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HomeMy WebLinkAboutCAG2023-063 - Original - Express Employment Professionals - Federal Way Link Extension - 02/7/2023KENT rwn Lt r r vr nEtr r vrrtl-tttl. \r)E vtll.r Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Sup/Mgr: Dir Asst: Dir/Dep: W WaSHTNGToN (Optional) E oLo.o. Originator: Kelly Peterson Department: Public Works E Date Sent:Date Required: Mayor's Signature Required lZnpproued by Law Upload lnterlocal Agreements to Website { Date of Council Approval: 02/07 /2023 Budqet Account Number: R20084.64190.110 Budset? flvesf]*o Grant? Yesf] ruo rype l\/tr { C .9+.o ELorF E Pco EooLol Vendor Name: Express Employment Professionals Category: Contract Vendor Number:Sub-Category: Original Project Name: Federal Way Link Extension ProjectDetails: This work will help the city meet permitting requirements consistent with the Development Agreement with Sound Transit. Sound Transit staffing agreement will cover costs this contract. Agreement Amount: $ 1 251000 Start Date: MayOr'S SignAA Basis for Selection of Contractort f\rhar*MemotoMoyormustbeottoched vLrrvt Termination Date: 12131 12023 Local Businesszl-lves lfmeets requirements per KCC 3.70.100, please complete4/endorPurchase-Loca! Exceptions', form on Cityspace. Business License Verifi cation:vesnr Exempt (KCC 5.01.045) Notice required prior to disclosure? f]v"'[ruo Contract Number: vtoL ={JoC'rtrtr C't'E E3 =8,o oE Comments: Date Received: City Attorney:Date Routed: Mayor's Office City Clerk's Office ad.cw22373 1 20 Visit Documents.KentWA.gov to obtain copies of all agreements rev. 2021 051 3 2/2/2023 Okay ot sign. C. Schuck CAG2023-063 2/3/23 2/7/23 KENT WasHrN6ToN CONSULTANT SERVICES AGREEM ENT between the City of Kent and Express Employment Professionals THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation ("City"), and Express Services, Inc., a Colorado corporation, d/b/a Express Employment Professionals, with a local notice address at 841 Central Avenue North #C-115, Kent, WA 98032 ("Consultant"), I. DESCRIPTION OF WORK. Consultant shall provide temporary staff recruiting services by assigning temporary labor to the City (the "Assigned Individual") to perform the following services for the City in accordance with the following described plans and/or specifications: Staffing and recruiting services in support of the City's needs for the Federal Way Link Extension on an on-call, as needed basis as determined by the City and agreed upon by Consultant. The specifics of the services provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that attached and incorporated as Exhibit A, whichwill confirm details of the assignment of Consultant's Assigned Individual. The Job Arrangement Letter acknowledges that the assignment is under the terms of a signed agreement between the parties. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional recruiting practices 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. Consultant's Assigned Individual shall complete the assignment to City described in Section I by December 31, 2023. III. COMPENSATION. The City shall pay the Consultant, based on time and materials, an amount not to exceed $125,000, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this Agreement. The Consultant agrees that the hourly or flat rate charged byit for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement, Upon City's approval, Consultant may increase its rates provided under the Agreement to reflect increases in its costs associated with higher taxes, including State Unemployment Taxes. The Consultant's billing rate shall be invoiced at a rate of $56.11 per hour and, if applicable, oveftime will be billed at 1.0 times that rate. Assigned Individual will submit either an electronic time record or a time sheet for City's verification and approval at the end of each week. B. The Consultant shall submit weekly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute until any such dispute is settled by the pafties. In that event, the parties will immediately make every effort to settle the disputed poftion. A. CONSULTANT SERVICES AGREEMENT (STAFFING) -1 (OVER $20,000) 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: The Consultant has non-operational control and non-operational direction of the petformance and details of its work as a recruiting firm, the City being interested only in the results obtained under this Agreement, provided that staff responsible for itemsin Exhibit A must be familiar with the design build process and city processes specifically related to Sounds Transit's Federal Way Link Extension Project. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be peformed. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. The Consultant has registered its business and established an account with the state Depaftment of Revenue and other state agencies as may be required by Consultant's business and has obtained a Unified Business Identifier (UBI) number from the State of Washington if applicable to Consultant. