HomeMy WebLinkAbout22-060 - Julie Regnier - Parks Maintenance and Golf Maintenance Climate Review
Contract Number:
City of Tukwila
22-060
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENTis entered into between the City of Tukwila, Washington, hereinafter referred to
as “the City”, and Julie Regnier, hereinafter referred to as “the Consultant”, in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1.ProjectDesignation.TheConsultantisretainedbytheCitytoperformservicesinconnectionwith
the project titledClimate Review.
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 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.
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
$39,000without 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 workperformed, 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 stateof Washingtonfor 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,
employeesand 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 damagescaused 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
causedby 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 specificallyand 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
theparties. 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 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.MinimumAmounts andScope of Insurance.Consultant shall obtain insurance of the types and
with thelimits described below:
1.Automobile Liabilityinsurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident. Automobile Liability insurance shall cover
all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute formproviding equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability
coverage.
2.Commercial General Liability: Waived.
3.Professional Liability: Waived.
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 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
evidences 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 orbe endorsed to contain that they shall be primary
insurance with respectto the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Consultant’sinsurance and shall not becontributed
or combined with it.
D.Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
E.Verification of Coverage.Consultant shall furnish the City with original certificates and a copy of
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 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.
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Regnier Consultant Services Agreement
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’ noticeto 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 solediscretion
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 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.
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 sectionshall 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 timescomply 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 institutedto 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, expirationor
cancellation of this Agreement, shall survive termination of this Agreement.
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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:
Julie Regnier
4545 Somerset Drive SE
Bellevue, WA. 98006
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 _________ day ofApril, 2022.
CITY OF TUKWILACONSULTANT
____________________________________
David Cline, City Administrator
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Exhibit A
Climate Review
Golf Maintenance & Parks Maintenance
City of Tukwila
Julie Regnier, Independent Human Resources and Management Consultant, proposes the following
as part of the Climate Review:
Review background information (e.g., organization chart, job descriptions, etc.) as
provided by the City.
Draft questions for 1:1 interviews with individuals as determined by the City. Finalize
questions after input/edits from the City.
Develop script to consistently use with each interviewee to introduce consultant and
describe process.
Conduct ½ hour –45 minute interviews with most employees/individuals or longer with
keyindividuals as deemed prudent by the City. The City will provide a list of
employees/individuals to be interviewed and schedule interview times. If additional time,
beyond the scheduled meeting, is requested by the interviewee or the City another
meeting will be scheduled.
Provide to the City a written report of information gathered from the interviews. Report
will focus on themes that emerged, hot spots identified, and any short-and long-term
recommendations coming out of the climate review. (Note: The report will not attribute
specific comments to an individual in order to provide a measure of confidentiality and a
safe environment for individuals to air concerns or provide advice to City leadership.)
Consultant will be available for an oral report or verbal discussion if requested by the
City.
Consultant will bill $150/hr. for time spent on the Climate Review. Partial hours spent on review will
be billed to the nearest quarter hour. No expenses will be billed to the City without prior written
approval by the City. No expenses are anticipated.
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