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HomeMy WebLinkAbout20-051 - Michael Bailey - City Council Budget Meeting Facilitation��� ��x�� ��v�� vo"xvw"xuu Contract Number 20-051 Council Approval N/A CONSULTANT AGREEMENT FOR PERFORMANCE MANAGEMENT SERVICES THUS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the [i+v", and Michael Bailey hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. l. Proiect Designation. The Consultant is retained by the City to perform g performance management training and exercise. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A. attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending July 31, 2020, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice bythe City tothe Consultant toproceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement nolater than July 31, 2020 unless an extension of such time is granted in writing by the City. 4. Pavnmemt. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement osfollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount ofpayment to the Consultant shall not exceed $3,000 at a rate of $150 per hour without express written modification of the Agreement signed bythe City. D. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made tothe Consultant inthe amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining tothis Agreement are to be kept available for inspection byrepresentatives ofthe City and the state ofWashington for a period of three (3) years after final payments. Copies shall be made available upon Page 1 5. Compliance with Laws The Consultant shall, inperforming the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 6. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, dannoges,|osses or suits including attorney 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 hythe sole negligence ofthe City. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages tuproperty caused byorresulting from the concurrent negligence mfthe Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall beonly tothe extent ofthe Consultant's negligence. |tisfurther specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV, 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. 7.Umsmrance, The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries tm 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. 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 Ciiy's recourse to any remedy available at law mrin equity. 0. Independent CooKractmr, The Consultant and the City agree that the Consultant is an independent contractor with respect tothe services provided pursuant tothis Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, mrany employee ofthe Consultant. 9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bmnaMde employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonaficle employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon orresulting from the award ormaking oFthis contract. For breach mrviolation ofthis warrant , the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, orcontingent fee. 10. Discrimination Prohibited. The Consultant, with regard tothe work performed by it under this Agreement, will not discriminate on the grounds ofrace, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement mfmaterials orsupplies. ll. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 12. Non -Waiver. Waiver 6«the City ofany provision ofthis Agreementmrany time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 13. Termination. A. The City reserves the right to terminate this Agreement at anytime by giving ten (10) days written notice tothe Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned tothe project, thesunvivingrnennbersoftheConsultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 14. Applicable Law; Venue; AttornmV"a Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal [ode and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted toenforce anyterm of this Agreement, the parties specifically understand and agree that venue shall beproperly laid inKing County, Washington. The prevailing party inany such action shall be entitled to its attorne«'s fees and costs of suit. Venue for any action arising from orrelated tothis Agreement shall be exclusively inKing County Superior Court. 15. SeverabiUitv and Survival. If any term, condition or provision of this Agreement is declared void orunenforceable mrlimited 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Michael Bailey PO Box 715 Woodinville, WA 98072 17. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant 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. DATED this 2"Illit day of CITY OF TUKWILA Allan Ekberg, Mayor 6/2/A, Consultant By:4C0 Michael Bailey , 2020. Page 4 Attachment A: Scope of Work Work with the City and City Council in anticipation of the preparation of the City's 2021-2022 budget. This work will include a 2-4 hour meeting conducted virtually via Microsoft Teams to be held before the end of the month. Pne|iminarygoa|y/out|ine include: � Review extremely high level budget for 2O21'2U23 • Gain common understanding ofreduced budget due toCOV|D-l9 ° Review programs that were identified during the 2019-2022 Priority Based Budgeting * Ideally arrive at Council consensus on difficult decisions on what to fund and what not to fund Such other, similar work osrequested by the City inwriting and consistent with the terms ofthis agreement.