HomeMy WebLinkAbout21-093 - Karen Reed Consulting, LLC - Facilitation Services: Fire Advisory Task Force
21-093(c)
Council Approval N/A
3rd November
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-093(b)
Council Approval 5/2/22
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and Karen Reed Consulting, LLC
That portion of Contract No. 21-093 between the City of Tukwila and Karen Reed Consulting, LLC is
hereby amended as follows:
Section 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.
Section 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 at the rate of $215 per hour,
billed in quarter-hour increments, provided that the total amount of payment to the
Consultant shall not exceed $115,000.00 without express written amendment of the
Agreement signed by the City.
All other provisions of Contract No. 21-093 shall remain in full force and effect.
Dated this __ 6th __ day of May , 2022.
CITY OF TUKWILA CONTRACTOR
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CT Allan Ekberg, Mayor
05/06/2022
Karen Reed, Manager
ATTEST/AUTHENTICATED APPROVED AS TO FORM
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Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
Karen Reed Consulting LLC Amendment #2 Page 1 of 1
Exhibit A
Scope of Work
The Consultant will facilitate the City's internal team (Team) created to identify and analyze options for the
future of the City Fire Department and provision of fire services in the City. The Team will meet approximately
weekly through December 2022 and will include designated representatives from city administration, council
staff, fire department administration and union leadership. Deliverables will include:
• Conduct short introductory virtual meetings with individual Team members
• Interview each Councilmember virtually and develop a summary document outlining themes for
guidance of the Team's work.
• Creation of Team committee charter (mission, scope of inquiry, reporting)
• Creation of a proposed work plan for the Team
• Prepare committee agendas & email summaries after each meeting of action items and follow-on task
assignments.
• Meeting facilitation
• Developing Team reports and recommendations to the City Council, with support and input of the
Team and the financial consultant engaged by the City.
• Presentation to City Council or other Council committees as needed
The first phase of work will be to establish the Committee charter and reach agreement on a work plan to
prepare background and other important materials for a Council Fire Advisory Task Force which is expected to
begin in Fall of 2021.
The second phase of work will be to identify and analyze options for the future of the City Fire Department, to
include but not necessarily limited to: remaining part of the City; transferring service responsibility by contract
and/or annexation to a regional fire authority or partnering with another agency to create a regional fire
authority.
The third phase of work will be to present the findings and recommendations of the Team to the Mayor and City
Council, including recommendations for next steps, including how best to form and support a successful
Council Fire Advisory Task Force.
Once agreed upon by City Council, the Council Fire Advisory Task Force or a similar community engagement
effort, consultant will provide advice on the scoping and phasing of that effort and facilitate that community
task force or engagement effort, anticipated to include ten task force meetings, with a final task force report
submitted by the end of 2022; the Consultant will draft the task force report, with assistance from City staff, at
the direction of the task force.
Consultant will provide advice to the City in support of Council deliberation on the Task Force
recommendations.
Consultant is an attorney but will not provide the City legal advice. The City will provide legal assistance to the
Team as needed.
Consultant will bill at the rate of $215/hr., in quarter hour increments. Any travel time to meetings exceeding 1
hour per round trip is billed at the regular hourly rate.
City is responsible for copying of meeting materials as may be needed and for calendaring of all meetings and
interviews, and for providing all scheduling and other logistical support to the community task force. The City
will separately contract for financial analyst assistance to support the Team.
Consultant may be unavailable at times due to commitments to other clients.
Karen Reed Consulting LLC Amendment #2 Page 2 of 2
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-093(a)
Council Approval 11/1/21
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Karen Reed Consulting, LLC
That portion of Contract No. 21-093 between the City of Tukwila and Karen Reed Consulting, LLC is
hereby amended as follows:
Section 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.
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 December 31, 2022, 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 December 31, 2022 unless an
extension of such time is granted in writing by the City.
Section 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 at the rate of $215 per hour,
billed in quarter-hour increments, provided that the total amount of payment to the
Consultant shall not exceed $75,000.00 without express written amendment of the
Agreement signed by the City.
All other provisions of Contract No. 21-093 shall remain in full force and effect.
Dated this __10th __ day of November , 2021.
