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HomeMy WebLinkAbout09-160 - Bonnell Consulting - Flood Preparation Services Contract No. 09-1 60 CONTRACT FOR SERVICES Reference Res #1689 This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Ginger Bonnell of Bonnell Consulting, hereinafter referred to as "the Contractor whose principal office is located at 1913 168` Ave SE. Bellevue. WA 98008. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor 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 Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $31.200 at a rate of $60 per hour. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing October 7, 2009 and ending March 31st, 2010 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. 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 Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. C \DOCUME- 1 \TUKWIL -1 \LOCALS- 1 \Temp\XPGrpWise \Contract for Services no insurance.doc 10/5/2009 2 ai /,vet. Page 1 of2 A. The Contractor 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 in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. 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 law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of s it. DATED this 0 741 day of C 20 C CITY OF.TUK By: c; 1 ii Title: im gerton, ATTEST/ THENTIC TED: By C: \DOC 10/1/2 t )26r L Chrisfy O'Flaiferty, CMC, City C1K-k APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR: Bonnell Consulting By: P 5 6 -3 e. 1 Title: Emergency Manager Printed Name: Ginaer Bonnell Address: 1913 168 Ave SE Bellevue, WA 98008 Date approved by City Council: (Applicable if contract amount is over $40,000) LS-1 \Temp\XPGrpWise \Contract for Services no insurance.doc Page 2 of 2 Exhibit A Scope of Work Project Name: Tukwila Flood Prep 2009 -2010 Submitted By: Bonnell Consulting Date: September 28, 2009 Proposal Ginger Bonnell of Bonnell Consulting (the Contractor) will contract with the City to provide the services of an additional emergency manager to assist Hillman Mitchell, Emergency Management Coordinator, and the Public Works Department with outreach to the public regarding the potential flooding. Additionally, the Contractor will assist with planning, mitigation, response, and recovery activities as the need arises throughout the duration of this contract. Justification The City of Tukwila (the City) is facing the possibility of increased winter flooding due to problems at Howard Hanson Dam. The public must be notified and prepared for possible flood events. The City is currently unable to meet all the needs of the public in this area. The City is also in need of additional personnel knowledgeable in the field of emergency management. Scope of Work The Contractor shall: Assist with outreach to the residential and business communities in the City of Tukwila Draft documents for distribution to the public as needed for education and outreach Provide a knowledgeable contact point for both the public and city employees Participate in planning activities with city staff Participate in response and recovery activities as the need arises Create and deliver presentations to educate and /or update the public and /or city employees Assist with the creation and delivery of a Train The Trainer program for the City's business community Participate in activities necessary for the preservation of life and property during flooding events, including the performance of physical labor Draft/edit documents and plans for internal use by the City Project Scope Exhibit B Payment Project Name: Tukwila Flood Prep 2009 -2010 Submitted By: Bonnell Consulting Date: September 28, 2009 Duration and Cost Contract Duration: 6 months Contract Term: October 1, 2009 March 31, 2010 Cost: $60.00 per hour, not to exceed $62,400.00 for the term of the contract Assumptions /Limitations The Contractor will work up to 40 hours per week as scheduled with Hillman Mitchell. The scope, but not the cost, of this contract may be expanded if mutually agreed upon by the Contractor and Hillman Mitchell, especially with regards to activities associated with imminent flood events. Confidential Page 2 9/30/2009