HomeMy WebLinkAboutCAG2023-511 - Original - Definitive Insight Consulting, LLC - Budgetary Controls and Capital Accounting Policy Development for Agile Scrum IT Delivery - 10/03/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Courtney Black Finance
Date Sent: Date Required:
c 09/28/2023 10/4/2023
Q Mayor or Designee to Sign. Date of Council Approval:
Q
Q Interlocal Agreement Uploaded to Website n/a
Budget Account Number: Grant? Yes❑ NoF71
M00003.64190.1310
Budget? Yes❑No Type: N/A
Vendor Name: Category
Definitive Insight Consulting Contract
Vendor Number: Sub-Category:
set up in process Original
0
4-0 Project Name: Budgetary Controls and Capital Accounting Policy Development for Agile Scrum IT Delivery
cProject Details: Exhibit A Proposal/Scope of Work
c
c
Basis for Selection of Contractor:
E Agreement Amoun�1_0"/10/2023
1 400 RFP
� r _ *Memo to Mayor must be
3- Start Date: Termination Date: 01/26/2024
Q Local Business?❑Yes F,/—]No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchose-Locol Exceptions"form on Cityspace.
Business License Verification: El Yes In-Process Exempt(KCC 5.01.045) El AuthorizedSigner Verified
Notice required prior to disclosure? Contract Number:�
❑Yes❑No CAG2023-511
Comments:
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Date Received:City Attorney: 9/28/23 Date Routed:Mayor's Office 10/2/23 City Clerk's Office 10/3/23
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
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KENT
WISHINGTON
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Definitive Insight Consulting LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and Definitive Insight Consulting organized under the laws of the State of Arizona, located and
doing business at 4612 E Ironhorse Rd, Gilbert, Arizona, 480-586-7923 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
The Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Exhibit A: Capital Accounting Policy for Agile/Scrum IT Project Delivery RFP Response
The Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. The Consultant shall complete the
work described in Section I by January 26, 2024.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed$81,400, 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 above, 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 by it 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.
B. The Consultant shall submit deliverable-based 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 forty-five (45) days of receipt of an invoice. If the
City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute. In that event, the
parties will immediately make every effort to settle the disputed portion.
C. Card Payment Program. The Consultant may elect to participate in automated credit card
payments provided for by the City and its financial institution. This Program is provided as
an alternative to payment by check and is available for the convenience of the Consultant. If
the Consultant voluntarily participates in this Program, the Consultant will be solely
responsible
CONSULTANT SERVICES AGREEMENT - 1
(Over$20,000)
for any fees imposed by financial institutions or credit card companies. The Consultant shall
not charge those fees back to the City.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which the
Consultant's services under this Agreement will be performed.
C. 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 the 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.
D. 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.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
Consultant's business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
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 of
this 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 the Consultant's records or data is not related to this project, it shall be without liability or legal
exposure to the Consultant.
VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Consultant shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Consultant due to a force majeure event.
CONSULTANT SERVICES AGREEMENT - 2
(Over$20,000)
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Consultant to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Consultant to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Consultant.
VII. 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. The Consultant shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
VIII. INDEMNIFICATION. The 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, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Consultant's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
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 the 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 the 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
having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then
the 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.
The provisions of this section shall survive the expiration or termination of this Agreement.
IX. 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.
X. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to the Consultant for the purpose of completion of the work under
this Agreement.
XI. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
CONSULTANT SERVICES AGREEMENT - 3
(Over$20,000)
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by
the Consultant. The 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 the Consultant for this project by
anyone other than the Consultant on any other project shall be without liability or legal exposure to the
Consultant.
XII. CITY'S RIGHT OF INSPECTION. Even though the Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XIII. WORK PERFORMED AT CONSULTANT'S RISK. The Consultant 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 that purpose. All work shall
be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VIII of this Agreement.
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 hereunder 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 such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party 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 the
Consultant.
CONSULTANT SERVICES AGREEMENT - 4
(Over$20,000)
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 the Consultant's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records 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 satisfying 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.
CONSULTANT SERVICES AGREEMENT - 5
(Over$20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
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 WITNESS, 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: CITY OF KENT:
By: ( ByQaA' .A��
Print Name: �I�[l"TayLL Print Name: Dana Ralph
Its a)dlo�l Its Mayor
DATE: I . )I I )_ J DATE: 10/03/2023
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Devin Wong Courtney Black, Deputy Finance Director
Definitive Insight City of Kent
4612 E Ironhorse Rd. 220 Fourth Avenue South
Gilbert, Arizona 85297 Kent, WA 98032
(509) 251-8778 (telephone) (253) 856-5265 (telephone)
devin.wong@definitiveinsight.com (email) cblack@kentwa.gov (email)
APPROVED AS TO FORM:
r
Ke 'Law Depart -pent
ATTEST:
k�� 6�
Kent City Clerk
[In this field,you may enter the electronic filepath where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 6
(Over$20,000)
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:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 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 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
• 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.
3. 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.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
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:
EEO COMPLIANCE DOCUMENTS - 1
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 Materials and
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 sources of 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 ascertain
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
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (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,
EEO COMPLIANCE DOCUMENTS - 2
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.
6. 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 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, 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 certain testing entities
(42 U.S.C. §§ 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. § 47123)
(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;
EEO COMPLIANCE DOCUMENTS - 3
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 1972, 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)
7. The submission of the final invoice for this 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 fulfill the five requirements referenced above.
By:
For: i tl f I`\ ►
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 4
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity 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:
1. 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.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 5
EXHIBIT A
Capital Accounting Policy for Agile/Scrum IT Project Delivery
RFP Response
Submitted to:
City Clerk's Office, City of Kent WA
Project Background
The City of Kent is facing challenges related to the migration to agile scrum and cloud delivery models
resulting in impacts to financial reporting, budgetary controls, and capitalization policy.The city is
seeking counsel on how to best approach project capitalization approaches and process
recommendations that will help inform continued maturation on their agile adoption journey.
Project Objectives
The desired outcomes of this engagement are as follows:
• Assess the current state environment of IT planning and accounting practices
• Develop and present a set of recommendations on best practices to adopt including alternatives
for consideration
• Create a roadmap of suggested projects and activities to implement recommendations
Project Approach
The engagement will use a phased-approach to focus on first structuring a successful engagement and
then deep-diving into agreed upon research and deliverables to quickly progress our understanding of
the unique issues facing the teams and to give ample opportunity for feedback and redirection by the
project sponsors.The team will work with the CAO,the finance team,the technology team, and other
stakeholders to conduct interviews, review current documentation, and review analyses at different
stages of the project to develop the core recommendations and assess realistic alternatives.
Given the terms and context shared in the RFP as well as the updated timing to start date for the
project,we believe the project should be planned for five months in duration assuming we begin
September 5, 2023.The target timing for the week of the final phase and deliverables submittal would
be January 12, 2024.
The team proposes to structure the project with the following phases:
Phase (Duration) Activities
Leadership Alignment . Kick-off and scope/approach alignment meetings
(1 Week) • Timeline and level of effort validation with project sponsors
• Identification and introduction to other stakeholders
Definitive Insight Consulting LLC
• Acceptance Criteria detailed definition
Discovery—IT • Stakeholder interviews
Portfolio • Reviewing City of Kent current SOPs and policies
Management • Stakeholder discussions on research, best practices, and applicable
(5 Weeks) frameworks to understand adoption needs
Discovery—Project • Stakeholder interviews
and Capital Planning • Reviewing City of Kent current SOPS and policies
(5 Weeks) • Stakeholder discussions on research, best practices, and applicable
frameworks to understand adoption needs
Draft Deliverable • Draft White Paper content review meeting
Review • Discuss Alternative Options for directional input and prioritization of any
(1 Week) additional effort put into alternatives presented
Final Deliverable • Follow-up research and interviewing to close gaps in information
Preparation • Final deliverable preparation
(3 Weeks)
Recommendations • Presentation to Immediate Project Sponsors
and Present Out • Delivery of Finalized Deliverables
(1 Week)
Continuous • Status reports
Engagement with • Risk log and review
Sponsors • Standing meeting with project sponsors
(Bi-Weekly)
Project Deliverables
• Deliverable 1—Facilitation of key meetings including notes and action item management:
o Kick-off and alignment meetings
o Stakeholder and SME interviews for discovery work
o Review meeting to discuss draft white paper and alternatives (Deliverables 2 & 3)
o Presentation to Leadership of final recommendations (Deliverable 4)
o Sponsor close-out meetings and final engagement report (Deliverable 5)
o Bi-weekly status meeting with project sponsors
• Deliverable 2—Draft and final versions of a white paper summarizing research on capital
accounting and budgetary controls for IT projects in an agile scrum environment,with focus
placed on transparency and accountability for project budgeting and expenditures.
• Deliverable 3—Alternatives analysis prepared for City of Kent policies, processes, roles and
responsibilities related to IT project capital accounting and budgetary control in an agile scrum
environment, based on industry best practice and comparative agency approaches.
• Deliverable 4—Presentation of recommendations and alternatives considered.
• Deliverable 5—Final Engagement Report that summarizes the deliverables of the project and
suggests the next steps the city could take for implementing recommendations.The report will
Definitive Insight Consulting LLC
include the following sections: section 1 white paper summary, section 2 City-selected policies,
processes, roles and responsibilities from alternatives analysis, and section 3 a recommended
high-level implementation plan.
Project Fees
Milestone Date Billed Fee
Kick-Off Sept 5, 2023 $20,350
Draft Deliverable Review Nov 17, 2023 $40,700
Final Project Review and Jan 12, 2024 $20,350
Deliverable Submittal
Expenses such as meeting Jan 12, 2024 Expenses to be approved in
materials,travel, etc. advance, actual expenses
incurred will be billed
Total $81,400+Approved
Expenses
Project Assumptions
The following assumptions were used in developing this proposal:
• The majority of work will be conducted remotely; kick-off and final presentation meetings will
be conducted on-site.
• City of Kent resources will be made available for interviews during the discovery phases.
• City of Kent documentation (policies, processes, etc.) applicable to this project will be made
available during the discovery phases.
• Research and documentation of alternative solution options will be limited to approx. 20 hours
of effort.This can be reviewed and adjusted during the kick-off period as necessary.
• The project will observe a holiday schedule of:
o September 4
o November 23 & 24
o December 25
o January 1
• The project will not meet with stakeholders during the last two weeks of the year(Dec 18, 2023
—Dec 31, 2023).
• Definitive Insight will assume the cost of team travel for the kick-off and final presentations. Any
additional in-person interviewing, or other requested travel will be discussed for expensing
approval on the project.
• Changes in project scope will be agreed upon in writing and may cause a reassessment of total
project fees depending on the implications of the requested changes.
Project Team Qualifications
The proposed team for this project will combine their expertise and experience to partner with the City
of Kent and address the problems outlined in the RFP. We take a systems-thinking approach to our
Definitive Insight Consulting LLC
client work which could be the unique perspective needed to help the organization mature its processes
to that"next level". Our proposed team is made up of the following members:
Devin Wong—Project Lead and Agile Specialist
Devin is an experienced consultant and leader who brings 20 years of IT experience across health care,
retail, nonprofit, and manufacturing industries. In addition to being trained in waterfall project
management methodology, Devin is a trained Scrum Master and Scrum Product Owner and has worked
with organizations through initial adoption of Scrum methodologies. Devin is a PNW native and has lived
in King County most of his life.
