HomeMy WebLinkAbout21-124 - Catherine Champion - Grant Writing Services: National Endowment for Arts Grant Opportunity (American Rescue Plan)City of Tukwila Contract Number: 21-124
• 6200 Southcenter Boulevard, Tukwila WA 98188 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 Catherine Champion, 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 grant writing
services in connection with the project titled National Endowment for the Arts Grant
Opportunity (American Rescue Plan).
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 August 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 August 23, 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
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $3,000 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 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. 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.
9. 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.
10. 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.
11. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
CA revised May 2020 Page 2
12. 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.
13. 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.
14. 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.
15. 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.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
Parks & Recreation Director
Tukwila Parks & Recreation Department
1242442 nd Ave. S.
Tukwila, WA 98168
Notices to Consultant shall be sent to the following address:
Catherine Champion
2144 th Ave N
Algona, WA 98001
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
13th August 21
DATED this day of '20
CITY OF TUKWILA CONSULTANT
Tracy Gallaway, Interim Parks & Recreation Director
��aCYz�irrya�� �/zciv�nioya
Ba
Catherine Champion, Grant Writer
CA revised May 2020 Page 4
Exhibit A
General Terms and Scope of Services
Scope of Services -- Coordinate information gathering and manage grant development, writing, and
submission for National Endowment for the Arts American Rescue Plan grant application.
To include:
1. Create spreadsheet for required information capture — id numbers, logins, financials, programming
example data, proposal details, audience demographics, and required organization and project data.
2. Gather and draft information for history, mission and org background/overview. Includes a
description of how COVID has impacted the org. (Reading, interviewing, drafting, review, finalize text
within character limits.)
3. Obtain and review budget information to complete form and create text for financial health
segment. (Interviewing, drafting, review, finalize text within character limits.)
4. Develop information for programming history segment. Includes three examples, one for each of
three different years, that illustrate artistic excellence, merit, and eligibility. Must include: Date/Year
• Title/Work/Event/Program • Venue and City/State, if applicable • Key Artists/Personnel, if
applicable • # of Classes, Performances, Exhibitions, Residencies, etc., if applicable • # of Participants
or Audience, if applicable. (Collaboration, draft, review, rewrite, review, finalize text within character
limits.)
5. Identify scope of and create proposal for the ask. (Collaboration, draft, review, rewrite, review,
finalize text within character limits.)
6. Organize other details: proposal time -span, audience demographics, description and covid impact,
etc. (Information coordination and input.)
7. Proposal budget description of how funds will be used must show/explain why asking for the $50,
$100 or $150K option. (Collaboration and finalization.)
8. Analyzing the NEA ARP Grant instructions and coordinating which data goes where within the forms.
Assembling data into the appropriate tabs on the submission form.
9. Guiding meetings, interviews, and collaboration sessions to ensure information coordination.
10. Final review and submission to be handled by the City.
Exhibit 6
Consulting Terms, Deliverables & Payment
Consultant shall be paid at an hourly rate $75/hour.
Grant materials must be provided to the City of Tukwila no later than 4:OOpm on August 23, 2021.
Consultant will track hours based on scope of work and provide an invoice for payment. Total
compensation is not to exceed $3,000 without the express modification of the agreement signed by the
City.
CA revised May 2020 Page 5