i STANDARD MREEMENT FORM FOR PROFESSIONAL SERVICES The parties' contract comprises this Standard Agreement Form, as welt as its referenced Articles and their associated Appendices 1 Agency Contract Number 2. DOS Solicitation Number 3. Financial Coding It. Agency Assigned Encumbrance Number CT 190001006 n/a 5. Vendor Number 6. ProjchCase Number 7. Alaska Business License Number V6023714 BL #2087894 This contract is between the State of Alaska. 8. Department of Division Of?ce of the Governor Of?ce of Management and Budget me 5.3.5. and 9. Contractor Phone: 907-699-6788 e_d_ m?ginnoer'u! 111;: hereafter the King Economics Group Contractor Mailing Address. Street or RC. Box City State ZIPM 8123 Easy Street, Juneau, AK 99301 10. ARTICLE 1. ARTICLE 2. 2.1 2.2 2.3 3. ARTICLE 4. 4 1 42 Appendices: Appendices refen'ed to in this contract and attached to it are considered part of it. Performance of Service: Appendix A (General Provisions). Articles 1 through 16. governs the performance of services under this contract. Appendix sets forth the liability and insurance provisions of this contract. Appendix sets forth the services to be performed by the contractor. Period of Performance: The period of performance for this contract begins: Julv 1.2019 . and ends December 31. 2019. Considerations: In full consideration of the contractor?s performance under this contract. the State shall pay the contractor a sum not to exceed 3 45,000.00 in accordance with the provisions of Appendix D. When billing the State. mecontr?ar shall refer to the Authority Number or the Agency Contract Number and send the billing to: 1. Department of Attention: Division of Of?ce of the Governor Division of Administrative Services Mailing Address Attention: PO. Box 110001, Juneau, AK 99801 Dottie Whitehead 12. CONTRACTOR Name of Firm King Economics Group 14. CERTIFICATION: i certify that the facts herein and on supporting documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited. that suf?cient funds are encumbered to pay this obligation, or that there is a suf?cient balance Signature 0m" ?29? Date in the appropriation cited to cover this obligation. i am aware that to ?ffz/ knowingly make or allow false entries or alternations on a public record. or knowingly destroy, mutilate. suppress, conceal, remove or Typed or Printed Name of Authorized Representative otherwise impair the verity, legibility or availability of a public record constitutes tampering with public records punishable under AS Ed Ing 11.56.815.820. Other disciplinary action may be taken up to and Title including dismissal. Owner 1 3. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date Department/Division Date IOMB Signature of Pr Ire/ i I Typed or Printed Name R. Shawn Henderson apart Title Mike Barnhill Administration Director Title Project Directo NOTICE: This contract has no effect until signed by the head of contracting agency or designee. 02-093 (Rev. 04/14] SAF DOC APPENDIX A GENERAL PROVISIONS Article I. De?nitionsll'llS contract and appendices, or Agency Head or Procurement O?tccr' means the person who signs this contract on belrall'ol?the Requesting Agency and a successor or authorized representative 2 ?State Contracting Agency" tnearrs the department for which this contract ts to be performed and for Which the Commissioner or Authorized Dcsigncc acted in signing this contract. Article 2. Inspections and Reports. 2 The department may inspect, in under this contract. . 2 2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires he manner and at reasonable times it considers appropriate, all the contractor?s lircilities and activities Article 3. Disputes. . . 3 lt'the contractor has a claim arising in connection With the contract that It cannot resolve With the State by mutual agreement, it shall pursue the claim, il'at all, in accordance with the provisions ofAS 36 30 620 632 Article 4. Equal Employment Opportunity. 4 The contractor may not discriminate against arty errtpioyce or applicant for employment because of race, religion, color, national origin, or because ot'age, disability, sex, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the positionts) do not require distinction on the basis of age, disability, sex, marital status, changes in marital status, pregnancy, or parenthood The contractor shall take afl'tnnative action to insure that the applicants are considered For employment and that employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, disability, age, sex, marital status, changes in marital status, pregnancy or parenthood. This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer. recruitment or recruitment advertising, layolTor termination, rates of pay or other forms and selection for training including apprenticeship. The contractor shall post in conspicuous places, available to ct uployecs and applicants for employment, notices setting out the provisions of this paragraph. 