HomeMy WebLinkAbout24-082 - Flor Ybarra - Budget Process LiaisonCity of
Tukwila
O2OOOoudhmyntmrBoulevard, Tukwila VVAS81O8
Contract Number 24'082
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 Tukvv|o. Washington, hereinafter
referred to as "the City", and Flora Ybarro. hereinafter referred to as "the Consultant'', in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Prolect Designation. The Consultant is retained by the City to perform culturally and
linguistically relevant outreach and engagement with Tukwila community members
regarding the 2025-26 Budget Development Process_ services in connection with the
project titled Budget Process Liaison
2. Scope of Services. The Consultant agrees to perform the nen/imys, identified on Exhibit ''8"
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 June 30, 2Q24. unless
sooner terminated under the provisions hereinafter specified, Work under this Agreement shali
commence upon written notice by the City to the Consultant to proceed. The Consultarit shall
perform all services and provide all work product required pursuant to this Agreement no later
than June 30, 2024 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 hereto, provided that the total amount of payment to the Consultant shall not
exceed $1,500 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 Consutant 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 aU niaterials, supplies, equipment and incidentars 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 douumments, 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 shari be permitted to retain cop|es, including reproducible
copies, of drawings and specifications for imfonnatinn, reference and use in connection with
the Consultants endeavors. The Consultant shall not be responsibe for any use of the said
documents, drom/ingm, specifications or other materials by the City on any project other than
the pr'antspecified|n this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreemmmnt, faithfully observe and comply with all fedena|, state, and local |amm, ordinances
and regulations, applicable to the services rendered under this Agreement.
7, Indemnification. The Consultant shall defend, indemnify and hold the City, its nf5uors,
mfficia|s, employees and volunteers harmless from any and all o[ainnw, injuries, domogea.
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omm]soionooftheConau!tantimperformmnoemfthisAorognnent.anueptfori juries 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 negligenc. of the Consurtant
and the City, its u#icero, offic|m|o, ennp|oyeea, and volunteers, the Consultant's Uiab||ity
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.
O
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 resporisible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance prognann, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consurtant.
9. Covenant Against Contingent Fees. The Consurtant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Conau|tamt, to solicit or secure this cuntnact, and that he has not paid or agreed to pay any
company or persun, other than a bonafide employee working solely for the Cnnsultant, 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 nonmidero1|on, or otherwise reouver, the full amount of such fee,
connrniasion, perumntm0e, brokerage fee, gift, or contingent fee.
10. Discrimination Prohibited. Contrmctor, with regard to the work performed by it under this
AQrmemment, will not discriminate on the grounds of race, na|igiom, oreed, rm|or, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital utatua, 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
Agreernent 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 rightto terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death ofemember, 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 terrns cf this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations af 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 xvith, all applicable federo|, 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 shati be properly Iaid 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 af this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereaf and alt other provisions shalt remain fully enforceable. The provisions ofthis
Agrmennent, which by their sense and context are reasonably intended to survive the
nnnnp|etion, expiration or cancellation of this AQnaemmmnt, shall survive termination of this
Agreement.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwiia
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices 10 Consultant shall be sent to the foliowing address:
Y42G428thAve S,SeaTac,VUA 98168
17. Entire Agreement; Modification. This Agreement, together with attachments or addemda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior nego{ia1iona, napnesentationn, 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
DATED this l6th day of May , 2024
CITY OF TUKVALA
aocuSigned by:
turf uoitAL 6/12/2024 12 :01 PM PDT
LDsilarlic;49D
Marty Wine, City Administrator
CA revised May 2020
CONSULTANT
-zAr-
RENCIN
Flora Ybarra
6 -
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Exhibit A
City of Tukwila
Budget Process Liaison
Seeking culturally and linguistically diverse liaisons to help community members
Learn about the City's budget process and give input.
Temporary Contract Position (no benefits)
Remote and in-person
$1,500 for 30 hours total. in May 2024
Duties:
• Receive training and materials on the City's budget process, survey, and other tools
used to collect input on funding priorities
• Engage with diverse community members of Tukwila to share information about the
City's budget process and how to give input
• Provide information broadly through formal and informal networks - social media,
community groups, places of worship, small businesses, etc.
• Assist individuals who want to complete the City's survey (available in English,
Burmese, Dari, Somali, Spanish, Swahili, and Vietnamese) and other tools
• Communicate community questions, concerns, and input with City administrators
• Provide simple translations as needed
Qualifications:
• Experience working with diverse immigrant and refugee populations to connect them
with information and resources
• Computer and internet navigation skills
• Able to work independently; schedule is flexible and may include evenings and
weekends
• Able to complete a W- 9 form and City of Tukwila service contract
Characteristics:
• Personable, compassionate, and kind
• Independent, resourceful, and organized
Exhibit
Two equal payments of $750 will be made. The first upon completion of the first 15 hours of
service, the second upon completion of the second 15 hours of service. Upon written request,
the consultant has the option of receiving one payment in the amount of $1,500 upon
completion of the 30 hours.
CA revised May 2020
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