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Home My WebLink About19-161 - Anita Garcia Morales - On-site Equity Training19-161 Council Approval N/A City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Anita Garcia Morales, hereinafter referred to as "the Contractor," whose principal office is located at 4'W 510 i aie f m- T. 1 ,ceet,ifie j I, JA e 1' i I 1/-6 . 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. Scope and Schedule of Services to be Performed bv 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 $1,750.00 at a rate of $500 per/hr. 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 Aareement. This Agreement shall be in full force and effect for a period commencing October 24 , 2019, and ending November 8, 2019,, 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. CA Revised December 2016 Page 1 of 4 6. JIndemnificatilon. The Contractor shall defend indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. Should a court ofcompetent jurisdiction determine that this �~eu�e�to��4��115 then' in the event of|iebU�vfor donmu arising out of bodily Agreementinjury to —persons or ' ' 'property caused by or resulting from the concurrent negligence of the Contractor and the Public 7. Insurance. The Contractor shall procure and maintain for the duration ofthe 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 Contractor their agents, represen tives, employees or subcontractors. ta Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in A. Minimum Scope of Insurance. Contractor shall obtain insurance rfthe types and with the limits described below: 1. Automobile Liability insurance with a rninknunn combined single limit for bodily injury andpropadv damage of$1.UOU.00O per accident. Automobile liability insurance shall cover all ovvned, non-ovvned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (|8[}) form CA 00 01 or o substitute form providing equivalent }iobi|U� coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. -' 2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, nen ce '$2.000.00Ogenen»|oQgn*gahaand$2.00O.O0Opnoduots-oonp|--dorgraUonemggno0ate|init. Commercial General Liability insurance shall be as leastst broad aaISO occurrence form C8 OD 01 and shall cover liability arising from 'renn— operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury,and|iebi|ib/aaounedundmreninmupedcontoaot. The Commercial Ganana|Liab||Ux|nourance shall be endorsed to provide a per project g$nena| aggregate limit using ISO formCG 25U3O5D8oranequivalent endorsement. There shall banoexclusion for liability arising from explosion, collapse orunderground property damage. The City shallbe named aeanadditional insured under the Contractor's Commercial General Liability insurance policyvith respect to the work performed for the City Ua|nO ISO Additional Insured endorsement CG2O1O1DU1 and Additional Insured -Completed Operations -'----'ant CG20371OO1 ormubetitutemndonaanentmpnovdin0at|mgesbroac coverage. st 5. Workers' Compensation coverage oorequired bxthe |ndusthlaws State of Washington.' C&Revised December 2Olh Page 2 of 4 B. Other Insurance Provision. The Cont`racto'r's Automobi le Liabil' and Commercial Gen eral Liability insurance policies are to contain' or be endorsed to contain that they shall be primaryneryinaunanoe with respect to the City. Any insurance, self-insurance, mrinsurance pool coverage by the City shall beexcess mfthe Contractor's insurance and shall not contribute C. Acceptability Insurers. Insurance is to be placed with insurers with gcurrent �M. Best rating ornot less than /\:\4|. D. Verification of Coverage. Contractor shall furnish the City w�h original certificates and m copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements Cft'''~ Contractorcommencement the work.Upon request by the C/ty, the Contractorohmfurnish certified copies of all required insurance policies, including endorsements, required i— this ~Aupeenment and evidence of all subcontractors' E. Subcontractors. The Contractor shall have sole regponoibi|hv for determining the insurance coverage and limits required if any, to be obtained b b --' — be made accordance ` reasonable prudent business euemonLr�u��ra. which determination shall--- '~ umn ssprmcrmeo. F. Notice of Cancellation. The Contractor shall provide the Qb/�ndaUAdd0ona|Insureds for this work with written notice of any Policy cancellation, within ^ business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance an �U ad h�constitute a material breach of contract, upon which the City may' after giving business days notice to the Contractor to correct the breach, immediately terminate theoontroct or, at its discretion, procure or renew such insurance and pay any and all premiums inconnection thmna«th, with any aun$ so expended to be repaid to the City denand, or at thesm|e discretion ofthe City, offset against funds due the Contractor from the City. 8. ]Record Kemoimg and Remwrt|mq' A. The Contractor shall maintain euumuntm and records, including -personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any expended and aen/ioaa performed in the performance of this'*'~onent and other suchreompdmasmoybedeemedneceaoarybythe City to ensurethe performance ofthis Agreement. B. These records shall bomaintained for m period ofoevmn(7>yeereafterterminaUonhareofun|eao permission to destroy them is granted y the office of`the archivist in accordance with RCVV Chapter 4O.14and bythe City. B. Audits and UnseeoKionm- The naconjm and documents with respect to all matters covered by this Agreement shall be subject at all times to inopec±ion, review or audit by law during the performance ofthis Agreement. 10.TermWnmt|orl. This Agreement may at any time be terminated by 1Ag <�dv giving to the Contractor thirty(3O\ days written noti�� the (�i�'� intention to terminate ^ the ' ~ , ,�y nanm m same. Failure to provide products on schedule may result in contract termination. '- --''~ ~~ insurance e canceled for any reaoon Ul��itvnhaUhoveUh right '� --Contractor's'' / . ~ �� ng�¢�1oml/�� this Agreement immediately. - 11.Piscrimmimadion Prohibited. The Consultant, with regard Uothe work performed b-�vitund er this AAreament.w|/ not discriminate on the grounds ofrace, re|igion, creed, color, national origin, mQ e 'weteron o1atuo, new, sexual orientation, gender identity, marital status, political affiliation, the presenceany disability, orany other protected class atatUaWnder stateprfederal law,inthe selection and retention nfemployees orprocurement ofmaterials orsupplies. CA Revised December 20l6 Page 3 of 4 12. 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. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survivat. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notice. 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. 16. Applicable Law: Venue: Attornev' 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 suit. DATED this 5 day of CC-61:1-e-r-' , 20 . CITY OF TUKWILA CA Revised December 2016 CONTRACTOR By: Printed Name and Title: Atif° 63°'rje itcY-`;)/67-5s Address: if ILO /ck e-/? - ate, u..L4 I gi 1-16 Page 4 of 4 EXHIBITS A & B Service Agreemet RACING TO EQUITY The following agreement outlines the agreed upon scope of services between City of Tukwila, Department of Community Planning and Anita Garcia Morales, Racing to Equity Consulting Group. Services Service delivery will begin 9:00 AM, October 30, 2019 and continue through 12:00 PM, October 30, 2019. Services delivered will not exceed $1750.00 over the course of the agreed upon service delivery timeline. Scope of Services Provide a three-hour professional development session to learn and practice culturally responsive tools to employ in day-to-day business with colleagues and the community they serve. In addition, communication (phone, email, in person) before and after the event is included. invoicing Caiendair Consulting, training and coaching, including all associated preparation and planning is billed by deliverable. Deliverables are factored at a consulting rate of $500.00 per hour with an additional $250.00 per hour for preparation for every three hours of facilitation. Please let me know if there are specific steps or protocols to be aware of when sending invoices to your organization, beyond submitting form W9. e aetm�: is s 111111111111 11111111111111 Cancellation more than 4 weeks prior to the event No facilitator fee penalty. Any incurred expenses will be invoiced at cost with receipt provided Cancellation 1-3 weeks prior to the event 75% of facilitator fee + incurred expenses Cancellation 48 hours prior to the event 100% of facilitator fee + incurred expenses 1