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HomeMy WebLinkAbout075-26 - Northwest Philanthropic Partners, LLC - ContractDocusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D Port Orchard Contract #: 075-26 Authorized Amount: 70 000 Date Start: 7/1/2026 Date End: 12/31/2026 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington, a municipal corporation organized under the laws of the State of Washington ("City") and Northwest Philanthropic Partners, LLC ("Consultant") organized under the laws of the State of Washington located and doing business at Address: 4366 Banner Rd SE, Port Orchard WA 98366 Primary contact: Brad Thomas Phone: (425) 615-9585 Email: bradjaythomas@gmail.com(hereinafter the "Consultant"). RECITALS: WHEREAS, the City desires to have certain services performed for its residents; and WHEREAS, the City has selected the Consultant to perform such services pursuant to certain terms and conditions; and NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: AGREEMENT: 1. Scope of Services to be Performed by Consultant. The Consultant shall perform those services described on Exhibit "A," which is attached hereto and incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Consultant shall perform the services diligently and completely and in accordance with professional standards of conduct and performance. The Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide the Consultant with a copy of the Grant Funding Agreement. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 1 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D 2. Compensation. The City shall pay the Consultant for services rendered according to the rates and methods set forth below. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $______________ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $_70,000.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "B ❑ OTHER 3. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the Parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. The City shall pay the Consultant for services rendered within ten (10) days after City Council voucher approval. However, if the City objects to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 2 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to settle the disputed portion. F. The City reserves the right to adjust the scope of Consultant's compensated services before reaching the maximum amount, provided such adjustments are communicated in writing a ;d mutuu!!y agrccd upon prior to implementation. 4. Duration of Agreement. A. This Agreement shall be in full force and effect for a period commencing on 7/1/2026 and ending 12/31/2026 unless sooner terminated under the provisions of this Agreement. The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the Consultant's services. B. Time is of the essence of this Agreement in each and all of its provisions in which performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will negotiate in good faith to determine whether an extension is appropriate. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 5. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 6. Ownership and Use of Documents. A. Ownership. Any records, files, documents, drawings, specifications, data, or information, regardless of form or format, and all other materials produced by the Consultant in connection with the services provided to the City, shall be the property of the City whether the project for which they were created is executed or not. B. Records preservation. Consultant understands that this Agreement is with a government agency and thus all records created or used in the course of Consultant's work for the City are considered "public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56 RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The City may be required, upon request, to disclose the Agreement, and the documents and records submitted to the City by Consultant, unless an exemption under the Public Records Act City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 3 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D applies. If the City receives a public records request and asks Consultant to search its files for responsive records, Consultant agrees to make a prompt and thorough search through its files for responsive records and to promptly turn over any responsive records to the City's public records officer at no cost to the City. 7. Relationshia of the Parties: Independent Consultant. The Parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives, and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Indemnification. Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 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, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder 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. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY THE PARTIES. The provisions of this section shall survive the expiration or termination of this Agreement. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 4 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D 9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Consultants and personal injury and advertising injury. 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. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. iii. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A -VII. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 5 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D E. Verification of Coverage. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. H. No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 10. Record Keeping and Reporting. A. The Consultant shall maintain accounts and records, including personnel, property, financial, and programmatic records, which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed pursuant to this Agreement. The Consultant shall also maintain such other records as may be deemed necessary by the City to ensure proper accounting of all funds contributed by the City to the performance of this Agreement. B. The foregoing records shall be maintained for a period of seven (7) years after termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with Chapter 40.14 RCW and by the City. 11. City's Right of Inspection and Audit. A. 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 the satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 6 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D B. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the City during the performance of this Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support of the performance of the service, work products, or outcomes fulfilling the contractual obligations are the products of the City. 12. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder 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 by the Consultant for use in connection with the work. 13. Termination. A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. i. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. ii. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 7 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D D. Suspension. The City reserves the right to suspend this Agreement at its sole discretion, provided that: (a) the City provides Consultant with no less than fourteen (14) days prior written notice of suspension; (b) the City remains obligated to compensate Consultant for all services rendered and expenses incurred through the effective date of suspension; and (c) any resumption of services following a suspension period shall be subject to a written resumption agreement executed by both parties, which may include adjustments to the project schedule and fees to account for the interruption. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in the "Notices" Section herein. F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may otherwise have for the violation or nonperformance of any provisions of this Agreement. 14. Discrimination Prohibited. A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Violation of this Section shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Agreement specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party's performance that result from the pandemic become substantially more onerous after the effective date of this Agreement. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 8 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D 16. Assignment and Subcontract. The Consultant shall not assign or subcontract any portion of the services contemplated by this Agreement without the prior written consent of the City. Any assignment made without the prior approval of the City is void. 17. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 18. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. 19. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the current fiscal period. This Agreement will terminate upon the completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of the provision are effectuated. 20. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the parties. If there is a conflict between the terms and conditions of this Agreement and the attached exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 21. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. 22. Modification. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 9 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D No waiver, alteration, 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. 23. Notices. All notices or other communications required or permitted under this Agreement shall be in writing and shall be (a) personally delivered, in which case the notice or communication shall be deemed given on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid, return receipt requested, in which case the notice or communication shall be deemed given three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using a nationally recognized overnight courier service, in which case the notice or communication shall be deemed given one business day after the date of deposit with such courier. In addition, all notices shall also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the following addresses: Notices to the City of Port Orchard shall be sent to the following address: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 BwaIlace@cityofportorchard.us Phone: 360.876.4407 Fax: 360.895.9029 Notices to the Consultant shall be sent to the following address: 4366 Banner Rd SE Port Orchard, WA 98366 Phone No.: (425) 615-9585 Email:bradiaythomas@gmail.com 24. Resolution of Disputes; Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 10 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other Party. 25. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 26. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. B. Nondiscrimination. The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by the Consultant 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. D. Information and Reports. The Consultant will provide all information and reports required by the Acts, the 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 by City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 11 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding payments to the Consultant under the Agreement until the contractor complies; and/or ii. cancelling, terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 27. Counterparts. 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. 28. Severability. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 12 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the dates listed below. CONSULTANT By: Brad Thomas (Jul 1, 202609:41:33 PDT) Campaign Specialist (Subcontractor), Title: Principal, Lead Campaign Strategist CITY OF PORT ORCHARD Signed by: By: �D� P4MJn Stub. ��a✓�47-8... Robert Putaansuu, Mayor Date: 7/1/2026 Date: 7/1/2026 ATTEST/AUTHENTICATE Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM Signed b Port Orchard City Attorney's Office City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 13 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A Phase 1 Campaign Planning and Fundraising Feasibility Study Northwest Philanthropic Partners I Port Orchard Community Events Center I July — August 2026 This document presents two concurrent but separate engagements proposed by Northwest Philanthropic Partners beginning July 1, 2026. Part 1 covers the revised Phase 1 campaign planning scope, timeline, and fee. Part 2 covers the fundraising feasibility study, which runs concurrently under a separate contract. Both engagements share the same calendar period but are billed independently with no overlap in hours, deliverables, or fees. Combined, they represent the foundational investment required to launch a well -prepared, professionally executed capital campaign for the Port Orchard Community Events Center. Feasibility study (separate contract) 8 weeks 200 hrs $35,000 Phase 1 consulting 8 weeks 260 hrs $35,000 Combined 8 -week period total of $70,000 reflects two separate contracts. The feasibility study concludes August 21, 2026— five days before the Phase I City Council presentation on August 26, 2026 — ensuring findings are fully integrated into the campaign plan before it is presented to the City. Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A Overview The original Phase 1 estimate was based on the information provided through the RFP. Having met with the Selection Committee, Northwest Philanthropic Partners now believes a more comprehensive Phase 1 engagement is warranted to help ensure the success of this campaign. In essence, the revised Phase 1 proposal is required to account for the following challenging factors: • The aggressive project timeline — to raise $2-3M before April of 2027 • The need for more in-depth collaboration with the Kitsap Regional Library • The need for immediate research and outreach for grants to support the project • The strong potential that the campaign may continue beyond one year into two years Taken together, these factors require a Phase 1 that is fundamentally more expansive than the original RFP contemplated — extending Phase 1 from 6 to 8 weeks with a minimum commitment of 16 billable hours per week per person. Northwest Philanthropic Partners' intention is to serve not purely as consultants to the campaign, but as a full -service fundraising agency building the campaign infrastructure from the ground up. The additional two weeks ensure that the campaign plan can be more fully developed, the cabinet foundation laid, the prospect pipeline begun, the library coordination established, and the grant research underway before Phase 2 solicitation begins. Recommended campaign goal — $5,700,000 Based on our assessment of the project scope and the full cost of executing a professional capital campaign from the ground up, Northwest Philanthropic Partners recommends the City set a fundraising goal of $5,700,000 rather than the $5,000,000 referenced in the Donor Program Design Development document. The revised goal accounts for both the facility funding target and the full cost of campaign management and consulting services over the anticipated two-year engagement period. The $5.7M goal ensures that donor gifts cover not only the facility construction costs but also the full cost of running a professional capital campaign. This goal will be confirmed or adjusted following the fundraising feasibility study and Phase 1 campaign plan development. Scope of work Brad Thomas — Phase 1 Lead • Recruiting and convening a campaign steering committee of community, business, and civic leaders — ideally chaired by Mayor Rob Putaansuu — through individual outreach, one-on-one cultivation meetings, and sustained engagement throughout all 8 weeks of Phase 1 • Beginning the cultivation of prospective major donors well before formal solicitation begins, establishing the personal relationships that will anchor the campaign's silent phase • Conducting prospect identification and wealth screening using tools such as iWave to build a prioritized pipeline of Port Orchard residents, business owners, and regional funders • Developing the gift acceptance and library campaign coordination strategy — including gifting pathways per Addendum Q8 and a donor overlap coordination plan with the Kitsap Regional Library Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A • Building upon the existing relationship with the Kitsap Community Foundation and other key regional philanthropic partners • Developing a comprehensive campaign plan, gift table, and campaign schedule informed by community intelligence, wealth screening data, and the 2027 construction timeline • Completing Phase 1 with a formal City Council presentation of all findings, the campaign plan, and the recommended Phase 2 scope and fee structure Nathan Hersey, CFRE — Phase 1 Co -Practitioner • Building the campaign's CRM infrastructure from the ground up — including platform selection, configuration, data import, and establishing data hygiene protocols before Phase 2 begins • Conducting comprehensive donor and grant prospect research — including mass prospect identification, wealth screening support, foundation and corporate funder research, and initial outreach to establish key funder relationships before Phase 2 grant writing begins • Developing a full communications and public relations strategy — including messaging architecture, brand voice, stewardship templates, communications calendar, and setup of all campaign platforms and tools • Developing donor acquisition strategies for mid -level and community -level giving — including test gift campaigns, donor acquisition devices, and a segmented outreach approach • Assisting with donor cultivation, and community relationship building alongside Brad throughout Phase 1 — including attending meetings with prospective cabinet members and major donors, and representing the campaign at community events • Authoring the Phase 1 report — a comprehensive document summarizing the campaign plan, gift table, prospect prioritization, grant research, communications strategy, and Phase 2 scope recommendation for City Council review Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A TABLE 4— PHASE 1 SCHEDULE (JULY 1 - AUGUST 26, 2026) YA! 1 Contract execution and Notice to Proceed June 2026 City / NWP Pre -launch 2 Campaign cabinet recruitment and cultivation July 1 — Aug 26 Brad Weeks 1-8 (ongoing) 3 CRM platform selection, configuration, and initial July 1-21 Nathan Weeks 1-3 data setup 4 Donor prospect identification and wealth July 1-28 Both Weeks 1-4 screening 5 Grant research and foundation networking July 1-28 Nathan Weeks 1-4 6 Library coordination and gift acceptance July 7-21 Brad Weeks 2-3 framework 7 Communications and PR strategy development July 7-28 Nathan Weeks 2-4 8 Major donor cultivation and community July 1 — Aug 26 Both Weeks 1-8 relationship building (ongoing) 9 Comprehensive campaign plan, gift table, and July 21 — Aug 18 Brad Weeks 4-7 schedule 10 Donor identification and prospect prioritization July 21 — Aug 11 Brad Weeks 4-6 memo 11 Professional written Phase 1 report Aug 4-19 Nathan Weeks 5-7 12 Report review and finalization Aug 19-22 Both Week 8 13 Formal City Council presentation Aug 26, 2026 Both Week 8 14 Phase 2 scope and revised fee proposal Aug 26, 2026 Brad Week 8 delivered All dates are subject to adjustment based on City Council scheduling and Phase 1 findings. Northwest Philanthropic Partners is committed to completing all Phase I deliverables within the 8 -week window. Phase I runs concurrently with the fundraising feasibility study, which is conducted under a separate contract and is not included in the Phase I deliverables or billing above. Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A Overview Northwest Philanthropic Partners proposes to conduct a formal fundraising feasibility study for the Port Orchard Community Events Center campaign as a separate engagement running concurrently with Phase 1 campaign planning. Both engagements begin July 1, 2026 and share the same calendar period, but are billed under separate contracts with no overlap in hours or deliverables. The feasibility study is a foundational prerequisite to a successful capital campaign — it provides the donor intelligence, community readiness assessment, and strategic guidance that the campaign plan must be built upon. A comprehensive fundraising feasibility study involves confidential one-on-one interviews with 20-30 prospective major donors, community leaders, foundation representatives, and civic influencers. Participants are asked about their awareness of and enthusiasm for the project, their sense of the community's readiness to give, their own potential giving capacity and interest, and their recommendations for campaign leadership and strategy. The findings are synthesized into a written report that informs the campaign goal, gift table, timeline, cabinet recruitment strategy, and overall approach. This study will include approximately 25 confidential stakeholder interviews conducted by Brad Thomas and Nathan Hersey, with the participation of Mayor Rob Putaansuu where appropriate. The study will run for 8 weeks beginning July 1, 2026, concluding with a written report delivered on August 21, 2026 — five days before the Phase 1 City Council presentation on August 26, 2026. This sequencing ensures that feasibility findings are fully integrated into the Phase 1 campaign plan before it is presented to the City. Why this study is needed The Donor Program Design Development document available on the City's Bids and Proposals page provides a valuable naming opportunity and gift tier framework. However, this document represents a donor recognition plan rather than a traditional fundraising feasibility study. A naming opportunity matrix tells you what donors could give — a feasibility study tells you whether they will, and at what level. The distinction is critical for setting a realistic campaign goal and building a solicitation strategy grounded in actual donor intelligence rather than aspiration. Without a completed feasibility study, this campaign faces four specific risks: • The $5.7M goal may be set too high or too low relative to actual donor capacity in the Port Orchard community • Cabinet recruitment will be conducted without knowing who the feasibility study identified as likely leaders and early supporters • The gift table will be built on assumptions rather than verified donor intelligence • The campaign may go public before the team knows whether the community is ready — risking a visible stall that damages donor confidence Conducting the study before finalizing the campaign plan eliminates each of these risks and significantly increases the likelihood of reaching the campaign goal on schedule. Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A Environmental assessment The feasibility study will include a dedicated environmental assessment as a core component of the written report. An environmental assessment evaluates the external conditions surrounding the campaign — factors beyond individual donor capacity that will shape how the campaign is received, when it should publicly launch, and what strategic adjustments are needed before solicitation begins. For the Port Orchard Community Events Center campaign, the following five environmental factors will be assessed: 1. Economic climate Port Orchard's economic profile presents both opportunity and constraint. With an average household income of $112,445 but only 4.2% of households earning $200,000 or above, the major gift pool is narrower than in more affluent communities. The environmental assessment will evaluate current economic confidence among likely donors, the regional impact of housing market conditions and cost -of -living pressures on philanthropic giving capacity, and whether current macroeconomic conditions support or complicate large multi -year gift commitments. The assessment will also examine the concentration of wealth in the Port Orchard area relative to the rest of Kitsap County and identify whether the campaign's primary donor pool lies within city limits or requires a county- wide and regional reach strategy. 2. Philanthropic landscape The assessment will map the active giving landscape in Kitsap County and the broader South Puget Sound region, including the concurrent Kitsap Regional Library campaign, United Way of Kitsap County's annual fundraising priorities, any active healthcare or education capital campaigns, and the philanthropic capacity of key regional foundations such as the Kitsap Community Foundation. Understanding who is asking for gifts, at what level, and on what timeline is essential for sequencing the POCEC campaign and avoiding donor fatigue. The assessment will identify potential coordination opportunities with the library campaign as well as any areas where the two campaigns may be competing for the same lead donors — and will recommend a sequencing strategy accordingly. 3. Community sentiment Interview findings will be synthesized to assess the genuine level of community enthusiasm, skepticism, or indifference toward the Port Orchard Community Events Center project. This includes identifying any civic concerns about the project's design, location, or governance, competing community priorities that may reduce donor urgency, and any political dynamics at the City Council or mayoral level that could affect the campaign's public reception. Community sentiment is often the most important variable in a cold -start campaign — a community that is enthusiastic and engaged can overcome many infrastructure gaps, while a community that is skeptical or distracted will be difficult to mobilize even with strong donor capacity. 4. Organizational readiness The assessment will evaluate the City's institutional capacity to support a private fundraising campaign — including staff bandwidth, governance structures, gift acceptance policies, and the City's track record with private fundraising. It will also assess the readiness of potential campaign cabinet members and civic leaders to step into active volunteer fundraising roles, and identify any organizational gaps — such as the absence of a 501 (c)(3) charitable partner — that could create friction in the gift acceptance process. This analysis will directly inform the campaign infrastructure recommendations in Phase 1 and the volunteer leadership strategy. 