Jeff Davis—Technology Strategy and Management Specialist
Jeff brings almost 20 years of technology management and strategy experience, and has direct
experience with financial planning and capitalization schedules for agile/scrum environments in $100M+
budgets. He has led technology teams for multiple technology areas including data platform, web/UI,
mobile and business unit specific application development.Jeff has been through agile adoptions in
different organizations and industries, tightly partnering with financial operations in all cases to ensure
the organization's investments are planned and continually adjusted to maximize goal attainment.Jeff
currently lives in Arizona, but previously lived in Renton and Federal Way.
Jacques Scholtz—Financial Management and Capital Planning Specialist
Jacques is an experienced Financial Professional with an MBA from the University of Arizona and 10+
years of experience across a wide breadth of roles, specializing in strategic planning, business process
development&system improvements. Most recently Jacques has led a capital planning team at Intel,
who is responsible for end-to-end capital planning, including project funding alignment, budget
forecasting, driving affordability efforts and improving capital processes/systems.
About Definitive Insight
At Definitive Insight Consulting,we help our clients understand how their organizations operate as
interconnected systems, and how they can reach their goals leveraging their current strengths while
picking up new skills and vastly multiplying opportunities for staff creativity and ownership. Our team of
consultants has a broad mix of skills and expertise, ranging from strategy and leadership to technological
innovation and capital project management.We work with clients to provide tailored solutions that fit
their needs and goals.Whether you want to improve your performance,transform your culture, or
innovate for the future, we are here to help you achieve your vision.
The team at Definitive Insight would like to thank the City of Kent for the opportunity to submit this
proposal.
Please contact Jeff Davis at ieff.davis@definitiveinsieht.com or by phone at 480-586-7923 with any
questions.
Definitive Insight Consulting LLC
Exhibit B
Insurance Requirements
The Contractor 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 Contractor, their agents, representatives, employees,
or subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors,
products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate
Per Project Endorsement ISO form CG 25 03 11 85. The City shall be
named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage. If a general
aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall
be twice the required occurrence limit.
The Contractor may use Umbrella or Excess Policies to provide the
liability limits as required in this Agreement. This form of insurance will
be acceptable if all the Primary and Umbrella or Excess Policies shall
provide all the insurance coverages herein required. The Umbrella or
Excess policies shall be provided on a true "following form" or broader
coverage basis, with coverage at least as broad as provided on the
underlying Commercial General Liability insurance.
Automobile Liability insurance providing bodily injury and property
damage liability coverage for all automobiles/vehicles used in the
performance of this Agreement. This coverage must be on a primary
and non-contributory basis only. Coverage shall be written on 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.
Workers' Compensation coverage for the employees of Contractor and
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
Professional Liability or Errors & Omissions insurance appropriate to
the Contractor's profession.
Cyber Liability insurance, insuring against losses arising out of or
resulting from breach, Contractor's professional acts, omissions,
activities, or services.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $2,000,000 general aggregate,
and $2,000,000 products-completed operations aggregate limit.
Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. al.
Waiver of Subrogation
Umbrella/Excess Liability insurance shall be written with limits no less
than $1,000,000 per occurrence.
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence.
Cyber and Information Breach Liability insurance shall be written with
limits no less than $1,000,000 per occurrence.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City. The above policy
limits may be obtained with excess liability (umbrella) insurance.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions:
1. The Contractor's insurance coverage shall be primary insurance
with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in
excess of the Contractor's insurance policies and shall not
contribute to the Contractor's insurance policies.
2. Contractor's insurer must deliver or mail written notice of
cancellation to the named insured at least forty-five (45) days
before the effective date of the cancellation. The Contractor's
insurance policy shall include an endorsement that provides the
City with written notice of cancellation forty-five (45) days
before the effective date of the cancellation. If Contractor's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Contractor must notify the City of
any cancellation, nonrenewal or termination before the effective
date of the cancellation.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) with respect to work
performed by or on behalf of the Contractor and a copy of the
endorsement naming the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the
right to receive a certified copy of all required insurance policies.
The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately
to each insured against whom claims are made or suit is
brought, except with respect to the limits of the insurer's
liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work. The City waives no
rights, and the Contractor is not excused from performance if Contractor
fails to provide the City with a copy of the endorsement naming the City as a
Primary Non-Contributory Additional Insured.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverage for subcontractors shall be subject to all the same insurance
requirements as stated herein for the Contractor.
CERTIFICATE OF LIABILITY INSURANCE DATE(25/202 YYYY)
� 9/25/2023
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
CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms
and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu
of such endorsement(s).
PRODUCER CONTACT NAME
AMERICAN FAMILY BROKERAGE, INC. PHONE(A/C No,Ext): FAX(A/C No):
6000 American Pkwy EMAIL ADDRESS:
Madison,WI 53783
INSURER(S)AFFORDING COVERAGE NAIC#
INSURED INSURER A:United States Liability Insurance Company 25895
DEFINITIVE INSIGHT CONSULTING,LLC INSUREB B: United States Liability Insurance Company
4612 E IRONHORSE RD INSURER C:
GILBERT,AZ 85297 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT 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.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
GENERAL LIABILITY EACH��OCTCURENCE $1,000,000
X MTK1568803 09/11/2023 09/11/2024 PREMISES2Eaoccurence) $300,000
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE 1XI OCCUR MED EXP(Any one person) $10,000
A PERSONAL&ADV INJURY
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG
X POLICY PRO LOC $
AUTOMOBILIE LIABILITY a BINEDaccident)SINGLE LIMIT $
ANY AUTO BODILY INJURY(Per person) $
AUTOS NED SLffuti ED BODILY INJURY(Per accident)$
HIRED AUTOS ANONDOWNED (Peoaccident4AMAGE $
UT 3 $
MBRELLA LIAB OCCUR EACH OCCURRENCE $1,000,000
B CUP1574240 09/11/2023 09/22/2024
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000
DED I I RETENTION$ C g �J $
WORKERS COMPENSASION TORY LIMITS OER
AND EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $
PManddatory��EiM N) EXCLUDED? ❑ E.L.DISEASE-EA EMPLOYEE$
'UTMWION'F9PERATIONS below E.L.DISEASE-POLICY LIMIT $
Technology Professional Liability MTK1568803 09/11/2023 09/11/2024 EACH CLAIM $3,000,000
A ANNUAL AGGREGATE $3,000,000
DEDUCTIBLE EACH CLAIM $0
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(See attached Acord 101 for additional liability limits)
City of Kent is an additional insured per BP 04 48 01 06BP-134 06/09 Blanket Additional Insured is part of this policy.
CERTIFICATE HOLDER CANCELLATION
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
220 4th St Ave S EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
Kent,WA 98032 POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25(2010/05) Copyright 1988-2010 ACORD CORPORATION II rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 2420
LOC#: All
Ar " ' ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY INSURED
AMERICAN FAMILY BROKERAGE, INC. DEFINITIVE INSIGHT CONSULTING,LLC
POLICY NUMBER 4612 E IRONHORSE RD
GILBERT,AZ 85297
MTK1568803
CARRIER NAIC CODE
United States Liability Insurance Company 25895 EFFECTIVE DATE: 9/11/2023
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
COVERAGE PART LIMITS
Businessowners Liability
Liability and Medical Expenses $1,000,000
Medical Expense(per person) $10,000
Damages To Premises Rented To You(Any One Premises) $300,000
Hired and Non-owned Auto Each Occurrence Included
Hired and Non-owned Auto Aggregate Included
General Aggregate $2,000,000
Technology Professional Liability
Each Claim Limit $3,000,000
Annual Aggregate Limit $3,000,000
Deductible $0
Intellectual Property Each Claim $1,000,000
Intellectual Property Aggregate $1,000,000
Privacy Breach Expense and Defense of Regulatory Claims Each Claim $1,000,000
Privacy Breach Expense and Defense of Regulatory Claims Aggregate $1,000,000
Retroactive Date 9/11/2023
ACORD 101 (2008/01) Copyright 2008 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks of ACORD