HomeMy WebLinkAboutCAG2022-278 - Original - Kent Chamber of Commerce - Permit Process Workshops for Small Business Owners - 06/28/2022Agreement Routing Form
FOR CITY OF KENT OFFICIAL USE ONLY
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover
Sheet forms,
Sup/Mgr:
Dir Asst:
DirlDep
KENT (optional)
WASHtNGToN
E
oLoq
Originator:
Rhonda Bytin
Department:
ECD
Date Sent:
06/28/2022
Date Required:
7 /OLl2022
Authorized to Sign:
ffioirector or Designee
Date of Council Approval:
nla
Budget Account Number:
10004115.64190.6115
Budset?lZYesnNo
Grant?!v.'[]No
Type: N/A
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P
IE
ELoF5
IHco
EooLor
Vendor Name:
Kent Chamber of Commerce
Category:
Contract
Vendor Number:
34479
Sub-Category
Original
Project Name: Permit Process Workshops for Current and prospective small business owners
Project Details: two separate workshops, one to focus on the business licensing process and the
second on site selection and navigating the permit process to build out the selected
space.
Agreement Amount: 8r000. 00
start Date: 71112022
Basis for Selection of Contractor: DireCt NeOOtiatiOn
* Memo to Mayor must be attached
Termination Date: Pgggmber 3L, 2022
Local Businesrfl vesINo.
Business License Verification:l I
lf meets requirements per KCC 3./0.100, please complete'Uendor Purchase-Local Exceptions" form on Cityspace.
Yes!ln-Procurt[E*"tpt (KCC 5.01.045)
Notice required prior to disclosure?
CS Z]to
Contract Number:
E'lc
JH
J
-O=E=\.!, ut't g,o=Ei oc
.9rn
Comments
Date Routed to the City
RECEIVED
JUN 2 I 2022
tsttf'Hfl ('v/
rd(W22l7l_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev. 2021 051 3
CAG2022-278
Toror
GOODS & SERVICES AGREEMENT
between the City of Kent and
Kent Chamber of Commerce
THIS AGREEMENT ls made by and between the Clty of Kent, a Washlngton municlpal corporatlon
(herelnafter the "Clty"), and Kent Chamber of Commerce organized under the laws of the State of
Washington, located and dolng buslness at 524 West Meeker Street, #1, 253-854-L77O managed by
Zenovia Harrls, Executlve Dlrector, (hereinafter the "Vendor").
AGREEMENT
t.DESCRIPTION OF WORK.
The Vendor shall provlde the following goods.and materials and/or perform the following services
for the City:
Vendor wlll provide two Economic Development Workshops provlded to beneflt current and
prospective buslness owners, One workshop wlll focus on the business licensing, and the
other wlll offer tlps for selectlng a locatlon and then navlgatlng the permitting process to
create a functional and code compllant space from which to operate. A detalled scope of
work includlng marketlng strategles and costs ls attached and incorporated lnto thls
agreement as Exhlbit A.
The Vendor acknowledges and understands that it ls not the Clty's exclusive provlder of these
goods, materials, or services and that the Clty maintalns lts unquallfied right to obtaln these goods,
materlals, and servlces through other sources.
II. TIME OF COMPLETION. Upon the effective date of thls Agreement, the Vendor shall
complete the work and provlde all goods, materlals, and servlces by December 3L,2O22,
IXL COMPENSATION. The Clty shall pay the Vendor an amount not to exceed Eight Thousand
Dollals ($8,000,00), , lncludlng appllcable Washlngton State Sales Tax, for the goods, materials, and
serviies contemplated ln thls Agreement, The Clty shall pay the Vendor the following amounts aceording
to the followlng schedule:
The Consultant shall submlt quarterly payment invoices to the City for work performed, and
a final bill upon completion of all servlces described ln thls Agreement. The Clty shall
provlde payment wlthln forty-five (45) days of recelpt of an invoice. If the City objects to
all or any portlon of an lnvoice, lt shall notlff the Consultant and reserves the option to only
pay that portion of the lnvolce not ln dlspute, In that event, the partles wlll lmmedlately
make every effort to settle the dlsputed portlon.'
Card Payment Program. The Vendor may elect to particlpate ln automated credlt card payments
provlded for by the Clty and lts flnanclal lnstltution, Thls Program ls provlded as an alternatlve to payment
GOODS & SERVICES AGREEMENT . 1
($20,000 or Less, lncl, WSST)
by check and ls available for the convenience of the Vendor. If the Vendor voluntarlly partlclpates in thls
Program, the Vendor wlll be solely responslble for any fees lmposed by flnanclal lnstltutlons or credlt card
companles. The Vendor shall not charge those fees back to the City,
If the Clty obJects to all or any portlon of an lnvolce, lt shall notify the Vendor and reserves the
optlon to only pay that portlon of the lnvolce not ln dlspute. In that event, the pafties wlll immediately
make every effort to settle the dlsputed portion,
A. Defective or Unauthorlzed Work, The Clty reserves lts rlght to wlthhold payment from the
Vendor for any defective or unauthorlzed goods, materlals or servlces, If the Vendor ls
unable, for any reason, to complete any part of this Agreement, the Clty may obtaln the
goods, materials or servlces from other sources, and the Vendor shall be llable to the Clty
for any additlonal costs incurred by the Clty. "Addltlonal costs" shall mean all reasonable
costs, lncluding legal costs and attorney fees, lncurred by the Clty beyond the maxlmum
Agreement price specifled above. The Clty further reseryes lts rlght to deduct these
addltlonal costs incurred to complete thls Agreement wlth other sources, from any and all
amounts due or to become due the Vendor.
Flnal Payment: Walver of Clalms. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR, The partles intend that an Independent Contractor-
Employer Relatlonshlp wlll be created by thls Agreement. By thelr execution of this Agreement, and ln
accordance wlth Ch. 51,08 RCW, the partles make the followlng representatlons:
The Vendor has the ability to control and direct the performance and detalls of lts
work, the City being lnterested only ln the results obtained under thls Agreement.
The Vendor malntalns and pays for lts own place of buslness from whlch the Vendor's
servlces under thls Agreement wlll be performed.
The Vendor has an establlshed and independent buslness that ls ellglble for a
buslness deductlon for federal income tax purposes that exlsted before the City
retalned the' Vendor's services, or the Vendor ls engaged ln an lndependently
establlshed trade, occupatlon, profession, or buslness of the same nature as that
involved under this Agreement.
The Vendor is responsible for filing as they become due all necessary tax documents
wlth approprlate federal and state agencles, includlng the Internal Revenue Servlce
and the state Department of Revenue.
The Vendor has reglstered lts buslness and establlshed an account wlth the state
Department of Revenue and other state agencles as may be requlred by the Vendor's
business, and has obtalned a Unified Buslness Identifier (UBI) number from the
State of Washington.
F The Vendor maintalns a set of books dedicated to the expenses and earnings of its
buslness.
V. TERMINATION. Elther party may termlnate thls Agreement, wlth or without cause, upon
provldlng the other party thlrty (30) days wrltten notice at lts address set forth on the slgnature block of
thls Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materlals or servlces to be provlded durlng the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment ls necessary, the Vendor must submit a wrltten amendment request
GOODS & SERVICES AGREEMENT. 2
($20,000 or Less, lncludlng WSST)
B
A,
B.
c.
D
E
to the person llsted in the notlce provlsion sectlon of thls Agreement, Section XV(D), withln fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts and events glving rlse to the
requested change. If the Clty determlnes that the change increases or decreases the Vendor's costs or
tlme for performance, the Clty wlll make an equltable adjustment, The Clty will attempt, ln good falth, to
reach agreement wlth the Vendor on all equitable adJustments. However, lf the partles are unable to
agree, the Clty will determine the equltable adjustment as lt deems approprlate. The Vendor shall
proceed wlth the amended work upon recelving either a written amendment from the City or an oral order
from the Clty before actually receiving the wrltten amendment. If the Vendor falls to requlre an
amendment wlthln the tlme allowed, the Vendor walves lts rlght to make any clalm or submlt subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equltable
adJustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adJustment as provlded ln subsectlons A through E of Sectlon VIII, Clalms, below.
The Vendor accepts all requlrements of an amendment by: (1) endorslng lt, (2) writlng a separate
acceptance, or (3) not protestlng in the way thls section provldes. An amendment that is accepted by the
Vendor as provlded in thls sectlon shall constltute full payment and flnal settlement of all clalms for
contract time and for dlrect, lndlrect and consequential costs, lncludlng costs of delays related to any
work, either covered or affected by the change,
VIL FORCE MAJEURE, Nelther pafty shall be llable to the other for breach due to delay or
failure ln performance resulting from acts of God, acts of war or of the publlc enemy, riots, pandemlc, flre,
flood, or other natural disaster or acts of government ("force maJeure event"). Performance that ls
prevented or delayed due to a force majeure event shall not result in liablllty to the delayed parry. Both
parties represent to the other that at the tlme of signlng thls Agreement, they are able to perform as
required and thelr performance will not be prevented, hindered, or delayed by the current COVID-l9
pandemlc, any exlsting state or national declarations of emergency, or any current social dlstancing
restrlctions or personal protectlve equlpment requlrements that may be required under federal, state, or
local law ln 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 pafty of the exlstence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from llablllty shall be
effective only to the extent and duration of the force maJeure event causlng the preventlon or delay ln
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use dlllgent, good falth efforts to avold the effects of such event and to perform the
obllgatlon.
Notwithstandlng other provisions of this sectlon, the Vendor shall not be entitled to, and the City
shall not be llable for, the payment of any part of the contract prlce durlng a force maJeure event, or any
costs, losses, expenses, damages, or delay costs lncurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event ls not lncluded wlthln the scope of thls Force
Majeure provlslon.
If a force majeure event occurs, the City may dlrect the Vendor to restar! 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 directlon by the City under thls clause will be dealt wlth as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the fallure of the Vendor to fulflll lts
obligatlons under thls Agreement. Except as expressly contemplated by thls section, all other costs wlll be
borne by the Vendor.
VXII. CLAXMS. If the Vendor dlsagrees wlth anything required by an amendment, another
wrltten order, or an oral order from the Clty, lncludlng any dlrectlon, instruction, lnterpretation, or
determinatlon by the City, the Vendor may file a claim as provided ln thls section, The Vendor shall glve
wrltten notlce to the City of all claims within fourteen (14) calendar days of the occurrence of the events
glvlng rlse to the clalms, or wlthln fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events glvlng rise to the clalm, whlchever occurs flrst. Any claim for damages,
addltlonal payment for any reason, or extenslon of tlme, whether under thls Agreement or otherwlse, shall
GOODS & SERVTCES AGREEMENT - 3
($20,000 or Less, lncludlng WSST)
be concluslvely deemed to have been waived by the Vendor unless a tlmely written clalm ls made ln strlct
accordance wlth the appllcable provlslons of thls Agreement'
At a minimum, a Vendor's wrltten clalm shall lnclude the informatlon set forth ln subsectlons A,
Itemslthrough5below.
FArtuRE TO PROVTDE A COMPLETE, WRTTTEN NOTIFTCATION OF CLAIM WXTHTN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAXVER OF ANY CLAIMS ARISING IN
ANY VI'AV FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A Notlce of Clalm. Provlde a slgned written notice of clalm that provldes the followlng
lnformatlon:
The date of the Vendor's clalm;
The nature and circumstances that caused the clalm;
The provisions ln this Agreement that support the clalm;
The estlmated dollar cost, if any, of the clalmed work and how that estlmate
was determined; and
An analysis of the progress schedule showlng the schedule change or
dlsruption lf the Vendor ls asserting a schedule change or disruption,
Records. The Vendor shall keep complete records of extra costs and tlme incurred as a
result of the assefted events glving rlse to the clalm. The Clty shall have access to any of
the Vendor's records needed for evaluating the protest.
The Clty wlll evaluate all claims, provided the procedures ln thls section are followed. If the
Clty determines that a clalm ls valld, the Clty will adJust payment for work or time by an
equitable adjustment. No adjustment will be made for an lnvalld protest.
