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HomeMy WebLinkAboutReg 2013-12-02 Item 5E - Contract Amendment - 2014 Strategic Planning with BERK & Associates for $65,000COUNCIL AGENDA SYNOPSIS Meeting Date 12/02/13 Prepared by Yr Ma or's rcuiew Counce7 review ITEM INFORMATION ITEM No. 5.E. 59 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 12/02/13 AGENDA ITEM TITLE Strategic Development Planning - Contract with Berk Consulting - Implementation and Leadership Motion Date 12/2/13 Resolution Mtg Date Ordinance Mtg Date Bid Award Mtg Date Public Hearing AligDate Other Mtg Date CATEGORY R Discussion I Mtg Date Mtg SPONSOR Council I Mayor LI HR Lill DCD Finance Fire 111 IT P&R • Police PW SPONSOR'S The City Administration is recommending amending the contract with Berk & Associates SUMMARY for continued assistance in the implementation of the City's Strategic Plan. The proposed amendment would extend the contract through December 31, 2014 and would not exceed $65,000 for services provided in 2014. REVIEWED BY COW Mtg. CA&P Cmte Utilities Cmte Arts Comm. DATE: 11/19/13 1 F&S Cmte Li Transportation Cmte Comm. Lil Planning Comm. CHAIR: DENNIS ROBERTSON Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. Commirrm Mayor's Office Unanimous Approval; Forward to Consent Agenda on 12/02/2013 COST IMPACT / FUND SOURCE EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $65,000 $100,000 $65,000 Fund Source: MAYOR'S OFFICE BUDGET, 2013-2014 Comments: Mayor's Office Budget 000.03.513.100.41.02 MTG. DATE RECORD OF COUNCIL ACTION 12/02/13 MTG. DATE ATTACHMENTS 12/02/13 Informational Memorandum dated 11/06/2013 Copy of Contract 13-042 with Berk & Associates Draft Amendment to Contract 13-042 Minutes from the Finance and Safety Committee Meeting of 11/19/2013 59 60 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE FROM: Joyce Trantina, Mayor's Offic / DATE: November 6, 2013 SUBJECT: Strategic Planning Implementation — Draft Amendment to the Berk & Associates Contract ISSUE The City is recommending an extension of the contract with Berk and Associates to continue assistance to the City in the implementation of the Strategic Plan. As a result of the significant amount of time spent working across the various stakeholders in our community, Berk staff have an excellent understanding of the unique challenges and expected outcomes by the various groups. BACKGROUND Berk and Associates have provided excellent leadership and guidance to the City in developing and implementing the Strategic Plan and we would like to utilize this expertise during 2014 as we work through the 2015/2016 biennium budget process. These funds are included in the 2013/2014 budget. DISCUSSION The project components will include facilitated work sessions with City leadership, engaging City leaders in a process that builds action oriented workplans. This work will expand the City's organization and development work by establishing City of Tukwila Values that guide how we work with one another and how we treat our partners and customers This contract amendment will extend the contract through December 31, 2014 and will not exceed $65,000 in 2014. This will continue to be funded by the Mayor's office 2013/2014 budget. RECOMMENDATION The Committee is being asked to move this item forward to the consent agenda of the December 2, 2013 City Council Meeting for approval and authorization for execution by the Mayor. ATTACHMENTS Copy of Contract 13 -042, Draft of Proposed Amendment 61 62 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 13 -042 Council Approval 2/4/13 CONSULTANT AGREEMENT FOR STRATEGIC PLANNING (CONSULTING) SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Berk & Associates, 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 consulting services in connection with the project titled Strategic Planning, 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, 2013, 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, 2013 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 outlined in Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,000.00 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. ctt 63 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, including the duty and cost to defend, 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. Berk & Associates Consultant Agreement Page 2 of 5 64 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. 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 Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. 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. F. 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. Berk & Associates Consultant Agreement Page 3 of 5 65 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. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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 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 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, expiration or cancellation of this Agreement, shall survive termination of this Agreement. Berk & Associates Consultant Agreement Page 4 of 5 66 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: Berk & Associates Attn: Brian Murphy 2025 First Avenue Suite 800 Seattle WA 98121 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 °17-4 day of h f y , 2013. CITY OF TUKWILA Attest/Authenticated: CONSULTANT Michael Hodgins Title: Principal Approved as to Form: Office of the City Attorney Berk & Associates Consultant Agreement Page 5 of 5 67 68 City of Tukwila Agreement Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Berk & Associates That portion of Contract No. 13 -042 between the City of Tukwila and Berk & Associates is amended as follows: Section 3. Duration of Agreement; Time for Performance. The term of this Agreement is extended to December 31, 2014, unless sooner terminated under the provisions specified in Contract 13 -042. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2014 unless an extension of such time is granted in writing by the City. Section 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 outlined in the Revised Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,000 per calendar year without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this day of , 2013. CITY OF TUKWILA CONTRACTOR Jim Haggerton, Mayor Printed Name /Title: Michael Hodgins, Principal ATTEST /AUTHENTICATED APPROVED AS TO FORM City Clerk City Attorney 69 70 Revised Exhibit A CITY OF TUKWILA STRATEGIC PLAN IMPLEMENTATION Proposed Scope of Work: 1/16/13 CT1JETJD R !AN The City of Tukwila has recently adopted a city -wide Strategic Plan. This Plan was developed through extensive community and staff involvement, with a Steering Committee comprised of community representatives serving as the primary plan development body. The Plan establishes a Community Vision, a City of Tukwila Mission Statement, and five Goals and supporting Objectives. The Plan also establishes the City Performance and Accountability Model that establishes a framework for developing annual workplans aligned to the Strategic Plan. The City is now in its first year implementing the Strategic Plan. The City seeks assistance in tying City plans and actions to the Strategic Plan, and additional support to develop the tools, frameworks, and performance measures to guide and manage this ongoing process. Tools are needed to support the development of workplans and to track and publically communicate progress. The work to be accomplished in 2013 will establish the framework and tools for the City's annually recurring workplanning process Performance and Accountability Model. FE ffs tl ,NCE =ir OUNTA I T' € O EL mw tp qtr y tOtNr eggagmeM Cfzrsar`rrectaf'sd'�r�,nz�rs per the City Over the course of a year, BERK will work closely with City leadership to develop the systems and tools necessary to align City efforts with the Strategic Plan, building linkages among the Strategic Plan, existing systems, and ongoing practices of the Tukwila organization. BERK will directly support the City in using these tools during this first year of implementation, improving them for ongoing use given lessons learned during the 2013 cycle. We propose a collaborative and responsive approach, and will work closely with City leadership to advance the effort in the most effective ways possible. Facilitated Worksessions with City Leadership. BERK will design and facilitate effective worksessions with the City's Leadership Team and possibly City Council. We will design the worksessions to engage City leaders in bridging from the Vision and ambitions of the Strategic Plan to action - oriented workplans that direct and evaluate City actions and investments. The discussions will begin at a City -wide level, considering phasing and prioritization of the full Strategic Plan over a 5 -year period. Once a conceptual phased approach to implementation is established, additional work will occur at the department and cross - department level to establish departmental and cross - functional workplans and performance measures. We will facilitate the Executive Team's work in 71 72 City of Tukwila — Strategic Plan Implementation Proposed Scope of Work 1/16/13 developing, evaluating, and approving these workplans. Once they are approved, plans will be communicated and progress evaluated in a transparent process. Organizational Capacity Development. As described in Goal Four of the Strategic Plan, it is important that the City of Tukwila develop the organizational culture and capacity to deliver on the promises of the Strategic Plan. BERK will assist in this process, coordinating with any additional resources the City brings to bear on this important topic. Communications Support. BERK will support the City in communicating workplans to both internal and external audiences, ensuring that City staff, residents, business owners, partners, and other interested parties have the ability to easily understand and track the City's process and progress. Anticipated Outcomes and Workproducts Through this process, we anticipate collaborating with the City to develop the following workproducts, which will be delivered to the City in a format and fashion supportive of the City owning, modifying, and using these tools for years to come. • Conceptual phasing of all elements of the Strategic Plan. • Annual departmental workplans that align with the City's Strategic Plan and budget. • Additional schematics and frameworks that illustrate alignment, clarify roles, and otherwise provide information about the relationships between people, processes, and products. • Performance measures to track and communicate process. • Communication strategies and collateral pieces for ongoing communication with City residents and other stakeholders, including web, email, social media, print media, and public meeting formats. BUDGET The budget for this effort is not to exceed $65,000, with BERK to invoice the City monthly on a time and materials basis. BERK project staff will bill at the following rates: • Brian Murphy: $180 /hour 2013 $200 /hour 2014 • Dawn Couch: $140 /hour • Associate Support: $115 /hour • Project Associate Support: $70 /hour 2 Finance & Safety Committee Minutes November 19, 2013 — Page 3 E. Contract Amendment with Berk and Associates Staff is seeking Council approval of an amendment to the contract with Berk and Associates for services relating to Strategic Plan implementation. This amendment would extend the contract through 2014 and will not exceed $65,000, funding for which will continue from the Mayor's Office 2013/2014 budget. Project components include facilitated work sessions with City leadership and the development of action oriented work plans. Berk has engaged in extensive work with the City thus far and has great understanding of its unique strengths and challenges. In response to questions and discussion from Committee members, staff confirmed that Berk does have a role in public outreach and engagement efforts. After this contract renewal expires at the end of 2014, it is reasonable to expect that Berk's primary relationship to the Strategic Plan implementation will end. Staff noted that Brian Murphy's hourly rate will be corrected to $200 /hour in the budget on the second page of the Scope of Work. This does not affect the dollar amount for the contract amendment. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2 REGULAR CONSENT AGENDA. F. Lease Agreement Amendment with Alliance One Receivables Staff is seeking Council approval of an amendment to the lease agreement with Alliance One Receivables Management, Inc. that would extend the lease through December 31, 2014 and increase the monthly rent by 10% to $825. Committee members had no questions. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 2 REGULAR CONSENT AGENDA. G. Council Review and Approval Process for Vouchers At its September 17 meeting, the Committee requested staff return with information about the process and legal standard for Council approval of vouchers. It has been the Council's practice for an individual Councilmember, selected on a rotating basis, to review and sign off on vouchers prior to the full Council's approval in a Regular meeting. The RCW and the State Auditor's BARS manual grants the governing body the responsibility to "ensure that the system of auditing and certifying vouchers is operating in a manner to provide the greatest possible protection for the governing body members and the municipality." The City's current financial management system has numerous procedural checks and balances, including review and approval by the initiating department director, the Accounts Payable Fiscal Specialist, the Accounts Payable Fiscal Coordinator and the Finance Director. The level of review provided by the Council is a matter of judgment and confidence placed in the existing controls of the financial management system. The City's procurement policy and procedures will be reviewed in 2014 and voucher approval will be re- addressed then. Further discussion by Committee members revealed that they like having the access and opportunity for voucher review, but there is disparity between the detail of review provided by each of them. The Committee asked Finance Director Peggy McCarthy to state her expectation of the individual Council review. She mentioned that it is a learning opportunity for the Councilmember to learn fiord numbers and gain a general understanding of the City's expenditures. The reviewing Councilmember should understand the nature of transactions, be comfortable with the business purposes of spending, be alert to large, unusual, or sensitive items, and gain confidence that transactions are consistent with City policies. The Committee asked the Council Analyst to work with staff to add similar language to the draft Council Policy on Voucher Review that is scheduled to come before the Committee of the Whole on November 25. A related issue regarding Council signoff on payroll expenditures will be further explored in 2014 INFORMATION ONLY. 73