CITY OF TUKWILA CONTRACTOR
CT Allan Ekberg, Mayor
11/10/2021
Karen Reed, Manager
ATTEST/AUTHENTICATED APPROVED AS TO FORM
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Christy O'Flaherty, MMC, City Clerk Office of the City Attorney
Karen Reed Consulting LLC Amendment #1 Page 1 of 1
Exhibit A
Scope of Work
The Consultant will facilitate the City's internal team (Team) created to identify and analyze options for the
future of the City Fire Department and provision of fire services in the City. The Team will meet approximately
weekly from June through the Spring 2022 and will include designated representatives from city
administration, council staff, fire department administration and union leadership. Deliverables will include:
• Conduct short introductory virtual meetings with individual Team members
• Interview each Councilmember virtually, and develop a summary document outlining themes for
guidance of the Team's work.
• Creation of Team committee charter (mission, scope of inquiry, reporting)
• Creation of a proposed work plan for the Team
• Prepare committee agendas & email summaries after each meeting of action items and follow-on task
assignments.
• Meeting facilitation
• Developing Team reports and recommendations to the City Council, with support and input of the
Team and the financial consultant engaged by the City.
• Presentation to City Council or other Council committees as needed
The first phase of work will be to establish the Committee charter and reach agreement on a work plan to
prepare background and other important materials for a Council Fire Advisory Task Force which is expected to
begin in Fall of 2021.
The second phase of work will be to identify and analyze options for the future of the City Fire Department, to
include but not necessarily limited to: remaining part of the City; transferring service responsibility by contract
and/or annexation to a regional fire authority or partnering with another agency to create a regional fire
authority.
The third phase of work will be to present the findings and recommendations of the Team to the Mayor and City
Council, including recommendations for next steps, including how best to form and support a successful
Council Fire Advisory Task Force.
Once agreed upon by City Council, the Council Fire Advisory Task Force or a similar community engagement
effort, consultant will provide advice on the scoping and phasing of that effort and facilitate that community
task force or engagement effort, anticipated to include nine task force meetings, with a final task force report
submitted by the end of April 2022; the Consultant will draft the task force report, with assistance from City
staff, at the direction of the task force.
Consultant is an attorney but will not provide the City legal advice. The City will provide legal assistance to the
Team as needed.
Consultant will bill at the rate of $215/hr., in quarter hour increments. Any travel time to meetings exceeding 1
hour per round trip is billed at the regular hourly rate.
City is responsible for copying of meeting materials as may be needed and for calendaring of all meetings and
interviews, and for providing all scheduling and other logistical support to the community task force. The City
will separately contract for financial analyst assistance to support the Team.
Consultant may be unavailable at times due to commitments to other clients.
Karen Reed Consulting LLC Amendment #1 Page 2 of 2
Cityof
Tukwila
82OOSouthcenterBoulevard, Tukwila VVA081O8
Contract Number: 21-003
Council Approval N/A
PROFESSIONAL 5ERVICES 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 Karen Reed Consulting, LLC hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified
I. Project Designation. The Consultant is retained by the City to perform Facilitation Services in
connection with the prject titled Fire Advisory Task Force.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" tached
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 December 31, 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 December 31, 2021
unless an extension af 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 asfollows:
A. Payment for the work provided by the Consultant shall be made at the rate of $215 per hour,
billed in quarter hour increments, provided that the total amount of payment to the Consultant
shall not exceed $35,000.00 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 prjectcomp|eLedtodate.5uchvVvchersvxiU
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.
0. 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 rccords and accountspertaining 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 afterfinal payments. Copies shall be made avaiiable upon request.
S. Ownership and Use of Documents. Alt documents, drawings, specifications and other materiais
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 cnpies, of drawings and
specifications for information, reference and use in connection with the Consultant's endeavors.
The Consu(tant shall not be responsibleforany use of the said documents, drawngs, spedflcations
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
regulaflons, applicable to the services rendered under this Agreement.
T. indemnification. The Consu[tant 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 Consuttant's negLigence. It is further specificaLly and expressty uriderstood 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
terrnination of this Agreement.
8. lnsurance. The Consultant shall procure and maintain forthe duration ofthe Agreement, insurance
against ctaims 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 beow:
l. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage ut$1'000.0O0per accident. Automobile Liability insurance shall
cover alL owned, non -owned, hired and leased vehicles. Coverage shali be writteri on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shafl be endorsed to provide contractua[ liability
coverage.
