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HomeMy WebLinkAboutCAG2024-488 - Original - Jeff Evans - Simply Magic, LLC - 2025 Plant Protectors Summit - 10/17/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Dani Hodgins for Tony Donati Public Works Date Sent: Date Required: c 10/18/2024 10/23/2024 CL Director or Designee to Sign. Date of Council Approval: Q N/A Budget Account Number: Grant?[:]YesZNo 41005550.64190.7850 Budget?R]YesE]No Type: N/A Vendor Name: Category: Jeff Evans -Simply Magic LLC Contract Vendor Number: Sub-Category: = Original 0 Project Name: 2025 Planet Protectors Summit E c Project Details: Performer will resent 3 45 Minute presentations at Kent's 2025 � p � ) = Planet Protectors Summit. c 40 40 Agreement Amount: $2 850 Basis for Selection of Contractor: Other 47 `Memo to Mayor must be attached 11- Start Date: 10/17/2024 Termination Date: 4/30/2025 Im Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:YesElln-ProcessElExempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: F1Yes�✓ No CAG2024-488 Comments: a1 G 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 10/18/24 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 CITY OF KENT PERFORMANCE AGREEMENT THIS AGREEMENT is between Jeff Evans, Simply Magic LLC ("Presenter")and THE CITY OF KENT, a Washington municipal corporation ("City"). In consideration of the covenants and agreements set forth herein, the parties agree as follows: 1) DESCRIPTION. The Presenter agrees to present three (3)45-minute presentations at Kent's 2025 Planet Protector Summit at Green River Community College, 12401 SE 320"' Street, Auburn, WA 98092-3622 on March 25, 2025 ("Presentation"). The Presentation is described in the Scope of Work, attached as Exhibit A and incorporated by this reference. 2) COMPENSATION. The City shall pay Presenter the total sum of Two Thousand Eight Hundred Fifty Dollars ($2,850)for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. 3) LOCATION. The City agrees, at its own expense to provide the location for the Presentation. 4) IMPOSSIBILITY OF PERFORMANCE. The parties agree that the Presentation shall take place rain or shine. The Presenter shall be under no liability for failure to appear or perform in the event that such a failure is caused by or due to acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, or if such failure is caused by a "superior force"(s) defined under Washington law. 5) NOTICES. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: CITY OF KENT Attn: Chad Bieren, P.E. 220 Fourth Avenue South Kent, WA 98032 PRESENTER Jeff Evans, Simply Magic LLC. 6) INDEMNIFICATION. Presenter 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 Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. 7) INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B. 8) WORK PERFORMED AT PRESENTER'S RISK. Presenter 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 Presenter's own risk, and Presenter 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. 9) TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days'written notice at its address set forth in Section 5. CITY OF KENT PERFORMANCE AGREEMENT- Page 1 of 2 10) 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 Presenter. 11) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter set forth herein. No prior or contemporaneous representation, inducement, promise, or agreement between or among the parties which relate to this subject matter will be of any force or effect. 12) GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Washington. 13) COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which will constitute an original, and all of which together will constitute one agreement. 14) DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor 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 Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. IN WITNESS THEREOF the parties hereto have executed this agreement. CITY PRESENTER Michael Mactutis w o„�e,=I=o��I'l�9 10/17/24 � 10/17/2024 J Signed Date Signed Date Michael Mactutis, P.E., Environmental Engineering Manager 220 Fourth Avenue South, Kent,WA 98032 Address (253)856-5500 Phone CITY OF KENT PERFORMANCE AGREEMENT- Page 2 of 2 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. EEO COMPLIANCE DOCUMENTS - Page 1 of 7 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: 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, EEO COMPLIANCE DOCUMENTS - Page 2 of 7 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, 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); EEO COMPLIANCE DOCUMENTS - Page 3 of 7 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; 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) EEO COMPLIANCE DOCUMENTS - Page 4 of 7 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: g4& For: Jeff Evans Title: manager Date: 10/17/2024 EEO COMPLIANCE DOCUMENTS - Page 5 of 7 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. EEO COMPLIANCE DOCUMENTS - Page 6 of 7 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 - Page 7 of 7 Exhibit A esactivP r�R M,3 Scope of Work September 30, 2024—March 25, 2025 Project title: The Magic of Our Water Parties involved: Jeff Evans/Simply Magic LLC and the City of Kent, Washington Introduction: This agreement between Jeff Evans/Simply Magic LLC and the City of Kent, Washington details the custom motivational-magic program that Jeff will produce as part of The Planet Protector's Summit. Objectives: The Planet Protector's Summit is an annual event held for elementary school students in the City of Kent, Washington. It promotes clean water, recycling, and conservation of our natural resources. Jeff's The Magic of Our Water program is designed to make this serious subject fun and memorable with actionable steps students can take to help protect and conserve our water. Scope of work: Jeff Evans presents The Magic of Our Water as part of the Planet Protector's Summit on Tuesday, March 25, 2025. The show will be for a total of approximately 500-700 4ch-grade students in total (all three shows) at Green River College (12401 SE 320th St,Auburn, WA 98092). Jeff will present three (3)performances at the following times: • 10:05 — 10:54 am • 10:59— 11:48 am • 12:25 - 1:14pm Task list: Jeff Evans will take the following actions: • Online research for water conservation • Research at the Wastewater Education Center(WET) in Olympia, WA • Interview staff at a waste treatment facility Scope of Work P. 1 The Magic of Our Water • Interview a conservation activist for additional ideas • Research ways of combining STEM (Science-Technology-Engineering-Math) components into The Magic of Our Water program • Create a Powerpoint (or similar)program to integrate photos and/or short video clips for projection into The Magic of Our Water. • Consider integrating live video feed into The Magic of Our Water to make it easier for smaller demonstrations to be seen in a large auditorium. (Jeff to provide the video camera and connections to make this a seamless connection to the College's projector system.) Project schedule: • Task one: Date to begin task—Date to end task • Task begins: September 25, 2024 with online research. This research will be ongoing as the program develops through late January 2025. • 9/27/2024—9/30/2024: create a Scope of Work(this document) and submit it to Tony Donati, Conservation Coordinator, City of Kent Public Works Department • October 2024: Research visit to the Wastewater Education Center(WET) in Olympia • October 2024: Hire graphics designer to design/produce two roll-up banner stands for The Magic of Our Water • October 2024: Interview a conservation activist for additional ideas • October—November 2024: Decide on presentation software and remote control system for the show • October 2024: consult with other magicians about specific water-related effects to include as part of this program • October-November 2024: Develop program and order/build props as required • November 2024: Interview staff at a waste treatment facility • November-December 2024: rehearse individual elements of the program • January 2025: If a live video feed is determined to be beneficial, practice using a video camera as part of the program. Switching between this live video source and the presentation software must be seamless. • January 1 —February 1, 2025: begin rehearsals of full program. Video and have other professional performers critique and provide feedback. • February 2025: fine-tune live performance and create a 2-page Class Activity Sheet PDF from my research materials, interviews, and field trips • Hire an assistant to help during The Planet Protector's Summit(if required) • March 2025: practice performance for an elementary school. Videotape, review, critique, make improvements, and repeat as needed. • March 25, 2025: Show time at The Planet Protector's Summit! Scope of Work p. 2 The Magic of Our Water Project deliverables: • Attract and hold the attention of the audience (4th grade students) • Educate students of the vital importance of water • Establish the dangers threatening clean water(both salt and fresh water) • Teach students to identify threats to clean water • Teach students to identify wastes of water • Provide actionable steps that kids and adults can follow to help protect and conserve water Adoption plan: Jeff Evans arrives at 8:00 am on the day of the event to check in and set up. The Green River College will provide a stage or platform, sound system, and projector and screen. Jeff provides his own wireless microphone to plug into the sound system as well as a laptop and presentation software with HDMI output for the projector. The program will be set-up, all technology tested, and ready to begin a half hour prior to the first program. Quick re-set: due to the short time in between the first and second presentations Jeff will likely use a second set of props that are ready to go immediately. A large plastic trash bucket will be located off stage so used liquids can be dumped out and either re-used or emptied outside later. Five one-gallon refillable water jugs will be located off-stage on a tarped-off area for loading props as needed in the event that a sink is not available nearby. Absorbent towels will be on hand for taking care of spills from any demonstrations. As the program is being rehearsed in January and February if it becomes apparent that an assistant would be helpful, Jeff will hire someone to assist with the program. Price and Payment Terms: Total payment due to Jeff Evans for creating and producing three performances of The Magic of Our Water as part of The Planet Protector's Summit on March 25, 2025 is $2,850 complete. Please make check payable to Simply Magic LLC and mail within 30 days following the event. Project management: Jeff Evans is responsible for development, creation, and implementation of The Magic of Our Water program. Some tasks, such as graphic design for logo, banners, and slides, may be outsourced to an independent professional. All props, outsourcing, and related costs are the responsibility of Jeff Evans as the presenter. Scope of Work p. 3 The Magic of Our Water EXHIBIT B INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement.