HomeMy WebLinkAboutContractAGREEMENT FOR EVALUATJON SERVICES FOR HIGHLANDS
NEIGHBORHOOD QUALITY-OUT-OF SCHOOL TIME
PARTNERSHIP
THIS AGREEMENT, dated February 17, 2022, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and Margaret A. McKenna of ConTEXT Evaluation
("Consultant"), an indivi dual/sole proprietor. The City and the Consultant are referred to
collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement
is eff&ti� as -Of the fast-date signed by both parties.
1.Scope of Work: Consultant agrees to provide program evaluation services as specified in
Exhibit A, which is attached and incorporated herein and may hereinafter be referred to
as the "Work."
2.Otang-e& in kope of Work The City, without invalidating this Agn�-ement, may or-d-er
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise
mutually agreed by the Parties.
3.Time of Performance: Co nsultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than 6/30/2022.
4.Compensation:
A.Amount. Total compensati on to Consultant for Work provided pursuant to this
Agreement shall not exceed $4,000, plus any applicable state and local sales taxes.
Compensation shall be paid as a flat rate fixed sum based upon Work actual ly
performed according to the rate(s) or amounts specified in Exhibit A. The Consultant
agrees that any hourly or flat rate charge-cl by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
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B.Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
ooligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
S.Termmatron:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, all finished or un finished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. lf the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperform ance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the frnal payment due the Consultant. No payment shaH be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6.Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a profes&ional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City stan dards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engi-neering plam;, &pecificati-Ons, plats, and -reports, as applicable, J)Ursuant t-0
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non
exclusive, ,perpetual right and lken5€ t-0 use, -reproduce, distribute, adapt, modify, and
display all final work produc t produced pursuant to this Agreement. The City's or other's
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
ap plicable Washington State records retention laws, but in any event no less than six
years afte-r the termination of this Agreement. The Consultant agrees t-0 pr-OVide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapt er 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recorclings,photos, or d-rawi-ngsand pr-OVide them t-0 the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Conwltant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
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9.
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
lndepern;lent Crmtractor Relattonship:
A.The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner -0r means -0f W-0rk. Specifically, but n-0t by means -0f ,iimitatkm, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
c-0vere<l by this agreement, and the -Com;ultant shall be entitled to empjoy other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, att-0rney's or att-0rneys' fees, costs, and/-0r liti{lattan €xpenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
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Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate ... ) 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 conrummt negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agree-ment constitut� Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11.Gifts and .conflicts: The aty's Code of .Ethics and Washington State law prohibit C1ty
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12.City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Jnfonnation .regarding acquiring a .city business license can be found at:
http://rentonwa .;ov/husiness/default aspx?id=S48&mid=328.
Information regarding State business licensing requirements can be found at:
htt2://dor.w?,.gov/content/doingbusiness/registermybusiness/
13.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur, the City agrees the .consultant is not re:;ponsibJe for .damages, nor shall the
Consultant be deemed to be in default of the Agreement.
14.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
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15.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, or by nationally recognized overnight courier service. Time period for notices
shall be deemed to have commenced upon the date of receipt. Email and telephone may
be used for purposes of administ ering the Agreement, but should not be used to give any
formal notice required by the Agreement.
CITY OF RENTON
Thomas Puthoff
Parks & Recreation
1055 South Grady Way
Renton, WA 98057
Phone: {425) 430-6600
tputhoff@Rentonwa.gov
CONSULTANT
Margaret A. McKenna
9823-44th Avenue SW
Seattle, WA 98136
Phone: {206)935-6340
Maggie@contextevaluation.com
16.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.Con&Ult-ant, and Con&Ultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexua l orientation or preference, age (except minimum age and re tirement
provisions), honorably discharged veteran or military status, or the presence of any
senwry, mental or -physical handicap, unless based -upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
8.The Coo&Ultant wm take aff1rmative action to insure that applicants are empl-oyed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
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D.The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
17.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Consultant.
B.Consultant will not be reimbursed for job related expenses except to the extent
specifkally ag,reed within the attached exhibits.
C.Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D.In the event special training, licensing, or certificati on is required for Consultant to
�ovide Work he/sh-e will ac�e or maintain such at hi5/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as the,re ls -no Interruption or interfe,rence with the provision of
Work called for in this Agreement.
F.Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G.Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
18.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B.General Administration and Management. The City's project manager is Carrie Nass,
Recreation and �hoorhooos Division Manager. In providing Work, Consultant shall
coordinate with the City's contract manager or his/her designee.
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C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D.Conflicts. In the event of any inco nsistencies between Consultant proposals and this
Agrnement, the terms of this Ag�eement shall prevail. Any exhfuits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are ref erenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body -Of this Ag-reement shall i:,revail and the extrane-0us terms shall not be
incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
l«!nton. Consultant and all of the Consultant's employees shall i:,erform the Work in
accordance with all applicable federal, state, cou nty and city laws, codes and
ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts -Of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, su bmission or other event of
negotiation, drafting or execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interi:,ret this Agreement or any -Of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
H.Severability. A court of competent jurisdiction's determination that any provision or
part -Of this Agreement is lUegal or unenforceable shall not cancel or invalldate the
remainder of this Agreement, which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
i-ncorporated are excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
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K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall beconstrued to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else.
L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns,and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to allcovenants of the Agreement.
M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party'sfailure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall n ot be dee.med to .be a waiver of any prJor or su.bseq.uent brea(::hunless it is expressly waived in writing.
N.Counterparts. The Parties may execute this Agreement in any number ofcounterparts, each of which shall constitute an original, and all of which will together to.0$1:itute this one _Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below.
CITY OF RENTON
By·
�
. Key8eymerParks & y:cr�tion Administrator3 � z.-,_ j Date
Approved as to Legal Form
5him.e Moloney Renton City Attorney
Conb'ilctTemplate Updated 12/29/2017
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CONSULTANT
By: '@z
'Jf:
/'ul �,;, r..-e'...-Marg et McKenna President, Con TEXT Evaluation 3 /.,:i,./ �() ;i 2 I I Date
(approved via email from Alex Tuttle)
EXHIBIT A: SCOPE OF WORK
Objective -Margaret McKenna of ConTEXT will partner with the City of Renton to guide and
develop evaluation plans, tools, assessments and analysis for the Best Starts for Kids, Quality
Out-of School Time grant, titled "Highlands Neighborhood Quality-Out-of-School Time
Partnership".
•Attend and participate in grant related evaluation trainings
•Develop evaluation plan for remaining grant period
•Review and revise data collection tools including surveys
•Train grant staff to administer surveys and collect participant data
•Train grant staff on how to compile survey results and other participant data
•Conduct data analysis and contribute to proj.ect reports in June 2022
Timeline: January 2022 -June 30, 2022
Budget: $4,000
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