HomeMy WebLinkAbout24-140 - Hamline University - NPDES Program - Social Marketing Stewardship - Adopt a DrainCity of Tukwila Contract Number: 24-140
Council Approval N/A
• 6200 Southcenter Boulevard, Tukwila WA 98188
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 Hamline University Center for Global Environmental Education,
hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the City to perform Storm drain
stewardship, education, and outreach services in connection with the project titled Adopt -
a -Drain.
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 Agreements Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2025, 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 January 31, 2026 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 $8,000 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. 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. 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 owned, non -owned, 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 shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 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 liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall 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 least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Minnesota.
CA revised May 2020 Page 2
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, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, 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 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.
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 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 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 program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Aaainst Continaent 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.
CA revised May 2020 Page 3
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 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 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 Ramsey County, MN. 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 Ramsey County District 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, 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 following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Brinkley Prescott
Operations Director, CGEE
Hamline University
1536 Hewitt Ave, MS -A1760
St. Paul, MN 55104
(651) 523-2591
bprescott01Co-)hamline.edu
18. Entire Aareement; 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 4
DATED this 21st day of October , 2024.
** City signatures to be obtained by ** Consultant signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA
DocuSigned by:
r(ql� .. .
Pete Mayer, Public Works Director
ATTEST/AUTHENTICATED:
Signed by:
4F
Andy Youn, City Clerk
APPROVED AS TO FORM:
L
by:
Office of the City Attorney
CONSULTANT:
DocuSigned by:
By. _rrac� Fv�,kv,
Printed Name: Tracy Fredin
Title: Director, Center for Global
Environmental Education
CA revised May 2020 Page 5
Exhibit A: Scope of Work and Schedule
Scope of Work
Organization will adhere to the use of the Adopt -a -Drain program materials and logo as laid
out in the Adopt -a -Drain Brand Standards and Marketing Guide.
Task 1: Program Set Up
• Import GIS data provided by the Organization to the Adopt -a -Drain website portal.
• Customize the website for the Organization area.
• Do graphic design modifications for the Organization area for integration into the
program. This includes auditing print materials and customizing the messaging to
meet the needs of the region (i.e. modify road salt, organic pollution, water body and
city names, safety instructions while maintaining Adopt -a -Drain brand standards.).
• Set up customized electronic welcome on website.
• Provide the Organization with administrative access to the website.
Task 2: Program Management and Implementation
• The Annual Site License Membership includes the technical application, access by
the Organization to reports and data and to Adopt -a -Drain branded outreach
materials, and the participant support noted under Task 4.
• Prepare and provide a summary evaluation and report at the end of the year.
Task 3: Direct Participant Support
If requested as part of contract, at the rates listed in Exhibit C: Budget:
• As part of Annual Membership in Task 2: Send reporting reminders to and answer
questions from participants.
• Purchase/print and store signs, sign stakes, welcome letters, tip cards and envelopes
for welcome packets, if requested, at the rates listed in Exhibit C: Budget.
• Regularly pull new participant data for welcome packets, if requested, at the rates
listed in Exhibit C: Budget.
• Assemble and mail welcome packets to new participants in the Organization service
area, if requested, at the rates listed in Exhibit C: Budget.
• Purchase additional welcome packet materials and assemble and mail additional
packets, if requested, at the rates listed in Exhibit C: Budget.
Task 4: Marketing/Outreach
If requested as part of contract, at the rates listed in Exhibit C: Budget:
• Set up and update the Organization/ region Facebook and Instagram accounts,
including the general information, logos and images.
• Populate the Organization/region social media accounts with two posts per week.
• Consult with Organization on tasks they will need to take on to manage and grow
their social media presence.
• Do additional marketing and outreach consultation.
CA revised May 2020 Page 6
Schedule
Contract Execution through December 31, 2025
Program Set Up:
First months following contract execution:
• Organization sends GIS data.
• Import GIS data provided by the Organization to the Adopt -a -Drain web portal.
• Customize website for the region.
