HomeMy WebLinkAbout20-063 - Julie Regnier - Consulting Services: Public Works Climate Review���Axx �r Contract Number: �� ����������� _
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82OO8outhnenterBoulevard, Tukwila VVA98188
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tuhvv|e. VVaahington, hereinafter referred to
as "the City", and Julie Raonim[ hereinafter nsharnsd to as "the Consultont", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. Proiect Desiqmatkon' The Consultant is retained bvthe City toperform services inconnection with
the project titled Public Works Climate Review.
2. Scope of Services. The Consultant agrees boperform the services, identified onExhibit "A attached
hereto, including the provision ofall labor, materials, equipment and supplies.
3. Duration mYAqremmmmnt;Time for Performance. This Agreement shall beinfull force and effect for
a period commencing upon execution and ending December 31. 2020. um|eaa sooner terminated
under the provisions hereinafter specified. Work under this Agreement shall commence upon written
notice bythe City bothe Consultant toproceed. The Consultant shall perform all services and provide
all work product required pursuant to this Agreement no later than December 31. 2020 unless an
extension ofsuch time iegranted inwriting bythe City.
4. Pavmmemt. The Consultant shall be paid by the City for completed work and for services rendered
under this Agreement eafollows:
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
$39,000 without express written modification of the Agreement signed by the City.
B. 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 ofany balance due the Consultant ofthe total contract price earned will bemade
promptly upon its ascertainment and verification by the City after the completion of the work
under this Agreement and its acceptance bythe City.
D. Payment as provided in this section ohm|| be full compensation for work podbrrned, services
vendenad, and for all rnaterio|s, aupp|iea, equipment and incidentals necessary to complete the
work.
E. The Consultant's records and accounts pertaining bothis Agreement are to be kept available for
inspection by nmpneoanbaUvea of the City and the state of Washington for a period of three (3)
years after final payments. Copies shall bemade available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other materials
produced by the Consultant in connection with the services nondnnad under this Agreement shall be
the property of the City whether the project for which they are made is executed o, not. The
Consultant ahm|| be permitted to retain oop(es, including reproducible copiea, of drawings and
specifications for infonnmtion, naharenoa and use in connection with the Consultant's endeavors. The
Consultant shall not be responsible for any use of the said documento, dnavvingm, opeoihooUonu or
other materials by the City on any project other than the project specified in this Agreement.
8. Compliance with Lmxxm' The Consultant ohm||, in performing the services contemplated by this
Aoreement, faithfully observe and comply with all fedena|, state, and local |owm, ordinances and
n*gu|oUons, opp|ioub|m to the een/imsa rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the CMx, its officers, officia|m,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits
including attorney hoos, arising out of or neou|UnQ from the mcts, errors or omissions of the Consultant
in performance of this Agreemont, except for injuries and damages caused by the smVm negligence of
the City.
Should m court of competent jurisdiction determine that this Agreement is subject to RCVV4.24.115.
them, in the event of liability for damages arising out of bod'ily injury to persons or damages, to property
caused' by or resulting from the concurrent negligence of the Consultant and the City, its nMioens,
officials, emp|oyeeo, and volunteers, the Consultant's Nmbi||b/ hereunder mhoD be only to the extent of
the Consultant's negligence. |timfurther specifically and expressly understood that the indemnification
provided heroin constitutes the Consultant's waiver of immunity under Industrial |mamnsnoa. 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.
& ynmummmcm. 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 Cmnsu|tant, its agents, representatives, or
employees. Consultant's maintenance of insurance as required by the agreement ohoU not be
construed to limit the liability of the Consultant to the coverage provided by such insurance, or
otherwise limit the City'arecourse tnany remedy available etlaw orinequity.
A. Minimum Amounts and Scope ofInsurance. Consultant shall obtain insurance nf the types and
with the limits described below:
1. Automobile Liability insurance with m minimum combined single limit for bodily injury and
property damage of$1,OOO.DOD per accident. Automobile Liability insurance shall cover
all owned, non-onvmed, hired and leased vehicles. Coverage whmU be written on Insurance
Services Office (ISO) form CA DD 01 or a substitute form providing equivalent liability
coverage. If mecemsory, the policy shall be endorsed to provide contractual liability
coverage.
2. Commercial General Liability: Waived.
3. Professional Liability: Waived.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance |innbo than the minimums shown above, the Public Entity shall he insured for the full
available |inniUo of Commercial 8enenot and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than those
required by this Contract or whether any certificate of insurance furnished to the Public Entity
evidences |innks of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General
Liability insurance policies are to contain orbeendorsed to contain that they mhm|| be primary
insurance with respect to 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 be contributed
or combined with it.
D, Acceptability of Insurers. |nmununom is to be placed with insurers with o current A.M. Best rating:
of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and ocopy of
the amendatory emdoroemenbs, including but not neceomehk/ limited to the additional insured
endmroemert, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request bythe City, the Consultant shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice ofany policy
cancellation, within two business days oftheir receipt ofsuch notice.
