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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 co 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