• Organization sends white and color versions of eps logo.
• Set up customized electronic welcome on website.
• Make graphic design modifications for the Organization, for integration into the
program; includes auditing print materials and customizing messaging to meet the
needs of the region.
• Design signs for Organization that align with Adopt -a -Drain brand standards and
reflect local character and geography.
• Give Organization administrative access to the website.
Program Management and Implementation
• Upon contract execution: Send invoice for — (a) set-up costs, and (b) site license
annual membership.
• December. Send invoice for packet materials and shipping/ handling, social media
collaboration, and/or year-end report, as designated in Exhibit C.
• December/January: Prepare and send year-end report.
• June: Send invoice for packet materials and shipping and handling, if designated in
Exhibit C.
Direct Participant Support
• First months: Program kick-off.
• First months/Ongoing: Purchase/print and store signs, sign stakes, welcome letters,
tip cards and envelopes for welcome packets, if designated, as needed.
• Ongoing: Regularly pull new participant data for welcome packets, if designated, as
needed.
• Ongoing: Assemble and mail welcome packets to new participants, if designated, as
needed.
• Ongoing: Send reporting reminders to and answer questions from participants.
Marketing/Outreach
Ongoing, if requested in contract:
• Support Organization in creating and revising a social media plan and tasks they will
need to take on to manage and grow their social media presence.
• Update the Organization/ region Adopt -a -Drain Facebook and Instagram accounts,
including the general information, logos and images.
• Implement social media plan.
• Populate the Organization/ region social media accounts with two posts per week.
• Organization accesses social media resources.
• Do additional marketing and outreach consultation.
CA revised May 2020 Page 7
Exhibit B: Budget
2024 - 2025 Bud
ONE TIME SETUP FEES
Program Set Up
Adds city, watersheds,
s,ubwatersheds, and storm drain data
Set-up Fee: GIS Data 1 $700 $70000 to the system.
Set-up Fee: Website Adds city to the website, includes
Cu5tornization 1 $500 $500.00 creating admin accounts in Nova.
Set-up Fee: Graphic Custorn welcome letter, Lip to 4
Design 1 $600 $600.00 custom signs.
Program Set Up Subtotal $1,800.0ci
kNNUAL FEES
Program Management and Implementation
Site License- 2024
Annual Membership,
Pro -rated for 1/2 year 21,300 people $0.058
Site License- 2025
Annual Membership 21,3010 people $0.058
2024 Surnmary
Evaluation and Report 5 hours $50-00
2025 Summary
Evaluation and Report 5 hours $50.00
Program Management and Implementation Subtotal
Direct Participant Support
Site license includes technical
application, support, and access to
$617.70 our branded outreach materials
Site license includes technical
application, support, and access to
51,235.40 our branded outreach materials
Compilation of year end report of
$250.00 Adapt -a-Drain activities
Compilation of year end report of
$25000 Adapt -a-Drain activities
$2,363.10
Coroplast Signs and Lightweight coroplast sign and metal
Stakes 75 pieces $3.80 $28500 stake
Printed welcome packet includes
Welcome Packets and envelope, welcome letter, and tip
Cards 75 pieces $215 $16125 card
Postage and handling for welcome
Sign Distribution 75 pieces $12.00 $900.00, packet and signs
Direct Participant Support Subtotal $1,346.25
Addifional welcome packets may be requested, at the rates listed above