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. The City shall not allow Consultant's Assigned Employees to (i) have access to unattended premises or the care, custody, or control of cash, checks, credit card numbers, ATM bank cards, negotiables, confidential information, trade secrets, or other valuable property or (ii) operate a motor vehicle, forklift, or any other motorized equipment. The City shall provide the screening criteria for the position to fill and be responsible to ensure such criteria are job-related and consistent with business necessity. Consultant shall not assign any Associates who do not meet the City's lawful criteria V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block ofthis Agreement, After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative policy L.2. CoNSULTANT SERVICES AGREEMENT (STAFFTNG)- 2 (Over $20,000) A B c D E F G H VII. INDEMNIFICATION. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, to the extent caused by the Consultant's negligent performance of this Agreement, and except for that poftion of the injuries and damages caused by the City's negligence, The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a coutt of competent jurisdiction determine that this Agreement is subject to RCW 4.24.IL5, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence, IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. In no event shall either party be liable for any special, punitive, lost profit, or consequential damages, regardless of the form of action, whether in contract, in tort, including negligence, by statute or under any quasi-contractual theory of liability, even if a party has been advised of the possibility of such damages. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created by the Assigned Individual under this Agreement shall belong to and become the property of the City, All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant, XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority over the off-site performance and human resources aspect of Consultant's work and Assigned Individuals as a recruiting firm authorized under this Agreement, the Assigned Individual's work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide the Assigned Individual providing services to City with day-to-day oversight and direction. coNSULTANT SERVTCES AGREEMENT (STAFFTNG)- 3 (Over $20,000) XII. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for thatpurpose, Consultant shall be responsible for any loss of or damage to materials, tools, or other afticles used or held for use to the extent caused by the negligence or willful misconduct of an Assigned Individual's performing the work, The City agrees that it will not permit or require Consultant's Assigned Individual to perform services outside of the scope of their assignment. XIII. MISCELLANEOUS PROVISIONS. A. Recvclable 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 VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice shall become effective three (3) business days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or as otherwise specified in accordance with this Section XIII.D. E. Assignment. Any assignment of this Agreement by either pafty without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F' Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement, All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. coNSULTANT SERVTCES AGREEMENT (STAFFING)- 4 (Over $20,000) L Public Re,cords Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes. emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisflzing the City's duties and obligations under the Public Records Act. J. City. Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Siqnatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN I,VITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied, CoNSULTANT SERVTCES AGREEMENT (STAFFING)- 5 (Over $20,000) EXPRESS SERVTCES, INC., D/B/A EXPRESS E MPLOYMENT PROFESSIONALS: Pri me \ba^r-., DArE: >it CITY OF KENT: By Print Name (signature) Dana Raloh DATE NOTICES TO BE SENT TO: EXpRESS SERVTCES, rNC., DlBlA EXPRESS EMPLOYMENT PROFESSIONALS : Liana Nelson 841 Central Ave North, Suite C-115 Kent, WA 98032 (253)850- 1344 (telephone) (2s3)850- 1343 (facsimi le) NOTICES TO BE SENT TO: CITY OF KENT: ITA@kentwa,gov City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-4600 (telephone) (253) 856-4700 (facsimile) APPROVED AS TO FORM: Kent Law Department 02/07/2023 DECLARATION CITY OF KENT NON.DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: o Title VI of the Civil Rights Act of L964 (42 U.S.C. 5 2000d et seq., 78 stat. ZS2), (prohibits discrimination on the basis of race, color, national origin); o 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of Jg6Q; c 28 C.F,R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of L964). . Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, the prime contractor, will provide a written statement to all new employees 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. CoNSULTANT SERVTCES AGREEMENT (STAFFTNG) - 1 (Over $20,000) 3 4 5 During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally-assisted programs of the U.S. Department of Transportation, State- assisted programs through the washington state Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 cFR part 21. C. Solicitations for Subcontracts, Including Procurements of Materialsand Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sourcesof information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to asceftain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies ; and/ or CONSULTANT SERVICES AGREEMENT (STAFFING) - 2 (Over $20,000) 6 b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions ofparagraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities : i. Title VI of the Civil Rights Act of L964 (42 U.S.C. S 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Paft 21.ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of L97O, (42 U.S.C. 5 4601), (prohibits unfair treatment of persons displaced or whose propefty has been acquired because of Federal or Federal-aid programs and projects) ;iii. Federal-Aid Highway Act of L973, (23 u.s.c. S 324 et seq.), (prohibits discrimination on the basis of sex);iv. section 504 of the Rehabilitation Act of L973, (29 u.s.c. g 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; v. The Age Discrimination Act of t975, as amended, (42 U.S.C. 5 6101 et seq.), (prohibits discrimination on the basis of age);vi. Airport and Airway Improvement Act of t982, (49 USC 9 47t, Section 47t23), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);vii. The Civil Rights Restoration Act of L987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of L964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of L973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and CoNSULTANT SERVTCES AGREEMENT (STAFFTNG) - 3 (Over $20,000) ceftain testing entities (42 U.S.C. 59 12131-12189) as implemented by Department of Transportation regulations at 49 C.F,R. parts 37 and 38;ix, The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. 547t23) (prohibits discrimination on the basis of race, color, national origin, and sex);x. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);xii. Title IX of the Education Amendments of L972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) The submission of the final invoice for thls contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulflll the five requirements referenced above By 7 For Title: Date 1 CONSULTANT SERVICES AGREEMENT (STAFFING) - 4 (Over $20,000) Y\ 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: L,2 EFFECTIVE DATE: October 20,2022 SUBJECT: INCLUSNE CONTRACTING SUPERSEDES: January 1, 1999 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment oppoftunity and non-discrimination in contracting 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. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator and perform 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. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. CONSULTANT SERVICES AGREEMENT (STAFFING) - 5 (Over $20,000) 1 2 EXHIBIT A February L6,2023 Liana Nelson Express Em ployment Professionals 841 Central Ave Nofth, Suite C-115 Kent, WA 98032 Job Order Number: LN363 DeaT CITY OF KENT, Alix Lu will be completing the duties contained within Exhibit A as an Ad m i n istrative Project Coordinator. As agreed, we will invoice the City at the rate of $56.11 per hour. If applicable, overtime will be billed at 1.0 times such rate. Federal law defines overtime as hours in excess of 40 hours per week, state laws may vary. Applicable sales and service taxes shall be added to all invoices. Our professional will submit either a time sheet or an electronic time record for verification and approval at the end of each week. Your approval thereby will indicate your acceptance of the terms herein. We acknowledge that Express Employment Professionals and the City of Kent have a signed agreement. The terms of the signed agreement, along with the terms of this letter, shall govern the services provided by such employee or consultant at the City of Kent. Alix Lu will peform the duties of an Administrative Project Coordinator for the Federal Way Link Extension project as summarized: Provide administrative and coordination support to City of Kent project team as needed with Staff from all applicable departments Act as point of contact to client, contractor, and City of Kent project team for administrative and process questions related to permitting and revisions Provide instructions to Permit Center Staff to complete intake/processing of submittals specific to the design build process Act as a direct point of