Vendor's Duty to Complete Protested Work. In splte of any claim, the Vendor shall proceed
promptly to provide the goods, materlals and seryices required by the Clty under thls
Agreement,
Fallure to Protest Constitutes Walver. By not protestlng as thls sectlon provides, the Vendor
also waives any addltional entitlement and accepts from the Clty any wrltten or oral order
(includlng directlons, lnstructions, lnterpretations, and determinatlon),
Failure to Follow Procedures Constltutes Waiver. By falllng to follow the procedures of thls
sectlon, the Vendor completely walves any clalms for protested work and accepts from the
City any wrltten or oral order (lncludlng dlrections, instructlons, interpretatlons, and
determinatlon).
IX. LIMITATION OF ACTIONS. VENDOR 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 VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. UIARRANTY. The Vendor warrants that it wlll faithfully and satlsfactorlly perform all work
provided under this Agreement in accordance wlth the provlsions of this Agreement, In addltlon to any
other warranty provlded for at law or hereln, thls Agreement ls additionally subject to all warranty
provlslons establlshed under the Uniform Commerclal Code, Title 62A, Revised Code of Washlngton, The
Vendor warrants goods are merchantable, are flt for the particular purpose for which they were obtalned,
and will perform ln accordance wlth thelr speclflcatlons and the Vendor's representatlons to Clty. The
Vendor shall promptly correct all defects in workmanshlp and materlals: (1) when the Vendor knows or
should have known of the defect, or (2) upon the Vendor's receipt of notiflcatlon from the Clty of the
existence or dlscovery of the defect. In the event any part of the goods are repalred, only orlglnal
replacement parts shall be used-rebuilt or used parts wlll not be acceptable. When defects are corrected,
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, lncludlng WSST)
I
2
3
4
5
B
c.
D
E.
the warranty for that portlon of the work shall extend for an addltional year beyond the orlglnal warranty
perlod applicable to the overall work, The Vendor shall begln to correct any defects wlthln seven (7)
calendar days of lts receipt of notlce from the Clty of the defect. If the Vendor does not accompllsh the
corrections withln a reasonable time as determlned by the Clty, the Clty may complete the correctlons and
the Vendor shall pay all costs lncurred by the City ln order to accomplish the correctlon.
XI. DISCRIMINATION, In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person actlng on behalf of the
Vendor or sub-contractor shall not, by reason of race, religlon, color, sex, age, sexual orientatlon, natlonal
orlgin, or the presence of any sensory, mental, or physlcal disablllty, dlscrlmlnate agalnst any person who
is quallfied and avallable to perform the work to whlch the employment relates.
The Vendor shall execute the attached- Clty of Kent Equal Employment Opportunlty Pollcy
Declaratlon, Comply wlth Clty Admlnlstrative Pollcy 1.2, and upon completlon of the contract work, file the
attached Compllance Statement.
XII. INDEMNIFICATION. The Vendor shall defend, indemnlfy and hold the Clty, lts offlcers,
offlcials, employees, agents and volunteers harmless from any and all clalms, lnjurles, damages, losses or
suits, lncludlng' all legal costs and attorney fees, arlsing out of or ln connection with the Vendor's
performance of thls Agreement, except for that portion of the lnjuries and damages caused by the Clty's
negligence,
The Clty's inspection or acceptance of any of the Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemniflcation.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor refuses tender of defense in any suit or any clalm, lf that tender was made
pursuant to this lndemniflcatlon clause, and lf that refusal is subsequently determlned by a court having
Jurlsdlction (or other agreed trlbunal) to have been a wrongful refusal on the Vendor's paft, then the
Vendor shall pay all the City's costs for defense, lncludlng all reasonable expert wltness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Vendor's paft.
The provlsions of thls section shall survlve the expiratlon or termlnatlon of thls Agreement,
XIIL INSURANCE, The Vendor shall procure and malntaln for the duration of the Agreement,
insurance of the types and in the amounts descrlbed in Exhlblt B attached and incorporated by thls
reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary
precautlons and shall be responslble for the safety of its employees, agents, and subcontractors ln the
performance of the contract work and shall utlllze all protectlon necessary for that purpose. All work shall
be done at the Vendor's own rlsk, and the Vendor shall be responslble for any loss of or damage to
materlals, tools, or other articles used or held for use in connectlon wlth the work.
