
the project came in on time and under budget for 2008. This also concludes all of the
phases of the current compensation study.
Sue Viseth, Director
5
Operations Committee Memorandum
October 7, 2009
BUDGET IMPACT: $34,150.50 (6-month 2008 cost)
$68,301.00 (12-month cost)
BACKGROUND: The last salary review for this group of Non-Represented employees
was conducted in 2002. This is in contrast to the City’s represented employees who
are reviewed every three years during the collective bargaining process. Conducting
the compensation study allows the City to remain competitive in the labor market,
affording the City the ability to recruit and retain high quality staff.
If you have any questions regarding this request please feel free to contact me at 253-
856-5290.
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Parks, Recreation and Community Services
Jeff Watling, Director
Phone: 253-856-5007 number
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: October 7, 2008
TO: City Council Operations Committee
FROM: Charlie Lindsey, Superintendent of Facilities
VIA: Jeff Watling, Parks, Recreation and Community Services Director
RE: Agreement for the Police Department Firing Range Targeting System -
Authorize
MOTION: Move to recommend authorizing the Mayor to sign the agreement
with Mancom, Inc. for $93,846.00, plus Washington State Sales Tax for
the purchase and installation of a new firing range targeting system,
subject to final terms and conditions acceptable to the City Attorney.
At the request of the Police Department, Parks Facilities advertised a Request for
Proposals for a new targeting system at the Firing Range. Two responses were
received: Mancom, Inc. at $93,846.00, plus sales tax and Meggitt, Inc. at
$91,868.00, plus sales tax.
Mancom, Inc offered the city a state-of-the-art system with 21st century technology
using Windows XP and touch screens. Meggitt, Inc. offered a system identical to the
one being replaced, using Windows 98 with a 386 m/h computer processing
unit. The Police Department evaluated both proposals and, based on system needs,
recommends awarding the contract to Mancom, Inc. for $93,846.00, plus sales tax.
EXHIBIT: RFP cover sheet, summary of proposals, draft contract
BUDGET IMPACT: Budgeted through Police funds
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10
CITY OF KENT, WASHINGTON
REQUEST FOR PROPOSALS
Firing Range Target, Communication, and Control System
PROJECT TITLE: Firing Range Target, Communication,
and Control System
PROPOSAL DUE DATE: September 15, 2008, at 4:00 p.m., Pacific Time
EXPECTED TIME PERIOD November 24, 2008 through January 24, 2009 for
FOR CONTRACT: performance and the ability to maintain installed
system through December 31, 2019.
PROPOSER ELIGIBILITY: This process is open to those Proposers registered to
do business in Washington State that exhibit financial
stability, experience, resources and skill to accomplish
the project herein described.
CONTENTS OF THE
REQUEST FOR PROPOSALS: 1. Introduction
2. General Information for Proposers
3. Proposal Contents
4. Evaluation and Contract Award
5. Exhibits:
Exhibit A. Certifications and Assurances
Exhibit B. Draft Contract
Exhibit C. Insurance Requirements
6. Attachments
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PUBLIC WORKS AGREEMENT - 1
PUBLIC WORKS AGREEMENT
between City of Kent and
[Insert Contractor's Company Name]
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and [Insert Contractor's Co. Name] organized under the
laws of the State of [Insert State Co. Formed Under], located and doing business at [Insert
Contractor's Address, Phone Number, and Contact Person] (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the
following described plans and/or specifications:
Design, install, and provide for the maintenance of a firing range target,
communication and control system with a ten year warranty as further described in
the City’s Request for Proposals and the Contractor’s ______, 2008, Response,
attached and incorporated.
Contractor 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 such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon execution of this Agreement. Upon the effective
date of this Agreement, Contractor shall complete the work described in Section I [Type either
"within" or "by" depending on deadline in next form field] [Insert either a date specific or enter
# of days, weeks, months, years, etc.].
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
plus any applicable Washington State Sales Tax, for the work and services contemplated in this
Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of
the work described in the invoice that has been completed by the Contractor and approved by
the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection
and acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall
provide the City a payment and performance bond for the full contract
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PUBLIC WORKS AGREEMENT - 2
amount to be in effect until sixty (60) days after the date of final acceptance,
or until receipt of all necessary releases from the State Department of
Revenue and the State Department of Labor and Industries and until
settlement of any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor for a period of sixty (60)
days after the date of final acceptance, or until receipt of all necessary
releases from the State Department of Revenue and the State Department of
Labor & Industries and until settlement of any liens filed under Chapter 60.28
RCW, whichever is later. The amount retained shall be placed in a fund by
the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by
the Contractor within fourteen (14) calendar days of Contractor’s signature
on the Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work. Defective
or unauthorized work includes, without limitation: work and materials that
do not conform to the requirements of this Agreement; and extra work and
materials furnished without the City’s written approval. If Contractor is
unable, for any reason, to satisfactorily complete any portion of the work, the
City may complete the work by contract or otherwise, and Contractor shall be
liable to the City for any additional costs incurred by the City. “Additional
costs” shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due
or to become due the Contractor.
D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF
FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A
WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE
TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement and that the Contractor 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.
V. TERMINATION. The City may terminate this Agreement for good cause. “Good
cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly
skilled workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
Agreement.
C. The Contractor’s failure to make full and prompt payment to subcontractors
or for material or labor.
