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HomeMy WebLinkAboutCAG2022-416 - Original - Carolyn DeFord - Race, Equity & Inclusion Speaker Series: "Missing and Murdered Indigneous Women" - 11/09/2022Agreement Routing Form rtrll Lt I r \,r nEtr I vrrtLtAl. Lr)E vlll.r For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Sup/Mgr: Dir Asst: Dir/Dep: KENT WAsHrNcroN (Optional) o oL0-o. Originator: Maria Tizoc Department: Mayor's Office Date Sent: LO/24/2022 Date Required: t0/28/2022 Authorized to Sign ./Mayor or Designee Date of Council Approval: tL/20/2018 Budqet Account Number: 10001310.64190.r2r2 Budset? f]veslto Grant?No r' Type: l\/tr E .9+.o ELoF5 +,Eo Eool-o| Vendor Name: Carolyn DeFord Category: Application Vendor Number: v# 24989t9 Sub-Category: Amendment projectName: Race, Equity, and Inclusion Speaker Series ProjectDetails: Carolyn DeFord is ourthrid and final speaker for2O22 and will be covering Missing and Murdered Indigneous Women. AgreementAmount $6000 Start Date: 1110912022 Basis for Selection of Contractor: OthefI Memo to Mayor must be attached ination Date: 1111012022 Local lf meets rcquitements pet KCC 3.70.1 00, pleose complete \lendor Purchase-Local Exceptions" form on Cltyspace, Business License Verifi cation:n v"tlZ rn-processn exempt (KCC s.01.04s) Notice required prior to disclosure? [v"rf r,ro Contract Number: ItoL =EorccgtE E3 =Eo oE Comments: Date Received: City Attorney:Date Routed: Mayor's Office City ClerKs Office adccw22373-1-2O Visit Documents.KentWA.gov to obtain copies of all agreements rev. 2021 051 3 ____ ____Contract Original CAG2022-416 KENT PROFESSIONAL SERVICES AGREEM ENT between the City of Kent and Carolyn DeFord THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Carolyn DeFord organized under the laws of the State of Washington, located and doing business at 16901 Silverbell CT SE Yelm, WA 98597 (hereinafter the "Contractor"). I.DESCRIPTION OF WORK. The Contractor shall perform the following services for the City The contractor will speak for the City of Kent's Equity & Inclusion Speaker Series. An event featuring distinguished leaders who contribute expert knowledge and diverse perspectives to the collective discission of concepts such as race, equity, diversity, and inclusion, The presentation is open to the public will be free for participants. Scope of work: The Vendor will be leading two PowerPoint presentations; one presentation for city satff on Wednesday November 9,2022 1:30-3:00pm; and a second presentation for City residents on Thursday November, tO 2O22,7:00-8:30pm. Each presentation will be about forty-five minutes long with thirty minutes of Q&A for each presentation for a total of 90 minutes. These presentations are intended to help create a space for individuals to learn about the epidemic of Murdered Missing Indeginous Women and the policies that have created this reality for many Natives. The Contractor fufther represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete the work bV LL/|O/2O22. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed six thousand dollars ($6,000) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for the Contractor's services shall be as delineated in the attached and incorporated Exhibit N/A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. Card Payment Proqram. The Contractor may elect to participate in automated credit card payments provided for by the City and its tinancial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor, If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51,08 RCW, the parties make the following representations: PROFESSIONAL SERVICES AGREEMENT - 1 ($20,OA0 or Less) this Agreement. Except as expressly conternplated by this section, all other costs will be borne by the Contractor, VII. 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 discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. The 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. VIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the 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, In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. X. CONTRACTOR'S WORK AND RISK. 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 the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services, All work shall be done at the Contractor's own risk, and the 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. XI. MISCELLANEOUS PROVISIONS, A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product, B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect, C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 3 ($20,000 or Less) CONTRACTOR: By print Name. Caro n DeFord Eden Its: DATE: 10118122 CITV OF KENT: Print Name:Patrick Fitzpatrick Ch ief Adm i nistrative OfficerIts: DATE to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. PROFESSIONAL SERVICES AGREEMENT - 5 ($2O,00O or Less) NOTICES TO BE SENT TO: GONTRACTOR: Carolyn DeFord 16901 Silverbell CT SE, Yelm WA 98597 253.382,6055 (telephone) 253.7 53.4337 (facsi m i I e) NOTICES TO BE SENT TO: CITY OF KENT: Maria Tizoc City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-57 16 (telephone) (253) 856-4700 (facsimile) ATTEST: Kent City Clerk CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORIW AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 1 2 POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines 1 EEO COMPLIANCE DOCUMENTS - 2 EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement.