HomeMy WebLinkAboutCAG2024-485 - Original - Dirtfish - EVOC Instructor Training - 12/12/24 rVK Li i i Vr mcm i VrrILIML VAC V19Li
Sup/Mgr:
Agreement Routing Form DirAsst:
F,� * 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)
W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Sgt Peter Stewart Police
Date Sent: Date Required:
> 10/17/2024 ASAP
0
fl. Mayor or Designee to Sign. Date of Council Approval:
a
Q Interlocal Agreement Uploaded to Website
Budqet Account Number: Grant? Yes No�✓
10002100.64190.3110
Budget?ZYes[—]No Type: N/A
Vendor Name: Category:
DirtFish Contract
Vendor Number: Sub-Category:
C 2519179 Original
0
40 Project Name: EVOC Instructor training
CProject Details: One day training event for EVOC Instructors. Risk Management's insurance
= carrier, Safety National, will reimburse $10,000 towards this training.
4W
C
Basis for Selection of Contractor:
Agreement $22,759.65 Direct Negotiation
Memo to Mayor must be attached El
Go Start Date: 1 2/12/24 Termination Date: 12/12/24
v�
Q Local Business?F—]YesF✓ No*If meets requirements per KCC 3.70.100,please complete'Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification: ❑✓ YesEl In-Process✓Exempt(KCC 5.01.045) Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
F]Yes 7No CAG2024-485
Comments:
FA
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30
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Date Received:City Attorney: 10 � Date Routed:Mayor's Office 10/17/24 City Clerk's Office 10/18/2
adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
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KENT
WISH NGTON
GOODS & SERVICES AGREEMENT
between the City of Kent and
Dirtfish, LLC dba DirtFish Rally School
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Dirtfish, LLC dba DirtFish Rally School organized under the laws of the State of
Washington, located and doing business at 7001 396th Dr SE, Snoqualmie, WA, 425-888-7715, Director of
Sales Adam Papp (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
DirtFish is a rally training school in Snoqualmie, with 350 acres of diverse terrain and tracks.
They offer extensive training in rally driving on their many courses, and run their training
regardless of the weather. Their One Day All Wheel Drive course will be offered to Kent Police
Officers to teach advanced car control skills that transfer to all aspects of emergency driving:
■ Understanding weight transfer
• Throttle management
• Adapting to understeer/oversteer
• Induce and correct slides
• Drive the proper"line"
• Straight line braking
• How to maximize traction
• Trail braking
• Adapting to changing conditions
The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 12th, 2024.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $22,759.65,
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST)
Payment due in full at time of booking. See Exhibit A, Invoice dated 9/6/2024,
I
Card Payment Program. The Vendor 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 Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
C. The Vendor 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
Vendor's services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST)
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VII. FORCE MA]EURE. 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 Vendor 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 Vendor due to a force majeure event.
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 Vendor 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
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST)
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 Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information;
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty, to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure t❑ Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST)
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor 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 Vendor shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
XII. INDEMNIFICATION. The Vendor 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.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor's part, then the Vendor
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
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. 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 attached and incorporated by this reference.
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor 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
Vendor's own risk, and the Vendor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST)
XV. 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 XII 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 Vendor.
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. Comiiiance with Laws. The Vendor 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 Vendor'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 Vendor 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 Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
J. City Business License Re uired. 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.
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST)
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.
VENDOR: CITY OF KENT:
Print Name: Print Name: Dana Ralph
Its Its Mayor
I
DATE: DATE: 10/17/2024
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Adam Papp Sergeant Peter Stewart
Director of Sale City of Kent
DirtFish Rally School 220 Fourth Avenue South
7001 396`h Dr SE Kent, WA 98032
Snoqualmie, WA 98065
(253) 856-5816 (telephone)
425-888-7715 (telephone) pstewart@kentwa.gov (email)
adamp@dirtfish.com (email)
i
APPROVED AS TO FORM:
Kent Law Dep ment
ATTEST:
k�-gumb
Kent City Clerk
GOODS &SERVICES AGREEMENT- 7
(Over$20,000, Including WSST)
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 of 5
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 of 5
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 of 5
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
Title:
Date:
EEO COMPLIANCE DOCUMENTS -j-Cof 5
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 of 5
Exhibit A
�� i rti
7001 3961h Drive SE Kent Police Department
Snoqualmie, WA, 98065 Peter Stewart
(425) 888 7715 PStewart@kentwa.gov
adamp@dirtfish.com 253-856-5800
SERVICE TYPE UNIT COST TOTAL
TY
QUANTI
10 DirtFish One Day All Wheel Drive Program $2199.00 $21,990.00
Service Fee $769.65
December 12th 2024
8am to 4pm
*full payment due at time of booking*
Thank you for your business! TOTAL $22,759.65
If you have any questions about this invoice, please contact me at (425) 888 7715 or adamp@dirtfish.com
Exhibit B
Insurance Requirements
Insurance
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:
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 Consultant'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 Consultant 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 Consultant and
subcontractors as required by the Industrial Insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
Commercial General Liability insurance shall be written with limits no
less than $1,000,000 per occurrence, $5,000,000 general aggregate,
and $5,000,000 products-completed operations aggregate limit.
Primary Non-Contributory Additional Insured coverage for the City of
Kent, et. a/.
Umbrella/Excess Liability insurance shall be written with limits no less
than $4,000,000 per occurrence, $4,000,000 general aggregate.
Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per occurrence.
If the Consultant 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 Consultant.
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 Consultant'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 Consultant's insurance policies and shall not
contribute to the Consultant's insurance policies.
2. Consultant'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 Consultant'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 Consultant's
insurer fails to provide the City with a copy of the notice of
cancellation endorsement, the Consultant must notify the City of
any cancellation, nonrenewal or termination within two (2)
business days of their receipt of such notice.
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 Consultant 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 Consultant'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
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. The City waives no
rights, and the Consultant is not excused from performance if Consultant
fails to provide the City with a copy of the endorsement naming the City as a
Primary Non-Contributory Additional Insured.
F. Subcontractors
Consultant 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 Consultant.
0 DATE
Acp CERTIFICATE OF LIABILITY INSURANCE MIDD/YYYY)
10/15/215/2024
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 Lockton Affinity, LLC
_RiPCN o E,U1 800-829-0919 IAfC.NG;913-652-7599
Lockton Affinity, LLC E-MAIL
P. O. Box 879610 ADDRESS;
Kansas City, MO 64187-9610 INSURERS AFFORDING COVERAGE NAIC#
INSURERA:FiremaWs Fund Insurance Company 211173
INSURED INSURER B:American Automobile Ins Cc 21849
Dirtfish Motorsports, LLC; Dirtfish, LLC
dba Dirtfish Rally School INSURERC:United States Fire Insurance Company 21113
INSURER D
7001 396th Dr. SE
INSURERS:
Snoqualmie, WA 98065
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.
[NSR I TYPE OF INSURANCE POLICY NUMBER MMfDDrYYYF MM/DDY/Y�Yt
LTR YY T LIMITS
A X COMMERCIAL GENERAL LIABILITY UST026938240 05/09/2024 05/09/2025 EACH OCCURRENCE $1,000,000
-DAmAGE70 RENTED $100,000
CLAIMS-MADE OCCUR PREMISES ce av e
X General Agg Limit MED EXP(Any one person) $Excluded
X Applies Per Event PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000
X POLICY SPOOF LOG PRODUCTS-COMP/OPAGG $5 000 000
OTH .'
?art. Legal Liab, $5,000,000
B AUTOMOBILE LIABILITY SCV0136012401 05/0 9/202 4 05/09/2025 COMBINED accen SING LIMIT(Ea $1
—000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PR RTY n $
HIRED AUTOS AUTOS r ac:ndr.M
I Id $
A UMBRELLA LIAB X OCCUR UST024386241 05/09/2024 -05/09/2025 EACH OCCURRENCE $4,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000
DED RETENTION$ $
'WORKERS COMPENSATION OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
Y�
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
DED?OFFICER/MEMBER EXCLU NIP`
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
C Participan Accident Us2144673 05/09/2024 05/09/2025 AD&D $10,000
Excess Medical $25,000
DESCRIPTION OF OPERATIONS LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
EVOC Training for the Kent Police Department scheduled for December 12, 2024
CERTIFICATE HOLDER CANCELLATION
2661789
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
220 Fourth Ave. S
Kent, WA 98032 AUTHOR1i EPRE5ENTA11Vk
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
50865271 2661789
Afflanz
Fireman's Fund insurance Company
A Stock Company
225 W.Washington Street,Suite 1800
Chicago,IL 60606-3484
Policy dumber: UST026938240 1-(888)466-7883
Named Insured: Dirtfsh Motorsports, LLC Sequential Endorsement Number: 5
Change Endorsement
Effective 08/03/2024 12:01 A.M., Standard Time at the mailing address of the Named Insured.
This is an Endorsement only. Other than changes shown, all other pre-existing coverage remains in full force and
effect. Premium adjustments are shown:
Premium Summary: Premium Due: $ 0
The following change(s)are made to this policy:
Copyright®2010 Allianz Global Risks US Insurance Company.All rights reserved Page 1 of 2
Allianz Ali
Policy Number: UST026938240 Sequential Endorsement Number: 5
Named Insured: Dirtfish Motorsports, LLC
GENERAL LIABILITY
The following General Liability Form/Endorsement(s) are amended to apply as shown:
Additional Insured -Designated Person or Organization(CG 20 26 04 13)
Name of Additional Insured Person(s)or Organizations(s)
A.Any person or organization engaged in operating, managing, sanctioning, sponsoring the "Covered Program"
or providing the"Premises"for a"Covered Program", including officials of a "Covered Program."
B. Any"Participant" (Excluding Drivers/Riders)"Competition Vehicle" Owner and"Competition Vehicle" Sponsor.
C. Any"Participant'Driver/Rider but only with respect to'Bodily Injury"or"Property Damage"to Persons other
than any other Driver/Rider.
D. The City of Kent,220 Fourth Ave. S. Kent,WA 98032 1
Motorsports Errors and Omissions Coverage Form (MTSE0001 11 15)
Coverage Description Limit of Liability
Each Incident $ 100,000
Copyright 0 2010 Allianz Global Risks US insurance Company.Ali rights reserved f lage 2 of 2