contact to the Permit Center staff if there are questions related to design submittals, revisions, and location of work areas specific to the FWLE design build project Participate in comment resolution meetings with city Liaisons to work through issues resulting from City review of the design submittals Track progress and provide consolidate comments from all City Reviewers CoNSULTANT SERVTCES AGREEMENT (STAFFING) - 6 (Over $20,000) a a a a a a With City Liaisons, tracks progress of all design packages, permit revisions Review of S-week schedule on a weekly basis with city staff to help with coordination of all aspects of the project from design to construction Pafticipate in pre-project closeout and inspection meetings with client, contractor, and City of Kent team Maintain all applicable project records on the S:Drive and within shared City-Contractor Bluebeam project folder Provides coordination and scheduling of project meetings for city of Kent project team Necessary Tasks after construction:. Coordinate with staff to maintain all applicable project records on the S:Drive; file transfers from shared City-Contractor Bluebeam project folder to the S:Drive - all initial packages and NDCs/FDCs. Civil construction inspection coordination and sign off within the permitting system. Coordinate with staff to track and retain as-builts - reflective of different permit packages/revisions issued. Coordinate with City Staff to ensure all conditions being met as tracked in the spreadsheet for all permit packages and revisions. Provide administrative assistance with tracking street vacations and dedications Please do not hesitate to contact us if you have any questions or we can be of additional service. We look forward to working with you. Sincerely, EXPRESS EM PLOYM ENT PROFESSIONALS Liana Nelson CoNSULTANT SERVICES AGREEMENT (STAFFTNG) - 7 (Over $20,000) a a a a a EXHIBIT B Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City, except for the negligence or willful misconduct of The City, using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of 1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate CoNSULTANT SERVTCES AGREEMENT (STAFFTNG) - I (Over $20,000) EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The consultant agrees to provide at least 30 days'notice to the city in the event Consultant's insurance coverage is being cancelled or substantially modified (e.g. a new carrier). 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant, except for the negligence or willful misconduct of The City of Kent, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CONSULTANT SERVICES AGREEMENT (STAFFING) - 9 (Over $20,000) CERTIFICATE OF LIABILITY INSURANCE DATE (ilil/DDflYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE TSSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL |NSURED, the PsIvtrlrEJ,must NAVE AIJIJI I I(,NAL RED provisions or be endorsed. lf SUBROGATION lS WAIVED, subiect to the terms and conditions ot the pollcy, certain policies may require an endorsement. A statement on this certilicate does not conler rights to the certificate holder ln lieu of such endorsement(s). PRoDUCER Lockton Companies 444W.47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com PIIONE,A/n N. Fdl. INSURER(S) AFFORDING COVERAGE NAIC# rNsuRER A : National Union Fire Ins Co Pitts. PA t9445 INSURED EXPRESS SERVICES,INC. DBA: EXPRESS EMPLOYMENT PROFESSIONALS 9701 BOARDWALKBLVD. OKLAHOMA CITY OK 73162 t352730 rNsuREF B:AIG SoecialW Insurance Comoanv 26883 rNsuREF c ' --- SEE ATTACHMENT --- rNsuRER D, Philadelphia Indemnity Insurance Co.18058 INSURER E: INSURER F: CERTIFICATE N REVISION NUMBER: IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOB THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY BEQUIREMENT, TERM OR CONDITION OF ANY CONTBACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TH INSRtTe TYPE OF INSURANCE tNcn POLICY NUMBER P(JLIGY EFFItllt/lttt/YYYYT FOLICY EXP ,MM/1I]I/YYYYI LIMlTS EACH OCCURRENCE s 5.000.000 UAMAUE ItJHENIEU PREMISES (Ea occurrence)$ 1.000.000 MED EXP (Any one psrson)s 20.000 PERSONAL & ADV INJURY s 5.000.000 GENERAL AGGREGATE s 10.000.000 PRODUCTS - COMP/OP AGG $ 10.000.000 A COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: 'o''"" fl SFgi E STAFFING CLAIMS-MADE OCCUR LOC Y N GL9575U.1 101u2022 r01112023 $ $ 5.000.000 BODILY INJURY (Por person)S XXXXXXX BODILY INJURY (Per accidenl)$ XXXXXXX $ XXXXXXX A AUIOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED X x AUTOS NON.OWNED AUTOS ONLY Y N cA728tO33 tolr2022 r01u2023 $ XXXXXXX YX EACH OCCURRENCE $ 10.000.000UMBRELLA LIAB EXCESS LIAB occuR CLAIMS.MADE AGGREGATE $ 10-000 000 B DED RETENTION S Y N 1457',z.08 r01u2022 t01U2023 $ xxxxxxx x I-EH STATIITF ()tH- FFI E.L. EACH ACCIDENT $ 1.000.000 E.L. OISEASE - EA EMPLOYEE s 1.000 000 c AND EMPLOYERS' LIABILITY EPROPRI describe under OF N/A N SEE ATTACI{ED POLICY #'S 1011/2022 t01u2023 E.L. DISEASE - POLICY