HomeMy WebLinkAboutCAG2021-269 - Amendment - #1 - National Development Council - Business Support Services for Microenterprise - 11/02/2021ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee Mayor
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingDate Received by City Attorney:
Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 200821
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
AMENDMENT - 1 OF 2
AMENDMENT NO. 1
NAME OF CONSULTANT OR VENDOR: National Development Council
CONTRACT NAME & PROJECT NUMBER:CAG2021-269 Business Support Services for
Microenterprise
ORIGINAL AGREEMENT DATE: June 4, 2021
This Amendment is made between the City and the above-referenced Consultant or Vendor
and amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant or
Vendor’s work is modified as follows:
1.Section I of the Agreement, entitled “Description of Work,” is hereby modified to add
additional work or revise existing work as follows:
In addition to work required under the original Agreement and any prior
Amendments, the Consultant or Vendor shall:
Add approximately ten additional service providers, discovered through
Business Support Services research, to the Directory deliverable.
2.The contract amount and time for performance provisions of Section II “Time of
Completion,” and Section III, “Compensation,” are modified as follows:
Original Contract Sum,
including applicable WSST
$38,000
Net Change by Previous Amendments
including applicable WSST
$
Current Contract Amount
including all previous amendments
$38,000
Current Amendment Sum $5,000.00
Applicable WSST Tax on this
Amendment
$0
Revised Contract Sum $43,000
DocuSign Envelope ID: 57BF8BAD-2D9B-4EF9-A091-16CC28B175E9
AMENDMENT - 2 OF 2
Original Time for Completion
(insert date)
September 30, 2021
Revised Time for Completion under
prior Amendments
(insert date)
n/a
Add’l Days Required (±) for this
Amendment
124 calendar days
Revised Time for Completion
(insert date)
January 31, 2022
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and
warranty provisions of the original Agreement.
All acts consistent with the authority of the Agreement, previous Amendments (if any), and
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed,
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be
deemed to have applied.
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name:
Its
(title)
DATE:
ATTEST:
___________________________
Kent City Clerk
APPROVED AS TO FORM:
(applicable if Mayor’s signature required)
Kent Law Department
[In this field, you may enter the electronic filepath where the contract has been saved]
DocuSign Envelope ID: 57BF8BAD-2D9B-4EF9-A091-16CC28B175E9
Daniel Marsh III
10/25/2021
President and CEO
Dana Ralph
Mayor
11/2/2021
KENT
5':.n6i
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
National Development Council (NDC)
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and National Development Council ("NDC"), a non-profit corporation organized under the laws
of the State of New York located and doing business at 1111 Superior Avenue East Cleveland, OH 44114
(212) 682-1106 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Small business resources landscape analysis and summary, in the form of a directory of local
resources in Spanish and English; and technical assistance as described in the detailed scope
incorporated into this agreement and attached as Exhibit A.
The 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. The Consultant shall complete the
work described in Section I by September 30t", 2021.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
Thirty -Eight Thousand Dollars ($38,000), 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 the period this Agreement is in effect.
B. The Consultant shall submit quarterly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as an
alternative to payment by check and is available for the convenience of the Consultant. If the
Consultant voluntarily participates in this Program, the Consultant will be solely responsible
CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
TV. 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 the
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 the 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 the
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 the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MA.7EURE. Neither party shall be liable to the other for breach due to delay or Failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The 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.
VIII. INDEMNIFICATION. The 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 the 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 the Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
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 the 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
the 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 National Development Council is not a Registered Municipal Advisory as defined in Dodd -Frank
and the Exchange Act and therefore cannot provide advice to municipal entity or obligated person with
respect to municipal financial products or the issuance of municipal securities., including structure, timing,
terms or other similar matters concerning such financial products or issues.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. 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.
CONSULTANT SERVICES AGREEMENT -
(Over $20,000)
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. 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. The 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 the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the 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.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The 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 the Consultant's own risk, and the 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.
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 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 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.
CONSULTANT SERVICES AGREEMENT - 4
(Over $20, 000)
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 the
Consultant.
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. 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. Com}liance with Laws. 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 the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public 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.
J. City Business License 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.
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K. Counterparts and Signatures 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
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.