4.2 The contractor shall state, in all solicitations or advertisements for employees to work on State ol'AIaska contractjobs, that it is an equal opportunity employer and that all quali?ed applicants will receive consideration for without regard to race, religion, color, national origin, age, disability, sex, marital status, changes in marital status, pregnancy or parenthood 4.3 The contractor shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers" compensation representative of the contractor?s commitments under this anicle and post copies of' the notice in conspicuous places available to all employees and applicants for 4 4 The contractor shall include the provisions of this article in every contract, and shall require the inclusion of these provisions in every contract entered into by any of its subcontractors, so that those provisions will be binding upon each subcontractor For the purpose of including those provisions in any contract or subcontract, as required by this contract, ?contractor" and ?subcontractor" may be changed to re?ect appropriately the name or dsignation of the parties of the contract or subcontract 4 The contractor shall cooperate fully with State efforts which seek to deal with the problem ot'unlawt'ul discrimination, and with all other State efforts to guarantee fair employment practices under this contract. and comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to prevention ot'discriminatory employment practices 4 6 Full cooperation in paragraph 4 5 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination it? that is requested by any of?cial or agency of the State of Alaska; permitting employees of the contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, it'that is requested by any of?cial or agency ol?thc State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects ol'preseot and future employment; assisting inspection of the contractors facilities; and complying With all State directives considered essential by any of?ce or agency ot'the State of Alaska to insure compliance with all federal and State laws, regulations, and pol icics pertaining to the prevention ol? discriminatory employment practices. 4 7 Failure to perform under this article constitutes a material breach of contract Article 5. Termination. The Project Director, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the State In the absence ol'a breach of contract by the contractor, the State is liable only for payment in accordance with the payment provisions ol'this contract for services rendered before the effective date ot'tcnnination. Article 6. No Assignment or The contractor may not assign or delegate this contract, or any part of it, or arty right to any ol?thc money to be paid under it, except with the written consent otthe PijCCl Director and the Agency Head Article 7. No Additional Work or Material. bio claim lor additional semces, not speei lically provided in this contract, pcrl'ormcd or furnished by the contractor, will be allowed, nor may the contractor do any work or furnish any material not covered by the contract unless the Work or material is ordered in ?Till'lg the Pij'SCl Director and approved by the Agency Head 1A1rlicle 8. Independent Contractor. tc . - i . cOntf'klor and ?fly and employees of the contractor act in an Independent capacity and are not or employees or agents ol the State in 1c per lormance at this contract Article 9. Payment of'l'axcs. . I As ?1 condition ol'pert?ormance of this contract, the contractor shall pay all State, and local taxes inclined by the contractor and shall require I their payment by any Subcontractor or any other persons in the performance ol'lhis contract Satisfactory performance ot'this paragraph is a condition precedent to payment by the State under this contract. Article to. Ownership of Documents. . . . All designs drawings. speci?cations, notes, artwork, and other itork developed in the perlonnancc at this agreement are produced tor hm; and remain g, 1 . the sole property ot'the State ot'Alaska and may be used by the State For any other purpose \t?lli'lOtll additional compensation to the contractor ?the contractor agrees not to assert any rights and not to establish any claim under the desrgn patent or copyright Inns Nevertheless, II the contmcinr does mark such documents with a statement suggsting they are trademarked, copyrighted, or otherwise protected against the State?s unencumbered use or distribution, the contractor agrees that this paragraph supersedes any such statement and rendersit void The contractor, for a period ot'thrce years alter ?nal payment under this contract, agrots to furnish and provide access to all retained materials at the request ol'ihc Project Director Unless otherwise directed by the Project Director, the contractor may retain copies chill the materials Article II. Governing Law; Forum Selection . . . . This contract is govemcd by the Ian-s ot?tlic State of Alaska. To the extent not otherwrse governed by Article 3 at this Appendix, any claim conccniing this contract shall be brought only in the Superior Court of the State of Alaska and not Article 12. Con?icting Provisions. . . . Unless speci?cally amended and approved by the Department allow, the terms ol? this contract supersede any prowsions the contractor may seek to add The contractor may not add additional or different terms to this contract; AS 45 02 207(b)( l) The contractor speci?cally acknowledges and agrees that, among other things, provisions in any documents it seeks to append hereto that purport to I) ?aim: the State of Alaska?s sovei cign immunity, (2) impase indemni?cation obligations on the State ol'Aiaska, or (3) limit liability of the contractor ['or acts ol'contractor negligence, are expressly superseded by this contract and are void. Article 13. Ol?cials Not to Bene?t. . . Contractor must comply with all applicable federal or State laws regulating ethical conduct ofpublic ol?ticers and employees Article 14. Covenant Against Contingent Fees. The contractor \vanants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent l?ec except employees or agencies maintained by the contractor for the purpose ol'sccuring business. For the breach or violation of this warranty, the State may terminate this contract without liability or in its discretion deduct From the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee Article IS. Compliance. In the performance of this contract, the contractor must comply with all applicable federal, state, and borough regulations, codes, and tons, and be liable for all required insurance, licenses, permits and bonds. Article 16. Force Mojcure: The parties to this contract are not liable for the consequences of any failure to perform, or default in perl'onning, any of their obligations under this Agreement. il'that failure or default is caused by any unforeseeablc Force Majeure, beyond the control of, and without the fault or negligence of, the respective party For the purposes ofthis Agreement, Force Majeurc will mean war (whether declared or not); revolution; invasion; insurrection; riot; civil commotion; sabotage; military or usurped power, lightning; explosion; tire; storm; drought; ?ood; earthquake; epidemic; quarantine; strikes; acts or restraints of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the furnishing or use ol?matcriols or lzishor reouircd; inability to secure materials, machinery, equipment or labor because oi?priority, allocation or other regulations ot?any governmental a critics. APPENDIX B1 INDEMNITY AND INSURANCE Article 1. Indemni?cation The Contractor shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the Contractor under this agreement. The Contractor shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the Contractor and the independent negligence of the Contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. ?Contractor? and "Contracting agency", as used within this and the following article, include the employees, agents and other contractors who are directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the Contracting agency's selection, administration, monitoring, or controlling of the Contractor and in approving or accepting the Contractor?s work. Article 2. Insurance Without limiting contractor's indemni?cation, it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the state shall be entitled to coverage to the extent of such higher limits. Certi?cates of Insurance must be furnished to the contracting of?cer prior to beginning work and must provide for a notice of cancellation, non- renewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the contractor's services. All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21. 2.1 Workers' Compensation Insurance: The Contractor shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and; where applicable, any other statutory obligations including but not limited to Federal U.S.L. H. and Jones Act requirements. The policy must waive subrogation against the State. 2.2 Commercial General Liability Insurance: covering all business premises and operations used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000. combined single limit per claim. 2.3 Commercial Automobile Liability Insurance: covering all vehicles used by the Contractor in the performance of services under this agreement with minimum coverage limits of $300,000. combined single limit per claim. Contract #190001006 Kins Economics Groun APPENDIX SCOPE OF SERVICES The Contractor shall provide consulting and economic analysis services to assist the state in reviewing Alaska's Education Funding program. Services shall include but are not limited to the following: . An economic analysis of proposed changes to the education formula and indirect funding mechanisms, with an assessment of the impact on local governments. . Assess each local government's budget, revenue capacity, and debt load and determine how proposed changes to education funding would alter from the status quo. . Establish a baseline for each of the 34 organized districts' tax base. tax rates and funding sources. . Testing of the implications of making changes to the funding level, foundation formula, debt reimbursement, required local contributions, and/or maximum local contribution rate for education. 0 Analyzing, collecting, and compiling education funding data. . Meeting with the Project Director and other team member(s). . Preparing a ?nal report as requested by the Project Director. Performing these, consulting and other funding analysis services within the contract scope as requested by the Project Director. APPENDIX PAYMENT PROVISIONS In full consideration of the Contractor's performance under this contract, the state shall pay the contractor a rate of $150.00 per hour, for an estimated 300 total hours. The total contract shall not exceed $45,000.00, including all travel and any miscellaneous expenses associated with performing the work. Payments may be made after receipt of the contractor?s detailed invoice with receipts, and after the mvonce IS approved for payment by the Project and Administrative Directors. This contract may not exceed $45,000.00 total unless amended in writing by the state.