LIMIT $ 1.000.000 A D STAFFINGE&O COVERAGE CRIME/FIDELITY N N 15714495 PtrPKU6662l r01u2022 101u2022 101u2023 101U2023 CRIME/FIDELITY: $5,000,000 E&O OCC/ACG: $10,000,000 PERCLAIM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schsdule, may be attached ll mors specs ts requtred) ALLINSURANCECARRIERSSHOWNONT}IISCERTIFICATEHAVEANA.M.BESTRATINGOFAXvORBETTERUI\iLESSO|ifiR'MSENOTED. LoCAIIoN:1035- KENTWAiTYPE OF COMPANY: GOVERNMENT OffiCE / JOB DESCRIPTION: ADMINISTRATTVE PROJECT COORDINATORPROVTDE ADMTMSTRATTVE AND COORDTNATION SuppORT TOCITY OF KENT PROJECT TEAM AS NEEDED WTTH STAFF FROM ALL APPLICABLE DEPARTMENTS. CITY OF KENT IS LISTED AS AN ADDITIONAL INSURED AS RESPECTS TOWORK PERFORMED BY TEMPORARY ASSOCI.AIES, AS PER WRITTEN CONTRACT AND/OR STAFFING AGREEMENT, EXCEPT FOR NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OF KENT. ADDITIONAL INSI]RED DOES NOT APPLY TO WC, E&O OR FIDELTTY. CERTI ol 15 ACORD CORPORATION. All rights reserved. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 19308252 CITY OF KENT ATTN:KARINBAYES 220 4THAVE. S. KENTWA 98032 i-* AUTHORIZED frl ACORD 2s (2016/03)The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M597360 Master lD: 1352i730, Certificate lDl.19308252 Express Selvices, lnc. Workers Gompensation Policy Schedule: Policy periods: 101112022 - 101112023 AIU lnsurance Gompany Policy No, WC 035901891 NA|C# 19399 States Covered: AK, AL, AR, Az, CO, CT, DC, DE, FL, GA, Hl, lA, tD, tL, tN, KS, Ky, LA, MA, MD, ME, Mt, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OK, OR, RI, SC, SD, TN, TX, UT, VA, W, WV, WY AIU Insurance Company Policy No. WC 035901892 NA|C# 19399 States Covered: CA AIU lnsurance Policy No. WC NA|C# 19399 States Covered: Wl AIU Insurance Company Policy No. WC 035901894 NA|C# 19399 States Covered: PA National Union Fire lnsurance Gompany of Pittsburgh, Pa. Policy No, XWC 1647351 NA|C# 19445 States Covered: OH National Union Fire lnsurance Gompany of Pittsburgh, Pa. Policy No. X]I{C16/.7352 NA|C# 19445 States Covered: WA Gompany 035901893 POLICY NUMBER: G/L9S7-524L This endorsement modifies insurance provided underthe following: COM M ERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. Section ll -Who lsAn lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I . Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: l The in surance afforded to such additional insured only applies to the extent permitted by law; and 2, 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. COMMERCIAL GENERAL TJABIUTY cG 20 t0 t2 l9 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurringafter: I . All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. fhat portion of "your work" out of which the injury or damage arises has been put toits intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWN ERS, LESSEESOR CONTRACTORS. SCHEDULED PERSON OR ORGANIZATION Nann Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations Any Person or Organization whom you hcome obligated to include as an additional insured as a result of anycontract oragreementyou have entered into prwided that such contract wits executed prior to the date of loss. Per Contract or Agreement lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations. cG 20 r0 r2 r9 @ lnsurance Services Office, lnc., 2018 Page I of2 C. With respect to the insurance afforded to these additional insureds, tre following is added b Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required bya contractoragreement, the mostwe will pay on behalf of the additional insured is the amount of insurance: l. Required by the contract or agreemenq or 2. Available under the applicable limits of insurance; whicheveris less. This endorsement shall not increase the applicable limits of insurance. Page2of 2 O lnsurance Services Office, lnc., 2O18 cG 20 r0 t2 t9 POLICY NUMBER: CA 728-I O-33 COMMERCIAL AUTO cA2048 t0t3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABI LITY COVE RAGE This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With-respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unlessmodified by this endorsement. This endorsement identifies person(s) or organiza-tion(s) who are "insureds" for Covered Autos Liability Co-verage under the Who ls An lnsured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date isindicated below. Named lnsu : EXPRESS SERVICES, INc Endorseme nt Effective Date: 1OlO1 t2022 SCHEDULE Narre Of Person(s) Or Organization(s): Arrypenon aoqnnizaitmvttue reflircd byawftren @nffi oco'led fi)rbfu mJnre da krs lnformation required to complete this Schedul e, if not shown will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Cover- age, but only to the extent that person or organ- ization qualif ies as an "insured" under the Who ls An lnsured provision contained in paragraph A.l. of Section ll - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. cA2048 lO t3 @ lnsurance Services Office, lnc., 2011 Page I of I