XV. MISCELTANEOUS PROVISIONS.
A. Recyclable Materlals. Pursuant to Chapter 3.80 of the Kent Clty Code, the Clty requlres lts
contractors and consultants to use recycled and recyclable products whenever practicable. A prlce
preference may be avallable for any designated recycled product.
B, NQn-Waiver of Breach. The failure of the City to lnslst upon strict performance of any of the
covenants and agreements contalned in thls Agreement, or to exercise any option conferred by thls
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, lncludlng WSST)
Agreement ln one or more instances shall not be construed to be a walver or rellnquishment of those
covenants, agreements or options, and the same shall be and remaln ln full force and effect.
C. Resolutlon of Dlsputes and Governing Law.. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washlngton. If the parties are unable to settle any
dispute, dlfference or clalm arlslng from the parties' performance of thls Agreement, the excluslve means
of resolvlng that dispute, dlfference or clalm, shall only be by fillng suit excluslvely under the venue, rules
and jurlsdiction of the Klng County Superior Court, Klng County, Washlngton, unless the partles agree ln
wrltlng to an alternative dlspute resolutlon process. In any clalm or lawsult for damages arlsing from the
parties' performance of this Agreement, each party shall pay all lts legal costs and attorney's fees lncurred
in defendlng or bringlng such claim or lawsult, including all appeals, ln addltlon to any other recovery or
award provlded by law; pgg)yklgd, however, nothing ln thls paragraph shall be construed to limit the City's
right to lndemnlflcatlon under Sectlon XII of this Agreement.
D, Wrltten Notlce, All communications regardlng thls Agreement shall be sent to the parties at
the addresses llsted on the slgnature page of the Agreement, unless notified to the contrary. Any wrltten
notlce hereunder shall become effectlve three (3) buslness days after the date of malllng by reglstered or
certlfled mall, and shall be deemed sufflciently glven lf sent to the addressee at the address stated ln thls
Agreement or such other address as may be hereafter specifled in wrltlng.
E. Asslgnment. Any assignment of thls Agreement by elther party wlthout the wrltten consent
of the non-asslgnlng paty shall be vold. If the non-asslgnlng party glves lts consent to any asslgnment,
the terms of thls Agreement shall contlnue in full force and effect and no further asslgnment shall be
made without addltlonal written consent.
F, Modification. No walver, alteratlon, or modlfication of any of the provlslons of thls
Agreement shall be bindlng unless in wrltlng and slgned by a duly authorlzed representatlve of the City
and the Vendor.
G. Entire Agreement. The written provislons and terms of this Agreement, together wlth any
Exhlblts attached hereto, shall supersede all prior verbal statements of any offlcer or other representative
of the Clty, and such statements shall not be effective or be construed as enterlng into or formlng a part
of or alterlng ln any manner thls Agreement. All of the above documents are hereby made a part of thls
Agreement. However, should any language in any of the Exhlblts to this Agreement confllct with any
language contalned in thls Agreement, the terms of this Agreement shall prevail.
H. Compliance wlth Laws. The Vendor agrees to comply wlth all federal, state, and municlpal
laws, rules, and regulatlons that are now effectlve or in the future become appllcable to the Vendor's
buslness, equlpment, and personnel engaged ln operatlons covered by this Agreement or accrulng out of
the performance of those operatlons.
I. Publlc Records Act. The Vendor acknowledges that the City is a public agency subJect to the
Publlc Records Act codifled ln Chapter 42.56 of the Revlsed Code of Washlngton and documents, notes,
emalls, and other records prepared or gathered by the Consultant in its performance of this Agreement
may be subJect to publlc review and disclosure, even lf those records are not produced to or possessed by
the Clty of Kent. As such, the Vendor agrees to cooperate fully wlth the City ln satlsfying the Clty's dutles
and obllgatlons under the Public Records Act.
J. Clty Business License Required. Prlor to commencing the tasks descrlbed in Secllon I,
Contractor agrees to provlde proof of a current clty of Kent buslness license pursuant to Chapter 5.01 of
the Kent City Code.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Les, lncludlng WSST)
K, CounterLarts 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
thls 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 eftect 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 wlth 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.
