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HomeMy WebLinkAbout25-297 - Contract - Safia Mohamed - Parks, Recreation, & Open Space (PROS) Plan: Outreach & EngagementCity of Tukwila Contract Number: 25-297 • ¢ 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entere Sais Mohi t0 amed be{ veen the City of Tukwila, Washington, hereinafter referred to as "the City", and hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform _Outreach and Engagement_ services in connection with the project titled Parks, Recreation, and Open Space (PROS) Plan 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 _November 30, 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 _November 30, 2025_ 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 _$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 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 renderedunder 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. & 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. 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 deductingi 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. 9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonaficle 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 liabiility, 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. 10. 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. 11. Assignment. The Consultant shall' not sublet or assign any of the services covered by this Agreement 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 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. 14. 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 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. SeverabilitV 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Sout�hcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: 2026 SW 152nd Street Unit E Burien,WA 98166 17. 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. CA revised May 2020 Page 3 DATED this 12th day of _ November _'2025 CITY OF TUKWILA CONSULTANT: F igned by: CacuSigned by 10/27/202511:36 PM PDT10/22/202514-09 PM PDT By: EF1 IWIR1893911Z Kris Kelly, Manager, Parks & Recreation Printed Name: Safla Mohamed ATTEST/AUTHENTICATED: Title: Consultant Signed by: Andy Youn-Barnett, City Clerk FSigned by: irs .. . ....... . I Office of the City Attorney CA revised May 2020 Page 4 City of Tu kwi [a PROS Plan Outreach Navigator The City of Tukwila is updating a Parks, Recreation, and Open Space (PROS) Plan, a strategic guide to plan for and improve park facilities, traits, recreation programs, and open space. Navigators with specialized knowledge of Tukwita's culturally and linguistically diverse populations will conduct outreach activities, includes boosting survey efforts to help the City gain valuable input regarding park use, access, and recreational priorities. Temporary Contract Position (no benefits) $1,500f or 30 hours from October -November, 2025 Activities: • Receive information and materials regarding the Parks, Recreation, and Open Space (PROS) Plan, Provide ongoing advising to the SCJ Consultants on best practices for reaching and engaging diverse populations. (Week l) • Review the Tukwila Parks & Recreation Needs & Assessment Survey for understanding of key concepts and provide feedback to improve translation quality as needed. (Week 1 - 2) • Through online and in-person engagement—social media, phone calls, one-on-one or group interaction at places of worship, small businesses, public spaces, etc., gather feedback from Tukwila community members. This includes survey completion or interpersonal communication. (Week 2 - 3) • Document and report findings to the SCJ Consultants. This, may include an interview with the consultants, providing information in writing, or a combination. (Weel(4) Qualifications: Experience conducting outreach and engagement in the Tukwila area • Understanding of culturally and linguistically diverse populations in Tukwila, including immigrants and refugees from priority communities — Latino, Somali, Vietnamese • Computer and internet navigation skills Ability to work independently; schedule; is flexible and may include evenings and weekends • Must complete a Form W9 and City of Tukwila service contract A payment of $1,500 wilt be made to the contractor via invoice upon completion of the contract.. The contractor may request in writing to receive two payments of $750; an invoice detailing services provided must be received at the end of weeks 2, and 4.