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability insurance
shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, stop -gap independent contractors and personal
injury and advertising ijury.TbeOLyshaQhcnamedasanaddldonakinsm/edunde,
the Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City using an additional insured endorsement at least as broad
as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
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 ofCommercial General and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than
Karen Reed Consulting LLC Page 2
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. OtIier 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, sekf-insmrance` or insurance pool coverage
maintained by the City shall be excess of the Consultant's insurance and shall not be contributed
or combned with it.
D. Acceptability mfInsurers. Insurance is to be ptaced with insurers with a current A.M. Best ratng
of not less than A:VII.
E. Verification of Coverage. Consuftant shail furnish the City with originat certiflcates and a copy
n[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 Agreemerit and evidence of aLt
subcontractors' coverage.
F. Notice of Cancellation. The Consuttant shati provide the City with written notice of any poUcy
canceLlation, within two business days of their receipt of such riotice.
G. Failure to Maintain Insurance. Fature 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 A ainst Contin ent Fees. The Consultant warrants that he has not emptoyed or retained
any cornpany 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, witi 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 writteri consent of the City.
Karen Reed Consulting LLC
Page
v`—
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 givingtem (l0) days
written notice to the Consuttant.
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, thesumivingmembrrsoftheComsuUanthereby
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 50 chooses.
15. &plicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant
shall at alt 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 Ifanyterm, condition or provision ofthisAgreement is dedared 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 shail be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, KVA98l88
Notices to Corisuftant shati be sent to the fottowing address:
Karen Reed, Manager
Karen Reed Consulting LLC
495I5VVForney Street
Seattle WA 98116
Karen Reed Consuffing [IC Page 4 lc*
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 17th day of June, 2021
CITY OFTUKVV|LA CONSULTANT
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CT Allan Ekberg, Mayor
06/17/2021
Karen Reed, Manager
Attest/Authenticated: Approved as to Fo rm:
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City Clerk, Christy O'Flaherty Office of the City Attorney
Karen Reed Consulting LLC Page 5 'al_
Exhibit A
Scope of Work
The Consultant will facilitate the City's internal team (Team) created to identify and analyze options for the
future of the City Fire Department and provision of fire services in the City. The Team will meet
approximately weekly from June through the fall 2021 and will include designated representatives from
city administration, council staff, fire department administration and union leadership. Deliverables will
include:
• Conduct short introductory virtual meetings with individual Team members
• Interview each Councilmember virtually, and develop a summary document outlining themes for
guidance of the Team's work.
• Creation of Team committee charter (mission, scope of inquiry, reporting)
• Creation of a proposed work pan for the Team
• Prepare committee agendas & email summaries after each meeting of action items and follow on
task assignments.
9 Meeting facilitation
• Developing Team reports and recommendations to the City Council, with support and input of the
Team and the financial consu(tant engaged by the City.
Presentation to City Councii or other Couricd committees as needed
The first phase of work will be to establish the Committee charter and reach agreement on a work plan to
prepare background and other important materials for a Council Fire Advisory Task Force which is
expected tobegin inFall of20Zl.
The second phase of work will be to identify and analyze options for the future of the City Fire Department,
toinclude but not necessarily limited to: remaining partofthcCity; transferring service responsibility by
contract and/or annexation to a regional fire authority or partnering with another agency to create a
regional fire authority.
The third phase of work will be to present the findings and recommendations of the Team to the Mayor
and City Council, including recommendations for next steps, including how bestto forrn and support a
successful Council Fire Advisory Task Force.
Once agreed upon by City Council, the Council Fire Advisory Task Force or a similar community
engagement effort, consultant will provide advice on the scoping and phasing of that effort and may,
subject to an amendment in this scope agreed upon by both the City and Consultant, facilitate that
cornmunity task force orengagement effort.
Consultant is an attorney but will not provide the City egal advice. The City yvill provide legal assistance to
the Team as needed.
Consultant wilL bili at the rate of $215/hr,, in quarter hour increnients. Any travetime to meetings
exceeding 1 hour per round trip is bitLed at the regular hourly rate.
City is responsible for copying of meeting materials as may be needed and for calendaring of all meetings
and interviews. The City will separately contract for financial analyst assistance to support the Team.
Consultant is unavailable August 28 - Sept. 11 and may be unavailable at other times as well due to
commitments to other clients.
Karen Reed Consulting LLC Page 6