[fn thls freld, you may cntcr ihc Glcctrcnlc lllQp.th wherc thc @ntnct h.s ben sry.d]
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
VENDOR;
By:
Print Na E
Its:btr
DATE:
CITY OF KENT:
By:
Prlnt e:Kurt Hanson
Director of Economic & CommunityIts:
Development
DATE
NOTICES TO BE SENT TO:
Michelle Wilmot
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5707 (telephone)
(253) n/a (facsimile)
CITY OF KENT:
NOTICES TO BE SENT TO:
Zenovia Harris
Kent Chamber of Commerce
524 West Meeker Street, #1
Kent, WA 98032
(253) 854-1770 (telephone)
na/ (facsimile)
VENDOR:
ATTE
Kent Clerk
DECLARATION
crw 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.
During the time of this Agreement the prime contractor will provide a written statement to
all new ernployees and subcontractors indicating commitment as an equal opportunity
employer.
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirernents as set forth
above.
By sign ing below, I agree to fulfill the five requirements referenced above.
For:
Title:
3
4
5
Date:4,
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L,2 EFFECTIVE DATE: January 1, 1998
SUBiECTT MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the Clty 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 $101000 or more within any given year, must take the followlng afflrmative steps:
1, Provide a wrltten statement to all new employees and subcontractors indlcating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorltles and women,
Any contractor, subcontractor, consultant or supplier who willfully dlsfegards the City's
nondiscrlmination and equal opportunity requirements shall be consldered 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 Publlc
Works Departments to assume the.following duties for thelr respectlve depaftments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are famillar with the regulations and the City's equal employment oppoftunity
pollcy.
2, Monitoring to assure adherence to federal, state and local laws, pollcles and guidellnes.
EEO COMPLIANCE DOCUMENTS - 2 Of 3
Ee uAL E M p LoyM, *, o rFHri [, ff.ll" r pLrAN c E srArE M E Nr
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I,theundersigned,adulyrepresentedagentof
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
(date), between the flrm I represent and the Clty of
Kent.
I declare that I complied fully with all of the requirements and obligatlons as outllned ln the City
of Kent Admlnlstrative 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 . 3 Of 3
Exhibit A
CHAMBER
of Commerce
We are ln business lor your buslness.
April7,2022
20?:2 City of Kent Economic Development Workshop Proposal: Permitting
Background
The Kent Chamber of Commerce has worked in partnership with the City of Kent to
promote economic growth and vitality for all businesses.
Scope of Work
The Kent Chamber of Commeroe will provide permitting and business essential
workshops and servioes, whioh seek to increase business owners understanding and
education related to business license engagement prooess, selecting general contracting,
and but not limited to lease language best practices.
The Kent Chamber of Commerce will secure meeting date, location, propose speakers per
the City's suggestions of trusted looal experts, audience, catering sorvioes, AV needs,
record and edit meetings for firture use, advertising. The main purpose will be to provide
resources and encourage realtors, bankers, entrepreneqs, and property owners to better
understand best practices around "looking before leaping" into leases to help prevent
oostly delays and unknowns at the permit counter onoe begun.
In2022 the Kent Chamber of Commerce will provide no less lhan? workshops on the
topics listed below, with an optional2 additional workshops depending on attendance and
feedback from first workshops.
Total Available Budget including advertising: $8,000.00r Business Lioense Engagement
r General Contraoting
r Lease Language
r Starting a business Best Praotices
r Sample Workshop Agenda with Suggested Topics and Speakers
- Researoh and how to "look before you leap" into a lease
- Business lioenses: why you need one and how to get one
- General contraotor on-board before permit oounter
- Lease language; protect yourself and your business
Fz
IIJY
j
Exhibit A
Main Speakers
Prior to the workshop, main speakers, the Chamber, and the City will have a ssheduled
conference call or online meeting to review content and answer questions about the City
prooess in advance.
