HomeMy WebLinkAbout21-145 - Scott Winn - Consultant Services: Parks & Recreation DEI InitiativeCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 21-145(a)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and Scott Winn
That portion of Contract No. 21-145 between the City of Tukwila and Scott Winn 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 , 2022
CITY OF TUKWILA CONSULTANT
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Tracy Gallaway, Parks & Recreation Director Scott Winn, Consultant
CA Reviewed May 2020
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.
8.5 hours
Including
meetings,
document
review, etc.
$275/hour
$2,337.50
Total
$2,337.50
� of
City Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 21-145
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(/ncludes consultants, architects, engineers, accountants, and other professional services
THIS AGREEMENT is entered into between the City of Tukvvi|a. V\ashiogton, hereinafter
referred to as "the City", and Scott Winn, hereinafter referred to as the ConSo|tont", in consideration
of the rnutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform Dimara|1y. Equity, &
|nc|usition Consultant services in connection with the project titled Porhm & Recreation DEI
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, inciuding the provision of all labor,materials, equand supplies.
3. Duration of Aqreement; Time for Perforrnance. This Agreement shall be in fufl 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 f�l'Iows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
^B" attached hareto, 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 thmreof, 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.
O. Payment as provided in this section shall be full compensation for work performed,
services rmndered, and for all materials, aupp|iem, equipmemt, 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, ooeoificoUoOs, 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 cop|es,
including reproducible copies, of drawings and specifications for information, reference and
use in connection with the ConsuItants endeavors. The Consultant shall not be responsible
for any use of the said docurneOts, drawings, opecificaUoos, or other materials by the City on
any project other than the project specified in this Agreement.
O. Compliance with Laws. The Consultant shail, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local /avvm,
ordinances and regulations, appicabie to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its uf5uers,
offioio|s, employees and volunteers harmless from any and all c/aimma, 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 Agnaenlent, 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 RCVV
4.24.116, then, in the event of liability for damages arising out of bodily injury to peraons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its oMicers, offioia|s, emp|oyeeo, 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 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 Agreement,
insurance against claims for ijuries 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
Iaw 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 owmed, non-nvvned, 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
shaN be endorsed to provide cortractual Iiabirty 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 Iiability arising from premises,openoWona.atup'gmp|ndependentcontrantnre
and personal iju and advertising ijury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy ith respect respect to the work perlormed 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 lndustrial Insurance laws of
CA revised May 2020
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B. Public Entity Full Availability untnaotmr 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 Contnaotor, 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 |nsu[Gnce, aa|f-imouronoe, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shail 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 Iess than A: \4L
E. Verification of Coverage. Consuitant shall furnish the City with original certificates and
a copy of the amendatory endoraemnanto, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements ofthe 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.
F. Notice of Cancellation. The Consultant shall provide the Ciwith 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 bnemch,
imrnediately 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 dennand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
S. 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 entitjed 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 empioyee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not ernployed or
retained any company or person, other than a bonafide employee working solely for the
ConaNtan1, to solicit or secure this oontnact, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the ConGu|tant, any
fee, conlmm}os|Vn, 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 Iiability, or in its discretion
to deduct from the contract price or oons|derotion, or otherwise recover, the full amount of
such fee, nonnmioo1on, 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, re|igion, oraed, coUor, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
CA revised May 2020
Page 3
the presence of any disability, or any other protected class status under state or federal Iaw,
in the selection and retention of employees or procurement of materials or supp]ies.
12. Assignment. The Consultant shall not subiet 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 dmme by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a rnember, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the pject, the surviving members of the Consultant
hereby agree to comp!ete the work urider the terms ofthis 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 Consutant 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 vvi1h, all applicable federal, state and local |nvvo,
nagu|ationo, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitrobon, or other proceeding is
instituted to enforce any term of this Agreemneo1, the parties specifically understand and
agree that venue shall be properly }aid in King Coumty, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of sult. 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 Aoreement, 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 Tukwia shall be sent to the foliowing address:
City Clerk
City of TukwiIa
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consuitant shall be sent to the foliowing address:
Scott Winn
4443 South Brandon Street
Seattle, WA 98118
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, representetiona. 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
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DATED this 29Uh day of
September
CITY OF TUKWILA CONSULTANT
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Tracy Gallaway, Parks & Recreation Director Scott Winn, Racial Equity Consultant
CA revised May 2020
Page 5
Exhibit A
Scope of Work: Phase 1 (June 2021- May 2022)
Scott Winn, 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
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Exhibit B
The Scope of the service is divided into tasks with identftied activties, deiiverabes and
payments and an estimated budget breakdown for all services listed herein.
The rate for preparation and presence is $275/hour. For leading trainings 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 tirne: Overarching scope of work
and agenda creation for nitial gatherings
1 Up to 3
hours/
consultant
$875/
consultant
Engagement
Present at Kick off rneetings/Presentation of
Tukwila Equity Poiky {two meetings in August
2021- 1.5 hours each)
3 hours/
consultant
$1650/
Consultant
Conduct 2 "Leading with a Racial Equity Lens
forStructura|Transformadon"vvorkohopsand
team building retreat for Department
(September -October 2021- 2 half days -in
person/ workshop)-
12 hours/
consultant
1
$7800/
consultant
Strate8y Meetings with DEI leadership or
1
Ieadershiip development coachirig with staff
members- ongoing
Up to 8
hours/
consultant
$2200/
consultant
Support the establishment of a department
Racial Equity Team, iricluding the development
of a charter, roles, rnembers, development of a
north star" document and the beginnings of a
racial equty workplan (October thru May)
Up to 8
hours/
consultant
$2208/
consultant
Total Estimated Compensation
$15,225
Consulting Terms:
Consultants can bill monthly. Invoice indicates time billed, task description and amount
CA revised May 2020
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