CONSULTANT SERVICES AGREEMENT - 5
(over $20,000)
11/01/2021
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 sjgning below, I agree to fuT Ltie-gip requirements referenced above.
For:
Title: ' n ( o
Date:
EEO COMPLIANCE DOCUMENTS - I
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN
CONTRACTORS
POLICY:
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
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
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
Kent.
{date}, between the firm I represent and the City of
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.
By:_
For:
Title:
Date
EEO COMPLIANCE DOCUMENTS -
Exhibit A
Scope of Work
Small Business Support Services Landscape
NDC will perform a landscape analysis of small business support services in Kent/South King County. This
will include:
• Identification of existing service providers in Kent and organizations in South King County that
serve Kent businesses. This will come from online searches, interviews with City economic
development staff, and service providers. We expect to identify 20+ organizations.
• Online research to identify contact information and program offerings for each service provider.
• Phone calls with a selection of service providers to confirm research.
• Develop materials outlined below. NDC will provide draft deliverables to City of Kent staff for
review before final versions are submitted.
Deliverables include:
1-2 page document that provides a high-level overview of key support services that can be
provided to business owners for quick reference. Document will be provided in English and
Spanish.
Summary of each small business service provider to assist community -based organizations,
municipal staff, and other support providers to make better referrals. The guide will include
detail such as:
o Services provided
o Method to access services (physical location, website, application, etc.)
o Languagesspoken
o Other pertinent information
As much as possible, NDC will use visuals and simplified, jargon -free language in the guide to
facilitate translation into multiple languages.
• 2-3 page final report that summarizes the business support services available and identifies gaps
and opportunities for strategic investment in business support services.
Technical Assistance
NDC and sub -contractors will provide direct technical assistance to a selection of 3-5 businesses with
potential commercial affordability projects. We expect this TA to be provided to all businesses with
projects that are interested. However, if interest is higher than expected, NDC will provide existing
prioritization criteria used for the Commercial Affordability Pilot to City staff. City of Kent staff are
responsible for selecting businesses to receive technical assistance.
• NDC will be available to provide high-level technical support to 4-5 businesses identified by
City staff in the area of access to capital and financing strategies, such as analyzing debt
capacity, identifying capital resources, etc.
Third -party technical support for project planning and construction management will be
provided for a subset of selected businesses pursuing commercial affordability projects. We
anticipate to serve about 2-3 businesses with in-depth technical support, however, this
number can increase if more high-level support is the identified need. This assistance can be
further broken down into:
o Strategic Advisement (high-level) (2-5 hours)
■ Discussion of business and development strategy, including goals,
opportunities, challenges, and risks
o Process Advisement (high-level) (5-10 hours)
■ Outline of the Development Process to establish:
• What: Steps/Actions; scoping the brick and mortar project.
• Who: Roles & Responsibilities between client and on -call assistance
o Owner's Rep/Advocacy/Project Management Support (2-5 hours/week as needed
for duration of the project)
■ Oversight/Monitoring of Process & Establish Expectations on behalf of
owner to Keep all parties within Scope/Budget/Schedule
■ Can include the following throughout the process:
• Coordination with consultants
• Review completion of work to monitor disbursement of funds
• Design Review
• FF&E Review
• Signage Review
o Additional Support Services can also include: (10-20 hours per task)
■ Operational & Design Programming — Identifying/Establishing Project Goals
■ Feasibility Studies/Test Fits
• Preliminary Interior Layouts (Front-of-House/Back-of-House)
■ Signage Design
Budget
The total budget will be $38,000. This includes the following estimated breakdown:
Item
Budgeted Amount
(Votes
Small business resources
$19,000
landscape analysis and
summary
Exhibit A
NDC Scope of Work
pg• 2
Project technical assistance
$19,000
NDC will sub -contract with a
third -party technical expert to
provide project planning and
construction management
services. 10% of the TA budget
will cover NDC management of
third party contractor.
Total
$38,000
Exhibit A
NDC Scope of Work
pg. 3
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. 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. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant'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 Consultant's
insurance and shall not contribute with it.
2. The Consultant'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, return receipt requested, has been given
to the City.
