HomeMy WebLinkAbout21-144 - Benita Horn - Consultant Services: Parks & Recreation DEI InitiativeCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-144(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Benita Horn
That portion of Contract No. 21-144 between the City of Tukwila and Benita Horn is
hereby amended as follows:
Section 1: Scope and Schedule of Services to be Performed. The Consultant agrees to
amend the contract services in accordance with the scope of work included as Exhibit "A",
attached hereto.
Section 2: Duration of Agreement; Time for Performance.
The time for completion of the project is extended from May 31, 2022, to December 31,
2022.
All other provisions of the contract shall remain in full force and effect.
Dated this 26th
day of May , 20 22
CITY OF TUKWILA CONSULTANT
cy aCCa10ag
Key: IDSfac2a.Ple,f1Dbfc0,,011,,,17.2a
Tracy Gallaway, Parks & Recreation Director
CA Reviewed May 2020
Benita Horn
Page 1 of 2
EXHIBIT A
General Terms and Scope of Services
Scope of Services — Redefined scope of services (within the original contract amount).
ITEM
HOURS
RATE
TOTAL
Equity Implementation Team Support:
• Support the development of an
Equity Implementation Team charter-
including purpose statement,
decision-making processes,
membership criteria and terms, etc.
• Support the development of an
"Equity North -Star Guiding
Document" for Tukwila Parks and
Recreation. This document will share
the need and rationale for
equity efforts; strategic
considerations for success (including
aligning with City-wide efforts,
centering those most impacted in
decision-making, intersectionality,
institutional focus by transforming
policy and practice, etc.); and listing
equity outcomes. This will serve as a
navigational document for your work -
and the front page of the Equity Work
Plan.
• Support the development of the
overarching frame of the Equity Work
Plan- backward mapping from the
outcomes to the priorities and tasks
needed for success.
12 hours
Including
meetings,
document
review,
etc.
$275/hour
$3,506.75
Total
$3,506.75
City of
Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-144
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, VVashington, hereinafter
referred to as the City", and Benita Horn, hereinafter referred to as "the Conou|tant'', in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Diversity, Equity, &
Inclusition Consultant services in connection with the project titled Pa[ks& Recreation DEI
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit A"
attached hereto, including the provision of all |abnr, nnotaha|a, eqWipmment, and supplies.
8
Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending May 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 May 31, 2022, 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 as provided on Exhibit
"B" attached herato, provided that the total amount of payment to the Consultant shall
not exceed $15,225 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 Consuitant 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.
O. Payment as provided in this section shall be full compensation for work performed,
services nendered, and for ali rnater|aUe, eupp|ime, 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, dravvngs, specifications, and other
materials produced by the Consultant in correction with the services rendered under this
Agreement shall be the joint property of the City and the Consultant whether the project for
which they are made is executed or not. The Consultant shall be permitted to retain oopiee,
including reproducible cop|es, of drawings and specifications for inf0nno0om, reference and
use in connection with the Consultant's endeavors. The Consultant shaU not be responsible
for any use of the said documents, drawings, speuifioetiono. or other materials by the City on
any prject other than the prject specified in this Agreement.
W. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agneemment, faithfully observe and comply with all fedoro|, state, and local laws,
ordinances and regu!ations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
nfWcio[n, 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 AgreemneD1, 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 peraona or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officeno, offida|o, empUoyees, and volunteers, the Consultant's liability
hereunder shall be only to the exterit 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 RCVV, 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 Aoreemen1,
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 Coneultent, its egento,
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 |nauronce, or otherwise limit the City's recourse to any remedy available at
iaw or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shali obtain insurance of the
types and with the Iimits 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 ovvned, non -owned, hired and }eased 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
shaV be endorsed (0 provide contractual Iiability 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 Ieast as broad as ISO occurrence form CG 00 01 and shall
cover Ilability arising from premises, operations, stop -gap independent contractors
and personal ijury and advertising ijory. The City shafl be named as an
additional, insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at Ieast as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
CA revised May 2020
Page 2
BL Public Entity Full Availability of Contractor Limits. If the Contractor rnantains higher
insurance Iimits 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 evidence 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 [naurenuw, se|Amsunanoo, 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 Insurers. Insurance is to be paced with insurers with a current A.M.
