HomeMy WebLinkAboutCAG2021-511 - Original - Green Riiver College Foundation's Interurban Center for the Arts - Art Docent Program - 01/01/2022ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
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.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Sup/Mgr:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
* Memo to Mayor must be attached
Jan Apple
4
12/06/2021
Original1418758
Parks, Recreation & Community ServicesRonda Billerbeck
12/31/2022
4
4
ASAP
01/01/2022
N/A
4
Other
10006222.64190.4311
Contract
$2,000
N/A
4
4
4
12/09/2021
CONTRACTOR SERVICES AGREEMENT - 1
(Community Arts Funding Projects)
CONTRACTOR SERVICES AGREEMENT
between the City of Kent (Community Arts Support Grant Program) and
Green River College Foundation's Interurban Center For The Arts
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Green River College Foundation's Interurban Center for The Arts organized under the laws of the State of
Washington, located and doing business at 12401 SE 320th Street, Auburn, WA. 98092. (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will provide membership discounts for 16 Kent Schools to
participate in ICA’s Art Docent program.
Day, Date, Year: January 1 – December 31, 2022
Event Location: Various Kent schools and online access
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed.
II. COMPENSATION. The City shall pay Contractor the total sum of $2,000 (as part of the Community Arts
Support Grant Program) for the work to be performed under this Agreement, upon satisfactory completion of all services
and requirements specified in this Agreement.
III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete
press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program
materials, not less than eight (8) weeks prior to the initial event date. All publicity and promotional materials released to
the media by the Contractor shall credit the City of Kent Arts Commission for its support of the event or project.
Promotional credit must be clear and prominent.
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. EVALUATION. The Contractor shall have the authority to control and direct the performance and details
of the contract work, the work must also meet the approval of the City and shall be subject to the City’s general right of
inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this
evaluation process and to make available to the City all information required by such evaluation process. Contractor
agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become
applicable to Contractor or Contractor’s business, equipment and personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations.
VI. 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.
VII. 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, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
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.
The provisions of this section shall survive the expiration or termination of this Agreement.
CONTRACTOR SERVICES AGREEMENT - 2
(Community Arts Funding Projects)
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the
City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited
to, solicitation of participants for Contractor’s use in competition with City programs.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any
subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor 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. 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.
XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor’s failure to comply with
the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days
written notice to Contractor. All costs incurred by the City due to Contractor’s failure to comply with the terms and
conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any
payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor’s
performance compared to the contracted performance schedule.
XII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors 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, 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 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. 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.
CONTRACTOR SERVICES AGREEMENT - 3
(Community Arts Funding Projects)
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 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.
IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date
entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified
and affirmed, and the terms of the Agreement shall be deemed to have applied.
CONTRACTOR:
By: ________________________________
Print Name: _________________________
Its: ________________________________
DATE: ______________________________
CITY OF KENT:
By: ________________________________
Print Name: __________________________
Its: ________________________________
DATE: ______________________________
NOTICES TO BE SENT TO:
CONTRACTOR:
Monica Tolas, Program Coordinator
GRC Foundation Interurban Center for the Arts
12401 SE 320th Street
Auburn, WA 98092
(253) 833-9111 ext. 2735 (telephone)
NOTICES TO BE SENT TO:
CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5055 (telephone)
(253) 856-6050 (facsimile)
ATTEST:
Kent City Clerk
Lori Hogan (Dec 6, 2021 15:48 PST)
Recreation and Cultural Services Supt.
12-6-21
Lori Hogan
George Frasier (Dec 8, 2021 15:53 PST)
George Frasier
Executive Director
George Frasier
12-8-21
EEO COMPLIANCE DOCUMENTS - 1
(Community Arts Funding Projects)
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 , 20____.
By: ______________________________________________________
For: ______________________________________________________
Title: _____________________________________________________
Date: _____________________________________________________
George Frasier (Dec 8, 2021 15:53 PST)
George Frasier
21December8
Executive Director
Green River College Foundation
12/08/2021
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, Contractors 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, Contractor 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, Contractors, 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.
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 , 20____.
By: ______________________________________________________
For: ______________________________________________________
Title: _____________________________________________________
Date: _____________________________________________________
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
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 Liability 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 injury and advertising injury, and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the
Commercial General Liability
insurance for liability arising from explosion, collapse or underground property damage. 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 10 11 85
or a substitute endorsement providing equivalent coverage.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations
aggregate limit.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for 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
2. maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.
3. 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, return receipt requested, has been given to the City.
4. 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 contractor 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 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.
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.
CERTIFICATE OF LIABILITY INSURANCE Issue Date 11/30/2020
ISSUED BY:
State of Washington
Department of Enterprise Services
Office of Risk Management
PO Box 41466
Olympia, WA 98504-1466
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE STATE OF WASHINGTON SELF INSURANCE
LIABILITY PROGRAM.