Rwgnier Consultant Services Agreement
G. Failure *PMaintain Insurance. Failure onthe part oVthe Consultant tomaintain the insurance ao
required shall constitute o material breach of contract, upon which the City may, after giving five
business days' notice to the Consultant to correct the bnaocb, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all poarn|uma in connection
therewith, with any sums mnexpended toberepaid to the City ondemand, orotthe sole discretion
of the City, offset against funds due the Consultant from the City.
S. Independent Contractor. The Consultant and the City agree that the Consultant is an independent
uumtmaoior with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to cnaaha the relationship ofemployer 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 oan/icea 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, or any employee of the Consultant.
101. Covenant AnainstComdnqentFeas- The Consultant warrants that hehas not employed orretained
any company or person, other than a bonaficle employee working solely for the Consultant, to solicit or
secure this contract, and that he has not paid oragreed h»pay any company orperson, other than a
bPnaficle employee working solely for the Cmnsuktmnt. any #ee, oomnnimm|mn^ percwnbage, brokerage
fee, g|ftm, or any other consideration contingent upon or resulting from the award or making of this
contract. For breach or violation of this warrant, the City ahoU have the right to annul this contract
without [iabi|ity, or in its discretion to deduct from the contract price or 000midenaUon, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, g�ft, or contingent fee.
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
/\Qnoemont, will not discriminate on the grounds of race, ra|igion, cmeed, color, national origin, mgo,
veteran status, oex, sexual' orientation, gender identity, marital status, political affiliation, the presence
of any Uiam#Uity, or any other protected class status under state or federal |mvv, in the selection and
retention nfemployees orprocurement ofmaterials orsupplies.
12. Asmiannmemt. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent ofthe City.
13, Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for
inthis Agreement shall not constitute mwaiver ofany other provision.
14. Termination.
A. The City reserves the right toterminate this Agreement at any time byg�ivingten (1O)days written
notice tothe Consultant.
B. In the event of the death of member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant hereby
agree to complete the work under the terms ofthis Agreement, ifrequested tod000bythe City.
This section shall not be a bar to renegotiations of this Agreement between surviving members of
the Consultant and the City, ifthe City mochooses.
15. Apm||sahUe Law, Venue, Atmrmmy'm Fees. This Agreement sbm|| be subject to, and the Consultant
shall at all times comply vvith, all applicable federal, state and local laws, regu|at|nnw, and ru|es,
including the provisions of the City of Tukwila PNun|oipm| Code and ordinances of the City of Tukwila.
In the event any euit, arb|tmat|on, or other proceeding is instituted to enforce any term of this
Agreement, the parties opecificaNy understand and mQnem 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. Venue for any action arising from or related to this Agreement shall be exclusively in
King County Superior Court.
18' Sewerabi|ity and Survival. If any harnn, 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 oho|V remain fully enforceable. The provisions ofthis Agreement, which
by their sense and context are reasonably intended to survive the oomp|ehon, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
Regnier Consultant ServioesAgeemmnt
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Cleric
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Julie Regnier
4545 Somerset Drive SE
Bellevue, WA. 98006
18, 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
CITY OF TUKWILA
((eut ez g
Key: a4359a1b5,722,42clellf674,152ae0
day of July, 2020.
AUan Ekberg, Mayor
Attest/Authenticated:
ehzte;d-t-g 04262heztey
K.Y --------,
City Clerk, Christy O'Flaherty
CONSULTANT
Approved as to Form:
C Q,Sa-free;K
Office of the City Attorney
Exhibit A
Public Works Climate Review
City of Tukwila
Julie Regnier, Independent Human Resources and Management Consultant, proposes the following
as part of the Climate Review:
• Review background information (e.g., organization chart, job descriptions, etc.) as
provided by the City.
• Draft questions for 1:1 interviews with individuals as determined by the City. Finalize
questions after input/edits from the City.
• Develop script to consistently use with each interviewee to introduce consultant and
describe process.
• Conduct 1/2 hour interviews with most employees/individuals or an hour interview with key
individuals as deemed prudent by the City. The City will provide a list of
employees/individuals to be interviewed and schedule interview times. If additional time,
beyond the scheduled meeting, is requested by the interviewee or the City another
meeting will be scheduled.
• Provide to the City a written report of information gathered from the interviews. Report
will focus on themes that emerged, hot spots identified, and any short- and long-term
recommendations coming out of the climate review. (Note: The report will not attribute
specific comments to an individual in order to provide a measure of confidentiality and a
safe environment for individuals to air concerns or provide advice to City leadership.)
• Consultant will be available for an oral report or verbal discussion if requested by the
City.
Consultant will bill $150/hr. for time spent on the Climate Review. Partial hours spent on review will
be billed to the nearest quarter hour. No expenses will be billed to the City without prior written
approval by the City. No expenses are anticipated.
Regnier Consultant Services Agreement
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