Speakers selected and confirmed by the Chamber will also be shared with and approved
by the City as sponsor in advance of workshop.
o Experienced and Licensed Representative of a General Contraotor Assoclation
o Small Business Development Center and Representatives
. Legal Advisors, suoh as Communities Rise, SCORE
Key Audiences to Recruit to Workshops Beyond Small Business Owners
Target 15- 30 from the below categories per workshop and equal number of businesses
o Brokers, realtors
o CBOs that work with diverse population business owners
o Businesses general
r Bankersn Lenders
o Genoral Contractors - invite assooiation of general oontractors
Takeaways
r Workshop video recordings will be co-owned by both the Chamber and City and
available for broadcast on each organization's electronic media channels
r SBDC courses beyond the day's workshop
o Broohures, guidobooks - materials developed and provided by Assooiation of WA
Business, Associated Builders and Contractors of Western Washington,
Associated General Contractors of WA, Small Business Administration, Small
Business Development Center, Community Development Financial Institution,
City, eto.
o How to meet and select general contractors
lVorkshop FlodAgenda (nssociate names and lengths of time with topics)
lntroduotion
Issues
a. Common Pitfalls
b. Case Studies - problem
c. Best Praotices - suocesses
Resouroes
a, Presentation by ABC and Assooiation of General Contractors
b. College, Small Business Dovelopment Center, CDFIs, Others
c. Lending and Other Opportunities
Conversation
Conolusion
,!
Exhibit A
Promotional Activities and Advertising: $21500.00
a
Direct Phone and Email Outreach to ensure appropriate contaots for looal:
- Brokers, realtors
- CBOs that work with divorso population business owners
- Businesses general
- Bankers, Lenders
- Genoral Contractors - invite ABC and AGC
- Kent Downtown Partnership
Print and digital promotion and advertising
- Send news release to:r Kent Reporterr lloveKentr EZTV Spots. The SeattleMedium
- Social media
- \dsys1'5 weekly enewsletter
Provide digital advertising content to partners for distribution to their
membership via email, eleotronio newsletters and social media
Total Cost of Scope of Work for 2022 = $81000
$8,000 will be paid to the Kent Chamber of Commeroe by reimbursement for aotivities
inourred.
Workshop A = $4,000 ($2750 for setting up, staging and $1,250 for advertising
and ouheaoh)
Hourly Rate = X
Number ofHours = Y
Cost of Venue and Catering = Z...should total $2,750
Workshop B = $4,000 ($2ZSO for setting up, staging and $1,250 for advertising
and outreaoh)
Best Regards,
ZenoviaHanis
ChiefExeoutive Offioer
Kent Chamber of Commerce
(2s3) 854-1770 Ext. 140
EXHIBIT B
INSURANCE REQUIREMENTS FOR
GOODS AND SERVICES CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or dama-ge to property which
may arise fiom or in connectioh with the performance of the work hereunder
by ihe Contractor, their agents, representatives, employees or
subcontractors.
A. 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. Ttrci City shall be named as an additional 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.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability jnsurance shall be written with
lirnits no less than $1,000,000 each occurrence, $2'000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
C. 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 respects the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that
coverage shall not be cancelled by either PartY, except after
EXHIBIT B (Continued)
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
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 contractor and a copy of ..ihe endorserirent naming the City as additional insured shall
be attached to the Certificate of Insurance. The City
reserves the right to receive a certified copy of all required
insurance policies. The Contractor's Commercial General
Liability insurance shall also contain a clause stating that
coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects
to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, inciuding but not necessarily limited to the
additional ihsured 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'
CERTIFIGATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
1010612021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEL
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT
TION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER' THIS
Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
coNsTtTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED' the pol icy(ies) must have ADDITIONAL INSURED provisions or be endorsed'
lf SUBRoGATION lS 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 certificate holder in lieu of such
PRODUCER
Scully lnsurance Agency, LLC
603 Central Ave N
Kent wA 98032
John Scu
277-8922 277-8922
.com
INSURER(S) AFFORDING COVERAGE NAIC #
rNsuRER A: WESTCHESTER SURPLUS LINES INS CO 10172
INSUREO
Kent Chamber of Commerce
524 W Meeker St
Unit 1
Kent wA 98032
INSURER B:
INSURER C
INSURER D
INSURER E
INSTJRER F:
RAGES c REVISION
AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ENT,NDICATED.