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PUBLIC WORKS AGREEMENT - 3
D. The Contractor’s persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor’s breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any
further money due under this Agreement until the Contract work is completed. After
termination, the City may take possession of all records and data within the Contractor’s
possession pertaining to this project which may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the
bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code
of Washington, as well as any other applicable prevailing wage rate provisions. The latest
prevailing wage rate revision issued by the Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this Agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order
request to the person listed in the notice provision section of this Agreement, section XV(D),
within fourteen (14) calendar days of the date Contractor knew or should have known of the
facts and events giving rise to the requested change. If the City determines that the change
increases or decreases the Contractor's costs or time for performance, the City will make an
equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Contractor on all equitable adjustments. However, if the parties are unable to agree, the City
will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed
with the change order work upon receiving either a written change order from the City or an oral
order from the City before actually receiving the written change order. If the Contractor fails to
require a change order within the time specified in this paragraph, the Contractor waives its
right to make any claim or submit subsequent change order requests for that portion of the
contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work; however, the Contractor may elect to protest the adjustment
as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change
order that is accepted by Contractor as provided in this section shall constitute full payment and
final settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Contractor may file a claim as provided in this
section. The Contractor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be
conclusively deemed to have been waived by the Contractor unless a timely written claim is
made in strict accordance with the applicable provisions of this Agreement.
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PUBLIC WORKS AGREEMENT - 4
At a minimum, a Contractor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or
disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall
have access to any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services
required by the City under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the
City a one-year warranty bond in a form and amount acceptable to the City. The Contractor
shall correct all defects in workmanship and materials within one (1) year from the date of the
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PUBLIC WORKS AGREEMENT - 5
City’s acceptance of the Contract work. In the event any parts are repaired or replaced, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Contractor shall begin
to correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor shall pay all
costs incurred by the City in order to accomplish the correction.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Contractor warrants goods are merchantable, are fit for the particular purpose for
which they were obtained, and will perform in accordance with their specifications
and Contractor’s representations to City. The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's
acceptance of the Contract work. In the event any part of the goods are repaired,
only original replacement parts shall be used—rebuilt or used parts will not be
acceptable. When defects are corrected, the warranty for that portion of the work
shall extend for one (1) year from the date such correction is completed and
accepted by the City. The Contractor shall begin to correct any defects within
seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Contractor
shall pay all costs incurred by the City in order to accomplish the correction.
X. MAINTENANCE WARRANTY. Contractor warrants that the Contract Work will be
subject to repairs and maintenance to assure a useful life for a period of not less
than ten (10) years under the terms of the addenda hereto attached.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on
behalf of the Contractor or sub-contractor 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.
Contractor 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.
XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor'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 Contractor
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PUBLIC WORKS AGREEMENT - 6
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #]
attached and incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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.
XV. 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 XII 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.
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PUBLIC WORKS AGREEMENT - 7
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 Contractor.
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. In the event of an inconsistency in this
Agreement, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable federal and state statutes and regulations and City laws,
ordinances, and regulations;
2. Agreed amendments to this Agreement;
3. This Agreement, including the insurance requirements exhibit;
4. Contractor’s Certifications and Assurances submitted with its proposal;
5. Contractor’s proposal responding to the City’s Request for Proposals;
6. The City’s Request for Proposal document and any addenda to the Request
for Proposal;
7. Any other provision term, attachment, or material incorporated herein by
reference or otherwise incorporated.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. 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.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONTRACTOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Suzette Cooke
Its Mayor
DATE:
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PUBLIC WORKS AGREEMENT - 8
NOTICES TO BE SENT TO:
CONTRACTOR:
[Insert Contact Name]
[Insert Company Name]
[Insert Address]
[Address - Continued]
[Insert Telephone Number] (telephone)
[Insert Fax Number] (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
[Insert Name of City Rep. to Receive Notice]
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) [Insert Phone Number] (telephone)
(253) [Insert Fax Number] (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
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EEO COMPLIANCE DOCUMENTS - 1
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.
Dated this day of ____, 200__.
By:___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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EEO COMPLIANCE DOCUMENTS - 2
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.
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EEO COMPLIANCE DOCUMENTS - 3
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.
Dated this day of , 200___.
By:___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone: 253-856-5770
Fax: 253-856-6770
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
October 1, 2008
To: Operations Committee
From: Tom Brubaker, City Attorney
Regarding: Cell Phone Recycling Program to Benefit Domestic Violence Victims
MOTION: Recommend Council establish a project account into which
community donations and cell phone recycling revenue may be deposited
to fund emergency assistance to domestic violence victims, amend the
budget as required, and authorize expenditure of these funds for
emergency assistance to domestic violence victims.
SUMMARY:
In 2007 the Kent Police Department responded to 6,880 domestic violence
incidents. Over 1,000 of those cases involved assaults where an arrest was made.
In an effort to help protect those victims that are at the greatest risk of harm, the
Law Department has established a program to provide emergency travel, shelter,
and meal assistance to domestic violence victims. This program is funded not only
by community donations, but also by the department’s cell phone recycling
program. The department’s victim advocates collect donated cell phone, and in
exchange, Shelter Alliance remits a nominal fee to the City for each phone recycled.
In 2007, Shelter Alliance remitted $1,787 to the City for recycled cell phones. So
far in 2008 the City has received an additional $138. In recognition of October
being Domestic Violence Awareness Month, the Law Department requests Council
approve establishment of a project account into which community donations and
cell phone recycling revenue may be deposited, amend the budget as required, and
authorize the expenditure of these funds on emergency assistance to domestic
violence victims.
BUDGET IMPACT:
None.
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