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HomeMy WebLinkAbout21-083 - Community Connection Consulting - City Council RetreatCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-083 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Community Connection Consulting hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform diversity & inclusion training services in connection with the City Council Retreat. 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 June 30, 2021, 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 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. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $5400 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 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 performed, services rendered, and for all materials, supplies, 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 documents, drawings, 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 copies, including reproducible copies, 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 documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing 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. 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, automobile 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 automobile 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. 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. CA revised May 2020 Page 2 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 by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. 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: Greg Taylor, Principal Community Connection Consulting 720 N. 10th St. #A262 Renton, WA 98057 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. CA revised May 2020 Page 3 DATED this 25th day of May, 2021. CITY OF TUKWILA CONSULTANT ed VM ,e=Mle..DOCS.COM C7iffeztt 6,66,e/cg Allan Ekberg, Mayor 06/03/2021 By: Printed Name: Greg Taylor Title: Principal, Community Connection Consulting Attest/Authenticated: Approved as to Form: Ch aty 696/1ez<zQltry City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 4 EXHIBIT A COMMUNITY CONNECTION CONSULTING Proposal For: City of Tukwila, Washington — Councilmember Retreat Greg Taylor, Principal Community Connection Consulting Greg@CConnectConsult.Com Biographical Information Greg Taylor is founder and Principal of Community Connection Consulting. He is known locally, regionally, and nationally as a passionate, energetic, and effective civic leader, community enrichment strategist and social justice advocate that imagines monumental success, then pursues it. He has more than 35 years' experience as a skilled servant leader with extensive experience in community outreach, organizing, facilitating, and successfully collaborating with and engaging mainstream and ethnically diverse groups in courageous dialogue that seeks solutions to complex social challenges. Greg has researched and participated in numerous study circles, and trainings over 35 years, that have assisted him in developing acute awareness, knowledge and skills in working effectively to address the issues related to equity and social justice from multicultural perspectives. In 2012, he was recognized and awarded the "Human Services & Equity Award" from South King Council of Human Services (SKCHS). Greg has also served two 4 -year terms as City Councilmember for the City of Renton. As a Councilmember he has served as Chair for the Public Safety and Community Service Committees, and Vice Chair for Finance and Transportation Committees. Regionally, Greg served as the Sound Cities Association's (SCA) Chair for The Committee to End Homelessness (CEH) Governing Board, Representative for The King County Domestic Violence Initiative (DVI), and Representative for The Emergency Management Advisory Committee (EMAC)/Region 6 Homeland Security Council (R6HSC)/Citizen Corps Council (CCC). He also served as member of Associated Washington Cities, (AWC) Healthy & Safe Communities Legislative Subcommittee member. Nationally he is known as one of the Founding Members of "Local Progress" (The National Policy Network) NYC, NY. Community Connection Consulting, 720 N. 10th St. #A262 Renton, WA 98057 - Phone 206-595-1365 WWW.CConnectConsult.Com Greg@CConnectConsult.Com The city of Tukwila Washington has grown significantly over the last decade and remains one of the most ethnically diverse cities in King county. Tukwila is a minority majority city, with the two largest groups being Asian, and Black/African American, it has become increasingly incumbent that elected officials understand as well as respond to the needs of their diverse population. It is therefore necessary for elected officials, to develop and cultivate a keen, deep awareness and understanding of systemic and institutional racism, and how their policy decisions impact the residents that they serve. These governance decisions are made on a broad spectrum, from planning, budgeting, scheduling, forecasting, health outcomes, economic opportunity/stability, an environment that promotes public safety and quality of life for all of Tukwila's residents. It is important that councilmembers recognize how their decisions impact the community, and how important it is to listen to community voices and be informed in their policy-making decisions by their community members. This facilitated discussion will focus on conversations that will increase knowledge and awareness for council members. As a former elected official, in a city with similar issues and demographics, I am aware of some of the pressing needs that elected officials are faced with today. During the Council Retreat, there will be frank and open discussions about recognizing how systemic institutionalized racism, joined with implicit and explicit biases, adversely impact policymaking. Council members will discuss how to transition into Community Centered policymaking that promotes a vibrant prosperous community, through effective communication and policy planning and implementation. Building connections with all community members/leaders that reflect various demographics, creates an inclusive effort that sends the right message to all community members, it says they have a role to play in the growth and development of their community. Greg will, "contact each Councilmember over the next couple of weeks to have one-on-one conversations before the retreat to understand where each individual is at/their level of understanding regarding implicit bias, institutionalized racism, what training they've had around that and their feelings about that translates to policy making. In that context, what does the future look like to them as policymakers in Tukwila and other spheres of influence they have in governance?" Topics f discussio / bfect°i esu (Tentative to conversations with Councilmembers) • Recognizing institutionalized racism & how it impacts policymaking • Taking the biases out of policymaking decisions. • Transitioning into Community Centered Policymaking Community Connection Consulting, 720 N. 10th St. #A262 Renton, WA 98057 - Phone 206-595-1365 WWW.CConnectConsult.Com Greg CConnectConsult.Com One 3 -4 -hour facilitated session during the City Council Retreat, 7- Councilmembers. (Other staff/administrators can be included as well) Date & Time June 12thTime - TBD Cost -Retreat Session 3 -4 -hour session = $3000.00 Councilmember Interviews 7 -hours @ $200.00 Per = $1400.00 (1 -hour per Councilmember / prep & interview) Research, Prep & Customization Total Cost - $5400.00 Please feel free to caII with any questions, Thank you, Greg Taylor 206-595-1365 Community Connection Consulting, 7ZUN.1UmSt. #AZ6Z Renton, WA 98057 Phone 206-595-1365