HomeMy WebLinkAboutCAG2023-063 - Original - Express Employment Professionals - Federal Way Link Extension - 02/7/2023KENT
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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:
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Originator:
Kelly Peterson
Department:
Public Works E
Date Sent:Date Required:
Mayor's Signature Required lZnpproued by Law
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Date of Council Approval:
02/07 /2023
Budqet Account Number:
R20084.64190.110
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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?
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Contract Number:
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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