Best rating of not less than A: V1|.
E. Verification af Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additiona 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 pa||c|ee, 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 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 diaoretion, 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 demmand, 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 ppogrom, otherwise assuming the duties of an employer with respect to
the Consultant, or any empoyee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not empioyed or
retained any company or pmneun, other than a bonafide employee working solely for the
ConouDan1, to solicit or secure this contrmmt, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Conaultent, any
fee, oommisoion, peroentage, 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 |iobi|ity, 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. Cnntractur, with regard to the work performed by it under this
/\gnaemnmnt, will not discriminate on the grounds of race, religion, creed, oo|or, national origin,
age, veteran statun, sex, sexual oriem1odon, gender ident|tv, marital stmtus, political affiliation,
CA revised May 2020
Page 3
the presence of any disebditx, or any other protected class status under state or federal |ovv,
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. Temminat/on.
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 n1ember, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the prjeoi.thmnun/ivinQnlenlbersufthaConuuDant
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 vvith, all applicable #ade[a|, state and local |mvvs,
regu|otiuns, and ru|en, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, mrbitnotion, 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 attorneys fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exdusively in King County Superior Court.
16. Severability and Survival. If any ternm, 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 Agreernent, 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 foUowing address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Benita Horn
18643 109'h Ave SE
Renton, WA 90055
18. Entire Agreement; Modification. This Aureennen1, together with, attachments or mddemda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior megoOadons, 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 r vised May 2020 Page 4
DATED this 29th day of September
CITY OF TUKWILA
CONSULTANT
, 20 21
rO'roYera Oeeez (14; t ;
Tracy Gallaway, Parks & Recreation Director Benita Horn, Racial Equity Consultant
CA revised May 2020
Page 5
Exhibit A
Scope of Work: Phase 1 (June 2021- May 2022)
Benita Horn, Racial Equity Consultant
The scope of work and budget will the fulfill the following objectives.
1. We see our work as building capacity for the work to continue at the end of this
contract. For this reason, we will work collaboratively with Tukwila Parks and
Recreation Depart DEI leads in designing the approach, deliverables, outcomes, and
future steps in this process.
2. Support the creation of a "north star" document that includes the rationale for why
racial equity efforts are necessary and the long-term racial equity outcomes for the
Department (in alignment with the City of Tukwila and racial equity best practices).
3. Design and lead a series of foundational DEI trainings and discussions to strengthen
relationships among your team as we create alignment around a common frame and
language concerning racial equity and strategies and tactics to achieve equity for all.
4. Support the establishment of a department Racial Equity Team, including the
development of a charter, roles, members, and the beginnings of the development of
a racial equity workplan.
CA revised May 2020
Page 6
Exhibit B
The Scope of the seFViceb;diVidediOtQt@8kGvvithideOtifiedacbVitieG.delivenabbes and
payments and an estimated budget breakdown for all services listed herein.
The rate for preparation and presence is $275/hour. For leading tramnings and workshops
the rate is $650/hour.
Phase 1
Tasks
Hours
Cost
Meet with DEI Ieads to strategize engagement
2 hours/
consultant
$550/
consultant
Preparation time: Overarching scope ofwork
and agenda creation for initial gatherings
Up to 3
hours/
consultant
$825/
consultant
I Engagement
Present at Kick off meetings/Presentation of
TukwiJa Equty Policy (two meetings n August
2OJ1'l.Shours each)
3 hours/
consultant
$1650/
Consultant
Conduct 2"Leading with aRacial Equity Lens
forStroctu,a|Transfornoation°vxorkshopsand
team building retreat for Department
(September-OctnberZO21-2half days -in
person/ workshop)-
12 hours/
consultant
57800/
consultant
StroteQy Meetings with DEI leadership or
Ieadership development coaching with staff
members- ongoing
Up to 8
hours/
consultant
$2200/
consultant
Support the establishment of a departrnent
Racial Equity Team' indud|ngthe development
of a charter, roles, members, development of a
"north star" document and the beginnings of a
racial equity workplan (October thru May)
Upto81
hours/
consultant
$2200/
consultant
Total Estimated Compensation
$15,225
Consulting Terms:
Consultants can bill monthly. Invoice indicates time billed, task description and amount
CA revised May 2020
Page 7