EXHIBIT B (Continued)
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy 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 Consultant'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 ANII.
E. Verification of Coverage
Consultant 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 Consultant before commencement of the work.
F. Subcontractors
Consultant 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 Consultant.
AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MMI"21YYY)
5/7/20
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CDNTACT
NAME: _ Joy Lewis
Arthur J. Gallagher Risk Management Services, Inc. PHONE ------ - - FAX
P.O. Box 367 Nn • 206-566-7340 IAIC, No);
Bellevue WA 98009-0367 ADDRESS: Joy_Lewis@aig.eom
INSURED
National Development Council
One Battery Park Plaza, Suite 710
24 Whitehall Street
New York NY 10004
INSURER A: Federal Insurance Company Y. _ 20281
INSURER B : Chubb Indemnity Insurance Company 12777
INSURER C :
INSURER D :
COVERAGES CERTIFICATE NUMBER: 117R179819 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_
INSR ADOLSUBFTYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDYIYYYY MMIDDPOLICT EXP
LTR YYYY LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
35336064
5/112021
5/1/2022
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE OCCUR
$ 1,000,000
DAMAGE TO RATED---J
PREMISES Ea occurrence
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
GENERAL AGGREGATE
$ 2,000,000
POLICY ❑ PRO
JECT LOC
PRODUCTS - COMPIOP AGG
2,000,000
_$
$
11 OTHER:
A
AUTOMOBILE LIABILITY
73512244
5/1/2021
5/1/2022
COMBINED SINGLE LIMIT
Ea accident
$1,000,000
BODILY INJURY {Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY I AUTOS
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
X HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
A
X
UMBRELLA LJAB
X
OCCUR
79B9$760
5/1/2021
511 /2022
EACH OCCURRENCE
$ 10,000,00D
AGGREGATE
$ 10,000.000
EXCESS LIAB
CLAIMS -MADE
DED I X RETENTION $
_
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORIPARTNEFiIEXEGUTIVE Y�
OFFICERIMEMBEREXCLUDED?
(Mandatory in NH)
NIA
71656165
5l112021
5/112022
X PER OLTH-
STATUTE ER
C.L. EAGFi ACCIUtNT
' "' "" '�
E.L. DISEASE - EA EMPLOYEE
$1,400,D00
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If es, describe under
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional RemarRs Schedule, may be attached If more space is required)
The City of Kent is an Additional Insured as required by written contract.
r1C0TICU'ATr L C%l nCo rAWI1*C1 I ATIAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Kent
2200 Fourth Avenue
Kent WA 98032-5895
AUTHORIZED REPRESENTATIVE
Co3 19UU-ZUI5 ACORD GURPURATION. All rights reserves.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
C H U B B" Liability Insurance
Endorsement
Policy Period MAY 1, 2021 To May 1, 2022
Effective Date MAY 1, 2021
Policy Number 35336064
Insured NATIONAL COUNCIL FUR COMir UNrry
DEVELOPMENT INC, DUA NATIONAL,
Name of Company 1 FDERAL INSURANCE COMPANY
Dare Issued APRIL 15 , 2 019
f:}�.o?::�`.-L'?�mttr.Jvf:4Fi'?�i:?:;'.`:•:S:Z,.4�{:rk��0%R�'-::�'�YR�:l`k-:'tx��S?�.�F47fi::Y:2:::;fw�kiY:3!Yfi:F'� 'Lr,�:,>,':r&{fie^i:?f>�F�:s}:o,�'ti'?�fiY:�}::�f:'.�3k�R-53:Y:??�5.�'iSvFi1;:n'�:,�Yc-`,0d�kt'rb'RSfiar E•a..�::va1:nY.t�i:'ris�iSv'X'v'io-xs3YR�5f:&f•$-x';S%F.'s#.+adt:'t3Yx
This Fndorsement applies to the following forms:
GENERAL LIABILITY
',Y.^?:'•s ti.k ,:rLLh .YP;. .rf N}'�4f{^:'v .� ��'�ir i.%):%ix'i�.�iiii:�jf.:i5-'iv';N$:::g:%1:%t�;:Y'RS,4,:S:3:T.Y,`.}Sf:i9.`,�^:b.::'......�iF:i':����r�i'ism✓h�{:.ti::ytiv....-.,c.-�,+xt�itnw:.'f.<X::.`,'.:+•i1:
fdiv:.fis;..:.<;:r'S>.,.-..... ��;,,..�...'X...:a.A?k::dfiY.�.k...... f..f,.,a.�:.:.�.n,Y.,� . a . .,,• "„ '
Under Who Is An Insured, the bellowing provision is added.