COVERAGE AFFORDED BY
State of Washington Self Insurance Liability Program
INSURED:
State of Washington
Green River College
ATTN: Darcy Silvest
12401 SE 324th Street
Auburn, WA 98092
THE STATE OF WASHINGTON, INCLUDING ALL ITS AGENCIES AND
DEPARTMENTS, IS SELF-INSURED FOR TORT LIABILITY CLAIMS. ALL
CLAIMS MUST BE FILED WITH THE STATE OFFICE OF RISK
MANAGEMENT FOR PROCESSING IN ACCORD WITH STATUTORY
REQUIREMENTS.
COVERAGES
THIS IS TO CERTIFY COVERAGE DESCRIBED BELOW IS PROVIDED TO THE INSURED NAMED ABOVE FOR THE PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE SELF-INSURANCE LIABILITY PROGRAM IS SUBJECT
TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH PROGRAM.
TYPE OF COVERAGE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
LIMITS
GENERAL LIABILITY
GENERAL LIABILITY
OCCURRENCE COVERAGE
Self-Insured Continuous Continuous BODILY INJURY, PROPERTY $5,000,000
DAMAGE & PERSONAL INJURY
COMBINED EACH OCCURRENCE
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY & PROPERTY $5,000,000
DAMAGE COMBINED EACH
ACCIDENT
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY
L & I
Continuous
Continuous
WC – STATUTORY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: Coverage applies as respects tort liability claims against
the State of Washington as covered by the Tort Claims Act (RCW 4.92 et seq.) The Certificate Holder is named as
additional insured, but only as respects the negligence of the State of Washington.
CERTIFICATE HOLDER: CANCELLATION
CITY OF KENT
ATTN: RONDA BILLERBECK
220 FOURTH AVENUE SOUTH
KENT, WA 98032
SHOULD THE SELF INSURANCE LIABILITY PROGRAM BE CANCELLED, THE
STATE OF WASHINGTON WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
TO MAIL SUCH NOTICE SHALL NOT IMPOSE ANY OBLIGATION OR LIABILITY
UPON THE STATE OF WASHINGTON, ITS OFFICIALS, EMPLOYEES, AGENTS
OR REPRESENTATIVES.
CERTIFICATE NUMBER CRT 2021-00094
AUTHORIZED REPRESENTATIVE:
Jason Siems, State Risk Manager
Signature:
Email:
Melissa McCormick (Dec 9, 2021 09:02 PST)
Melissa McCormick
cityclerk@kentwa.gov
ICA_CASP22_Contract
Final Audit Report 2021-12-09
Created:2021-12-06
By:Ronda D Billerbeck (rbillerbeck@kentwa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAaCtevmP5OaH3hsnC5MSxBGmVfPDs_b9U
"ICA_CASP22_Contract" History
Document created by Ronda D Billerbeck (rbillerbeck@kentwa.gov)
2021-12-06 - 11:40:49 PM GMT- IP address: 146.129.252.126
Document emailed to Lori Hogan (lhogan@kentwa.gov) for signature
2021-12-06 - 11:45:57 PM GMT
Email viewed by Lori Hogan (lhogan@kentwa.gov)
2021-12-06 - 11:46:33 PM GMT- IP address: 146.129.252.126
Document e-signed by Lori Hogan (lhogan@kentwa.gov)
Signature Date: 2021-12-06 - 11:48:47 PM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Monica Tolas (mtolas@greenriver.edu) for signature
2021-12-06 - 11:48:50 PM GMT
Email viewed by Monica Tolas (mtolas@greenriver.edu)
2021-12-07 - 5:47:16 PM GMT- IP address: 104.47.66.126
Document signing delegated to George Frasier (gfrasier@greenriver.edu) by Monica Tolas
(mtolas@greenriver.edu)
2021-12-07 - 5:50:07 PM GMT- IP address: 71.227.135.61
Document emailed to George Frasier (gfrasier@greenriver.edu) for signature
2021-12-07 - 5:50:07 PM GMT
Email viewed by George Frasier (gfrasier@greenriver.edu)
2021-12-08 - 11:51:29 PM GMT- IP address: 104.47.59.254
Document e-signed by George Frasier (gfrasier@greenriver.edu)
Signature Date: 2021-12-08 - 11:53:24 PM GMT - Time Source: server- IP address: 73.181.155.164
Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature
2021-12-08 - 11:53:25 PM GMT
Email viewed by Kim Komoto (kkomoto@kentwa.gov)
2021-12-09 - 0:09:07 AM GMT- IP address: 146.129.252.126
Document e-signed by Kim Komoto (kkomoto@kentwa.gov)
Signature Date: 2021-12-09 - 0:09:21 AM GMT - Time Source: server- IP address: 146.129.252.126
Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature
2021-12-09 - 0:09:24 AM GMT
Email viewed by Melissa McCormick (cityclerk@kentwa.gov)
2021-12-09 - 5:00:04 PM GMT- IP address: 146.129.252.126
Document e-signed by Melissa McCormick (cityclerk@kentwa.gov)
Signature Date: 2021-12-09 - 5:02:28 PM GMT - Time Source: server- IP address: 146.129.252.126
Agreement completed.
2021-12-09 - 5:02:28 PM GMT