ABOVENAMED THEFOR PERIODPOLICYHAVEBELOWISSUEDBEENTHETONSUREDTHATFYPOTHEOFLtctEsNSURANCELISTEDtsTHISCERTITO
RESPECTWTH TH ISTOWHICHCONTRACTANYRoDOCUMENTOTHERANYREMORTERMOFCONDITIONSTANDINGREQUNOTWTHTHEALLETHDESCRIBEDLtctEsEREINHSUBJECTlsTOTERMS,THE SURANCEN FOAF BYRDED POPERTAINCATECERTIFIBEMAYUrssMAYEDOR
EXCLUSIONS
POLICY EFF
IMM'TTD/YYYY}
POLIGY EXP LIMITSPNI ICY NIIMRERINSRtfoTYPE OF INSURANCE tNcn
EACH OCCURRENCE s 1,000,000
s 100,000L
F
s 5,000MED EXP (Any one person)
E 1,000,000PERSONAL & ADV INJURY
E 2,000,000GENERAL AGGREGATE
s 1,000,000PRODUCTS - COMP/OP AGG
$
10t't2t2021 'tot1212022
COMMERCIAL GENERAL LIABILITY
CLAIMS-I\4ADE fx O""'*
PRO-JECT I I
X
LIMIT APPLIES PER:
LOC
NFPWAD385955562-007A
$ 1,000,000
$BODILY INJURY (Per person)
$BODILY INJURY (Por accident)
$
$
10t12t2021 10t12t2022
AUTOMOBILE LIABILITY
ANY AUTO
O\ryl.lED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-O\^JNED
AUTOS ONLYX
NFPWAD385955562-007A
$EACH OCCURRENCE
$AGGREGATE
OCCUR
CLAIMS.MADE
UMBRELLA LIAB
EXCESS LIAB
$nFn RFTFNTION S
PhK
STATUTE
OTH-FR
$E.L. EACH ACCIDENT
$E.L. DISEASE - EA EMPLOYEI
E L DISEASE - POLICY LIIVIT $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERYEXECUTIVE
OFFICER/IVEMBER EXCLUDED?
(Mandatory in NH)
lf yes, describe under
nFScRIPTION OF nPFRATIONS below
N/A
1,000,000
1,000,000
1,000,000
10t12t2021 10t'12t2022
E.L. Each accidnet
E.L. Disease EA Emp
E.L. Disease-Polcy Lit
NFPWAD385955562-007A
STOP GAP
DESCR|PTION OF OPER]AT|ONS / LOCATTONS / VEHTCLES (ACORD I Ol, Additional Remarks schedule, may be attached lf more space 18 requiredl
City of Kent shall be named as and additional insured for all policies (except Professional Liability) as respects work performed by or on behalf of the consultant
and a copy ofthe endorsement naming the City as additional insured shall be attached to the Certificate of lnsurance. Consultants insurance shall be endorsed
to state the coverage shall not be cancelled by either party, exept after 30 days prior written notice by certified mail, return receipt requested, has been given to
the City.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIMTION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
frh f So'frgfr.l
AUTHORIZED REPRESENTATIVE
wA 98032Kent
City of Kent
4OO WEST GOWE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)The AGORD name and logo are registered marks of ACORD
DocuSign Envelope lD: 85C29BBE-ABA0-44DC-95B4-5E771898E9D0
POLICY NUMBER: NFPWAD385955562-007
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Section ll- Liability is amended as follows:
A. The following is added to Paragraph C. Who ls An
lnsured:
3. Any person(s) or organization(s) shown in the
Schedule is also an additional insured, but only
with respect to liability for "bodily injury",
"property damage" or "personal and advertising
injury" caused, in whole or in part, by your acts
or omissions or the acts or omissions of those
acting on your behalf in the performance of
your ongoing operations or in connection with
your premises owned by or rented to you.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
b. lf coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
BUSINESSOWNERS
BP 04 48 07 13
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Paragraph D. Liability And Medical Expenses
Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits Of
lnsurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits Of lnsurance shown in the
Declarations.
Name Of Additional lnsured Person(s) Or Organization(s):
City of Kent
lnformation uired to co lete this Sched if not shown will be shown in the Declarations.
BP 04 48 07 13 @ lnsurance Services Office, !nc.,2012 Page I of 1