MarketingfOutreach
We rUVI the Adopt -a -Drain WA
Collaboration %vith
facebook and mstagram accounts to
CGEE Social Media
30 hours $55.00 $1,65000 help promote, the program
Consulting With CGEE
We are available to assist in the
Team
0 hours $85.00 $000 ciltical outreach efforts
Subtotal
$1,660.00
Total
$7,149.35
Administrative Fee 10%
101% $71494
CA revised May 2020 Page 8
2024 Budget
ONETIME SET UP' FEES
Program Set Up
We run the Adopl_a-DrainWA
Coliaboration with
Adds city', watersheds,
C,GEE Social kledO
10 hours $55,00 S550.00
subwatersheds, and storm drain data
Set-up Fee. GIS Data 1
$700,
$700.010 to the system
Set-up Fee Website
0 hours S,85M $000
Adds city to the, website, includes
Customization 1
$500:
$500.00, creating admin aCCOUnts in Nova,
Set-up Fee: Graphic
$3,666,45
CUSWM'welcome letter, up to 4
Design 1
$600,
$60000 custonn Signs,
Customized Electromc
TW9 is rncluded at no charge as
Welcome pieces
NC
$0 00 standard pprating procedure,
Program Set Up Subtotal
$1,800m
ANNUAL FEE$
Program Management and Implementation
Site Ucense 2024
Site Iloonse includes WxOrrlical
AnrILIal Mlernbership,
application, support, and access to
PiL(,)_(aj(I),d f(Ir 112 year 21,000 people
SO 058
S01770 our bi'dr-ided 01.1408AI.h Materials
Svnrriary Evalumliori
We, will conrlido a year end repr,'m for
and Report, 2024 5 hol Irs
S5000
$25HO, you to use
Program Management and Implementation Subtotal
$86710
S � = = E
Coropiast Signs and UjIlitweight coroplast sign and nretal
Stakes 25 pieces $3,80 S95 Oct slakEl
1�)ni,Aed welcome packel uncWdes
Wulcojw Packets and envelope, welcome let(er, arid lip
calds 25 pieces $2.1 5 S51 75 'ard
Posl!age arid hawMng for wolcoine
&gn Dislnbubon 25 pieces S12,00, S30000 packet arid signs
Direct Participant Support Subtotal $44816
Addilwru,")I olefcorne Ijackefs may be requo, slod, at the isles, ftsfed above
MarketinglOutreach
We run the Adopl_a-DrainWA
Coliaboration with
faceLw)ok and Iristagrarn accounts lo
C,GEE Social kledO
10 hours $55,00 S550.00
h0p prornote the prograrn
Consulting with CGEE
We are avWabile to ass,M in the
Tearn
0 hours S,85M $000
critical outreach efforts
Subtotal
$550,00,
Total
$3,666,45
AdminisIrafive Fee 101 %
10% S,366.65
CA revised May 2020 Page 9
2025 Budget
ONETIME SET UP' FEES
ANNUAL FEES,
Program Management and Implementation
Site license includes technical
-&te License. Annual
application, support, and access to
Membership 21,',300
people
S0058
$1,235.40 our branded outreach materials
Surnmary Evaluation
We will compile a year end report far
and Report, 2025 5
hours
$50.00
$25000 you to use
Program Management and Implementation
Subtotal'
$1,486.40
Direct Participant Support
Cxroptast Signs and
Lighhveighl coroplast sign and metal
Stakes 50
piocies
$380
$19000 Stake
Printed welcome packet rncWdos
Welcome Packets arid
envelope, welcome letter, and fil"r
Cards 50
pieces
$2 15
$107 50 caid
Postage and handnng for welcorne
Sign Disl,nbuburi 50
pieces
i12 00,
$600 00 and sg"ds
Direct Participant Support Subtotal
$897M
Addifional welcome, packets roa,y be mquosted, c,?t Ope (ales ltsfod al)ove
MarIketinglOutreach
We, r urs (h e Ad op!-& D r a i n VVA
CoMboratiori with
facebo(* ard instagrani accounts to
ll Med0
CGEE Sociao 2
hows
S55,00
$1,100 0101 help pr(xnote Me program
Constflfing with CGl:,::,E
We are av,wlaNe to as t in the
Team 0
hOUNS
S85 00
$0 00 crilical outreach rzffcirts
uur
COSS-
K.1 2 prog ra rri 0
roofy6l
$500 00
$000
Subtotal
$1,100.0o
Total
Adirninistf alive Fee 10%
CA revised May 2020
10
$3,482.90
1011% $348,29
Page