HomeMy WebLinkAbout20-069 - Emily Moon - Consulting Services: Coaching and MentoringCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 20-069(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amend ent #1
Between the City of Tukwila and Emily Moon
That portion of Contract No. 20-069 between the City of Tukwila and Emily Moon is hereby amended as follows:
Section 3: Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect
for a period commencing upon execution and ending June 30, 2021, unless sooner terminated under the
provisions hereinafter specified, Work under this Agreement shah commence upon written notice by the City
to the Consultant to proceed. The Consultant shall perform all services and provide all work product required
pursuant to this Agreement no later than June 30, 2021 unless an extension of such time is granted in writing
by the City.
All other provisions of the contract shall remain in fu li force and effect.
Dated this day of
CITY OF TUKWI A
C(l.cut ,e5e/g
CT Allan Ekberg, Mayor
ATTEST/AUTHENT1CATED
c134.€4t-9 6,677(cth&t.t-9
12/16/2020
2020.
CONTRACTOR
C..
Eptfc Moan'
APPROVED AS TO FORM
a.5)awee
Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
1/1
Moon Consulitant Services Amendment 1 Page 1 of 1
City
of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 20-069
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tuhwi|a. VVashingbon, hereinafter referred to
as "the City", and Emily K800n, hereinafter referred to as "the Coneultmnt", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. Pmmleut Designation. The Consultant is retained by the City to perform services in connection with
the Public Works Department.
2. Scope of Services. The Consultant agrees to perform the aen/iman, identified on Exhibit "A" attached
heneb/, including the provision of all |abor, mota/ieia, 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 December 31, 2020. unless sooner terminated
under the provisions hereinafter specified. Work under this Agreement shall commence upon written
notice by the City to the Consultant to proceed. The Consultant shafl perform all services and provide
all work product required pursuant to this Agreement no later than December 31, 2020 unless an
extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services rendered
under this Agreement as foliows:
A. Payment for the work provided by the Consultant shall be made at the rate of $100 per hour,
provided that the total amount of payment to the Consultant shall not exceed $39,000 without
express written modification of the Agreement signed by the City. Partial hours 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.
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 ho date. Such vouchers will be
checked by the City and, upon approval thereof, payment shall be made to the Consultant in the
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 perfornned, services
rendenad, and for all nnate/ioia, oupp|ien, equipment and incidentals necessary to complete the
work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of the City and the state of Washington for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All doounnents, dravvinge, specifications and other materials
produced by the Consultant in connection with the services rendered under this Agreement shall be
the property of the City whether the project for which they are made is executed or not. The
Consultant shall be permitted to retain oopiee, including reproducible oopieo, of drawings and
specifications for information, reference and use in connection with the Consultant's endeavors. The
Consultant shall not be responsible for any use of the said douunnenba, drawings, specifications or
other materials by the City on any project other than tha project specified in this Agreement.
O. Compliance with Laws. The Consultant oho||, in performing the services contemplated by this
Aoreement, faithfully observe and comply with all hadena|, state, and local |ovva, ordinances and
regulations, applicable to the services rendered under this Agreement.
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7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses 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 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 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.
8. 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. 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.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and
with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. Automobile Liability insurance shall cover
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.
2. Commercial General Liability: waived.
3. Professional Liability: waived.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the full
available limits of Commercial General 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 limits 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, or be endorsed to contain that they shall 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. Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A:VII.
E. Verification of Coverage. 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 Contractor before commencement of
the work. Upon request by the City, the Consultant shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
Moon Consultant Services
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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.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 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, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained
any company or person, other than a bonafide 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
bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage
fee, gifts, 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 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, or contingent fee.
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence
of any disability, or any other protected class status under state or federal law, in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for
in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written
notice to the Consultant.
B. In the event of the death of a 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 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.
15. Applicable Law; Venue; Attorney's 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 Code and ordinances of the City of Tukwila.
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. Venue for any action arising from or related to this Agreement shall be exclusively in
King County Superior Court.
16. Severability and Survival. 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
Moon Consultant Services
Page 3
17. Notices. Notices to the City of Tukwila shall be sent to the foliowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwi|a, WA 98188
Notices to Consultant shall be sent to the foliowing address:
Emily Moon
2186 NE Morgan Lane
Issaquah, WA 98029
18. Entire Aqreement; 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 �) day of August, 2020.
CITY OF TUKWILA
AIIan Ekberg, Mayor
CONSULTANT
By:
Attest/Authenticated: Approved as to Form:
oSi~odvia =~osaDoc~~
City C|ork, Christy O'Flaherty
Moon Consultant Services
���via �ialessiDucv.com
Office of the City Attorney
Page 4
Exhibit A
Scope of Work for Emily Moon, Consultant
The consultant will provide mentoring and coaching for the newly appointed Interim Director of
the City of Tukwila's Public Works Department.
Goals of this work include:
• Understanding the Interim Director's (hereafter, "ID") strengths and potential
development areas and leadership aptitude
• Helping the ID develop immediate and mid-term goals and related action plans
• Assessing and strengthening the ID's interpersonal competencies, including
strengthening relationships and rapport with staff, the Mayor's Office and City
Councilmembers through effective communication and meaningful interactions; building
a mentorship and support network within the department director group
• Assisting the ID with managing workload through finding ways to delegate and empower
others, identifying services or projects that other departments may perform or help with,
and enhancing efficiencies in processes.
• Improving work products such as the Transportation and Infrastructure Committee
agendas and materials, capital projects' budget development and monitoring
• Supporting the submittal of well -thought out and well-prepared budget proposals that
meet desired parameters and demonstrate the department is a team player
• Successfully implementing directives from the Mayor's Office (including One Stop
Permitting, Public Safety Plan Fleet and Facilities Building re -start and the Culture
Study)
• Facilitating communication and alignment between the Mayor's Office, the ID and the
Public Works Department
Work activities and methodologies are anticipated to include:
• Commenting on, editing and drafting content for distribution internally and externally
• Providing feedback and input/content for communication with the Mayor's Office and the
department, including the Director's Status Template and all -staff messages
• Attending meetings such as the ID's weekly status meetings with the Mayor's Office, PW
staff and the TIC
• Interviewing partners and stakeholders to gather needed background information or
input
• Developing strategies and implementation tools
• Providing frequent counsel via one-on-one meetings with the ID (anticipated to occur at
least three times per week)
• Weekly progress calls with the City Administrator