Who Is An Insured
Additional Insured - Perwns or organizations shown in the Schedule are insureds-, but they are insureds only if you are
Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by
Or Organization this policy.
However, the person or organization is an insured only:
+ it• and then only to the extent the person of organization is described in the Schedule-.
to the extent such contract or agreement requires the person or organization to be afforded
status as an insiered,
• for activities that did not occur, in whole or in part, before the execution of the contract or
agreerment;and
• with respect to dannaget, loss, ct►st or expense for injury or dstrraage to which this insuran"
applies.
No person or organization is an insured under this pruvisiotr
• that is more specifically identified under any other provision of the Who Is An Insured
section (regardless of any limitation applicable thereto).
+ with respect to any assumption of liability (of another person or organization) by thern in a
untract or ttrrecrrtent. This limitation dues not apply to the liability for danx ges, loss, cost or
expense for injury or daintage, to which dais insurance :applies, that the person or organization
wotild have in the absence of such contract or agreement.
E!.S::a:�: �:-v:F•i:n:{�:-*.'{... : ;i � �t: �N� a:' � ' ...':A`:zt^4;f.� }:t:':.,.v . �,...' f Z};.t;•.., 3... ,.: �: r. r..•rskY:Gf4�f:�-ra;*;:4u.
:..o.:�.?:e.`.'ds.'R'S•,:<; •, ',��• "sy.;:gft•..4.,aYr::.. ::.•x•::;:�:;os �._;.+y ::,<: ...�x:x:,.:.;,, �.,..,.,._ ..•
Liability Insurance Additional Insured - Scheduled Person Or organization continued
Form 80-02.2367 (Rev. 5.07) Eridorsernent Page f
CHUBBf
Liability Endorsement
(continued)
Under Conditions, the following pravis on is added to the condition titicd Other Insurance.
Conditions
Other Insurance - If you are obligated, pursuant to a contract or agreement, to provide the person or organization
Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this puticy. there in suctr case
Insurance - Scheduled this insurance is primary and we will not seek contribution from insurance available to such person
Person Or Organization or organization.
??4k�f?f:`%i?S:tii£:k�f�;{`i:?:fgr�vR'f:�\'f.'¢�::w":�F,"'�:;".bnf#:�rA'd:'�:::'L;sir.",��:;�k':rh3::�'i�:?M:��c?:t�R �+"uksiR'3#•3;r:2?":i��ik'v'�Sk�;":nxk:;i:%»vR:".:G"o.k�^itS:ty`?:u;:2i5iR-'46:?:<y:it:lei:�:;Yn:?C£i�:?G'r.-k;2SvS.:<a:Jt'�k�A�''r50';iYMP.Y:k
Schedule
PERSONS OR ORGANIZATIONS MAT YOU ARE OBLIGATED, PURSUANT TO
WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSON OR
OKANIZATION, TO PROVIDE WITH SUCH INSURANCE AS IS AFTORDED
BY THIS POLICY; MIT THEY ARE INSUREDS ONLY IF AND'rO THE
MINIMtTM EXTENT THATSUCH CONTRACTOR AGREEMENT REQUIRES THE,
PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURL'D.
IIOWLVI~R, NO PERSON OR ORGANIZATION 1S AN INSURED UNDER THIS
PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANY O'1' ER
PROVISION OF THE WHO IS AN INsuRL'D SFC rtON OF THIS POIJC.Y
(REGARDLESS Ol, ANY LIMITATION APPLICABLE THERETO).
All other terms and conditions remain unchanged.
Authorized Representative Q,�V2 ea
Liability insurance Additional insured - Scheduled Person Or Organization i4st page
Form 80.02-2367 (Rev. 5-07) Endorsement page 2