5. Timing and external factors With construction anticipated to begin in 2027, the campaign is operating on a compressed timeline that creates both urgency and risk. The environmental assessment will analyze whether the current window is optimal for a public campaign launch, what pre -construction milestones — such as architectural renderings, a confirmed construction contract, or a City Council resolution — donors will want to see before making large multi -year commitments. It will also identify any upcoming civic events, local elections, regional economic shifts, or seasonal Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A factors that could create opportunities or headwinds for campaign momentum. The assessment will conclude with a recommended public launch window based on all environmental factors combined. Scope of work Brad Thomas — Feasibility Study Lead • Developing the confidential interview guide, including questions tailored to the Port Orchard community, the POCEC project, and the specific donor segments being interviewed • Leading all 25 confidential stakeholder interviews as primary interviewer — drawing on his 35+ years of campaign experience and community relationships to elicit candid, substantive feedback from each participant • Analyzing interview findings, identifying patterns and themes, and synthesizing the data into actionable campaign recommendations including the environmental assessment • Reviewing and approving the written feasibility study report before delivery to the City and the Phase 1 campaign planning team Nathan Hersey, CFRE — Feasibility Study Co -Practitioner • Supporting study design and identifying the 25 target interview candidates across major donor, community leader, foundation, corporate, and civic categories • Managing all interview scheduling, confirmation, and logistics — ensuring 25 interviews are conducted within the 8 -week interview window • Serving as note -taker and documentation lead during all 25 interviews, capturing verbatim responses and key themes for analysis • Supporting findings analysis and synthesis alongside Brad Thomas, with particular focus on the environmental assessment components • Authoring the written fundraising feasibility study report — including the environmental assessment, donor readiness assessment, campaign goal recommendation, gift table implications, cabinet recruitment recommendations, and strategic guidance for Phase 1 and Phase 2 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT A TABLE 8— FEASIBILITY STUDY SCHEDULE (JULY 1 - AUGUST 21, 2026) �. 1 Study design and interview guide July 1-7, 2026 Brad Week 1 development 2 Prospect identification — 25 stakeholder July 1-7, 2026 Nathan Week 1 candidates 3 Interview scheduling and confirmation July 1-14, 2026 Nathan Weeks 1-2 outreach 4 Conducting 25 confidential stakeholder July 7 — Aug 14, Both Weeks 2-6 interviews 2026 5 Interview analysis and findings synthesis July 28 — Aug 14, Brad Weeks 4-7 2026 6 Written feasibility study report authoring Aug 4-18, 2026 Nathan Weeks 5-8 7 Report review, finalization, and approval Aug 18-21, 2026 Both Week 8 8 Feasibility findings delivered to City and Aug 21, 2026 Both Week 8 NWP Phase 1 team All dates are subject to adjustment based on stakeholder availability and scheduling logistics. Northwest Philanthropic Partners is committed to delivering the written feasibility study report by August 21, 2026 — five days before the Phase I City Council presentation on August 26, 2026. Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT B CAMPAIGN PLANNING The total compensation under this Agreement shall not exceed seventy thousand dollars ($70,000.00). The Consultant shall submit detailed monthly invoices that clearly correspond to the tasks and services listed in Exhibit B. Each invoice shall itemize the hours worked, the personnel performing the work, and any reimbursable expenses, in a format acceptable to the City. The City shall remit payment within thirty (30) days of receipt of a proper invoice, in accordance with the City's standard Net 30 payment terms TABLE 1 — PHASE 1 TASK BREAKDOWN (8 WEEKS, MINIMUM 16 BILLABLE HRS/WEEK EACH) Campaign cabinet recruitment and initial Brad 36 10 46 $6,852 stakeholder outreach Donor prospect identification and wealth Both 20 14 34 $4,668 screening Grant research and foundation networking Nathan 4 16 20 $2,280 CRM selection, setup, and donor data Nathan 5 20 25 $2,850 organization Library campaign coordination and gift Brad 13 10 23 $3,126 acceptance framework Communications and PR planning, stewardship Nathan 5 18 23 $2,646 materials setup Campaign plan, gift table, and campaign schedule Brad 30 12 42 $6,084 Professional written Phase 1 report Nathan 6 16 22 $2,604 City Council presentation preparation and delivery Both 8 10 18 $2,316 Phase 2 scope and revised fee proposal Brad 3 4 7 $894 Consulting subtotal I I 130 hrs I 130 hrs 260 hrs $34,320 Both practitioners commit a minimum of 16 billable hours per week each over the 8 -week Phase I period (130 hrs each, 260 hrs combined). The fixed fee structure provides the City with cost certainty regardless of actual hours worked. Phase I hours and fees are entirely separate from the feasibility study engagement, which runs concurrently under a separate contract beginning July 1, 2026. Note: $5,500 in initial campaign expenses will be incurred either from the Feasibility Study, Phase 2, or as a business expense of Northwest Philanthropic Partners and are not billed to the City under this agreement. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 15 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT B CAMPAIGN PLANNING TABLE 2— PHASE 1 RATE DISCLOSURE Brad Thomas $162/hr 130 hrs $21,060 Principal Nathan Hersey, CFRE $102/hr 130 hrs $13,260 Subcontractor 260 hrs Consulting not -to -exceed I I $34,320 I combined Fixed fee *Nathan Hersey engaged as independent subcontractor. Fees paid by Northwest Philanthropic Partners from Phase I fixed fee. Phase I fixed fee of $35,000 includes $34,320 in consulting fees and $680 in administrative overhead. Hourly rates are consistent with Phase 2 engagement rates. No feasibility study hours or fees are included in Phase I billing. TABLE 3— CAMPAIGN EXPENSES Initial campaign expenses (research tools, CRM setup, $5,500 outreach, materials) These initial campaign expenses will be incurred either from the Feasibility Study, Phase 2, or as a business expense of Northwest Philanthropic Partners. They are not billed to the City under the Phase I agreement. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 16 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D EXHIBIT B FEASIBILITY STUDY TABLE 4- FEASIBILITY STUDY TASK BREAKDOWN (8 WEEKS, 100 BILLABLE HRS EACH) Study design and interview guide development Brad 12 5 17 $2,454 Prospect identification and interview scheduling Nathan 5 15 20 $2,340 Conducting 25 confidential stakeholder interviews Both 45 30 75 $10,350 Interview analysis and findings synthesis Brad 20 25 45 $5,790 Written fundraising feasibility study report Nathan 10 20 30 $3,660 Findings presentation preparation and delivery Both 8 5 13 $1,806 Brad Thomas and Nathan Hersey each commit 100 billable hours to the feasibility study over the 8 -week engagement period. Total consulting fees are $26,400. Direct study expenses of $8,600 bring the fixed fee to $35, 000. Feasibility study hours and fees are entirely separate from Phase I campaign planning billing. Both engagements run concurrently July 1— August 21, 2026. uirect expenses TABLE 5— FEASIBILITY STUDY RATE DISCLOSURE Brad Thomas $162/hr 100 hrs $16,200 Principal Nathan Hersey, CFRE $102/hr 100 hrs $10,200 Subcontractor Consulting not -to -exceed I I 200 hrs I $26,400 I Fixed fee combined *Nathan Hersey engaged as independent subcontractor. Fees paid by Northwest Philanthropic Partners from the feasibility study fixed fee. Hourly rates are consistent with Phase I and Phase 2 engagement rates. TABLE 6— FEASIBILITY STUDY DIRECT EXPENSE BREAKDOWN Travel for stakeholder interviews — mileage and meals $2,500 Interview documentation and transcription tools (Plaud or $1,500 Otter) Prospect research and screening tools (iWave, DonorSearch, $1,500 White Pages) Feasibility study report and outreach materials $1,500 Communication and scheduling tools $600 Contingency $1,000 Direct expenses cover all costs required to conduct the feasibility study beyond consulting hours. These are not consulting fees. Actual expenses will be tracked and records made available to the City upon request. City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 17 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D During the performance of this Agreement, the Consultant, 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: • 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 C.F.R. Part 21. • 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); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • 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 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • 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); • 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.P.R. parts 37 and 38; • 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); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures 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; City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 18 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D 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); 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). City of Port Orchard and Northwest Philanthropic Partners Fundraising Consultant Contract Updated 4/2022 IBDR Page 19 of 19 Docusign Envelope ID: 21247D3C-EB13-85D1-82C1-4C2FD331CB4D CONTRACT PACKET (signed) Final Audit Report - Fundraising Consultant Created: 2026-07-01 By: Nathan Hersey (nate@nwphilanthropic.com) Status: Signed Transaction ID: CBJCHBCAABAA62mzjkAW0WgRTzaYhG_NU52hJkgJcAft 2026-07-01 "CONTRACT PACKET - Fundraising Consultant (signed)" Histor Y Document created by Nathan Hersey (nate@nwphilanthropic.com) 2026-07-01 - 4:25:49 PM GMT Document emailed to Brad Thomas (bradjaythomas@gmail.com) for signature 2026-07-01 - 4:26:33 PM GMT E Email viewed by Brad Thomas (bradjaythomas@gmail.com) 2026-07-01 - 4:40:09 PM GMT c- Document e -signed by Brad Thomas (bradjaythomas@gmail.com) Signature Date: 2026-07-01 - 4:41:33 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Q Agreement completed. 2026-07-01 - 4:41:33 PM GMT a Adobe Acrobat Sign