HomeMy WebLinkAboutFS 2013-01-23 Item 2A - Agreement - Strategic Plan with Berk ConsultingTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: Joyce Trantina, Mayor's Office
DATE: January 16, 2013
SUBJECT: Strategic Planning Implementation — Draft Contract, Berk & Associates
ISSUE
The City is recommending contracting with Berk and Associates to assist in the implementation
phase of the 2012 Strategic Plan. The City seeks assistance in linking City plans and actions to
the broader Strategic Plan, and will utilize the expertise of Berk consultants to provide additional
support for developing the tools, frameworks and performance measures needed to guide and
manage this on-going process.
BACKGROUND
Berk and Associates have provided excellent leadership and guidance as the City embarked on
developing its first 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, and are uniquely
positioned to provide a seamless transition as we move forward into the next phase of this
important work.
DISCUSSION
The project components will include facilitated work sessions with City leadership, engaging City
leaders in a process that builds action oriented workplans. Once an approach to
implementation is established, further work will be done at the department level.
Berk & Associates will also assist the City in communication plans (internal and external) and
help build organizational capacity.
The cost of this contract is not to exceed $65,000 and will be funded by the Mayor's office
2013/2014 budget.
RECOMMENDATION
The Committee is being asked to move this item forward to the January 28, 2013 Committee of
the Whole Meeting and subsequent Regular City Council Meeting on February 4, 2013, for
approval and authorization for execution by the Mayor.
ATTACHMENTS
Consulting Agreement with Exhibit
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City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
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.
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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 'fy and hold the City, its officers,
officials, employees and volunteers harmless,,,,frOin any and 1 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:flia,t this Agreement 1s subject to RCW
4.24.115, then, in the event of ,,f1ity for damages arising out of bodily injury to persons or
damages to property caused by tirrettitin from the concurrent negligence of the Consultant
and the City, its officers, officials, e`41 ees, and 'volunteers, the Consultant's liability,
including the duty and cost to def erchereuniCi:<shall be only 10 the extent of the Consultant's
negligence. It is furthcr specificallSi',4ndeXpfes4yianderstood that the indemnification
provided herein Onstitutes the C nsultan waiver of irnmunity under Industrial Insurance,
Title 51 RCW, solely for the purposes ofthis `indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
term inati* of this Agreernent
8. Insurance. T14*COnsultant*all 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 perf6tinance of the work hereunder by the Consultant, its agents,
representatives, or emiitoyees. Consultant's maintenance of insurance as required by the
agreement *tall not be Construed to limit the liability of the Consultant to the coverage
provided by*ch insurancePbr 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.
CA revised 2012
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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 prate**,
B. Other Insurance Provision. The CairStiltats 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 Ery 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 tilaced with insurers with a current A.M.
Best rating of not less than A.A11)'
D. Verification of Coverage. Consultant furnish :-'the City with original certificates and
a copy of the amendatory en orsemerits,;,,incl-u.ding%Ut not necessarily limited to the
additional insuf4endaysement, evidencing the insurance requirements of the Consultant
before comrnerraenierrt'af,the work? certificates of coverage and endorsements as required
by this section ",'s
hall be delivered to the ity within fifteen (15) days of execution of this
Agreement.
E. Notice of Cancellation. Thc Consultant shall provide the City with written notice of any
6Ife within
Iwo busincss days/of their receipt of such notice.
F. Fa ure t:1V4aintain nsuyance. Failure 'On the part of the Consultant to maintain the
insurance as required shall//canstitute a material breach of contract, upon which the City
may, after giving five busiries4, days notice to the Consultant to correct the breach,
imnrediately terminate the contract or, at its discretion, procure or renew such insurance
and pay'any and all preiniums 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.
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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.
1 1 . 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 ;ot";'Seitsory 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, an.y time limitation
provided for in this Agreement shall not constitute %a `aIVer of any other provision.
14. Termination.
A. The City reserves the right to lerminate `,t this Agreement at any time by giving ten (10)
days written notice to the Consultant. '
B. In the event of e death t of a men4et, part. tier or officer .of the Consultant, or any of its
hsuepreebrvyisaogrryeepiedrscodnnheils,fici7ed to the Project, the surviving members of the Consultant
mplete:the work under the terms of this Agreement, if requested to do
15. Applicable Law; Venue; A 0 ,
SO v„,„, h2se surviving :11:_,T,ti shall no: joTehais bAargrteoemrene,gotiations of this Agreement
-',.... ;14Vivi '2 rtiefrtbers o
.:2; it, rney,s Foenessu. ltailt and the City, if the City so chooses.
Agreement shall be subject to, and the
Consultant shall at all Comply with, all applicable federal, state and local laws,
a ' ding
regulaticOe7d rules. inc nc tt the Provisions of the City of Tukwila Municipal Code and
ordinances gtoOf the City ofItik ila. In the event any suit, arbitration, or other proceeding
instituted 'enforce any wf this Agreement, the parties specifically under.standartanydinaganreye
that venue shalfbe,propt'9.AtY''la°id. in King County, pahington. The prevailmfgdrp
such action shall he entitled to its attorney's fees Washington.
costs of suit. Venue any action
arising from or related4O this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or po vision of this Agreement enott' is declared
void or unenforceable or limited in its application or effect, such event shall n affect any
other provisions hereof and all other provisions shall remain fully enforceable. Thespurrvovise the
of this Agreement, which by their sense and context are reasonably
sunablyrviv
intended to iv
completion, expiration or cancellation of this Agreement, , termination of this
Agreement.
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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, reprrentations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any Rice or effect unless it is in
writing and signed by the parties.
DATED this day oj, , 2013.
CITY OF TUKWILA
Attest/Authenticated:
Michael Hodgins
Approved as to Form:
City Clerk
CA revised 2012
Office of the City Attorney
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CITY OF ��U U����UK �� STRATEGIC PLAN IMPLEMENTATION
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Proposed Scope of Work: 1/16/13
PROJECT UNDERSTANDING
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 PIan 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 PIan.
CITY PERFOR ANCE & ACCOUNTABILITY EL
community and AA enter
eftgageniont
1^"' Conti riesol get*
The City is now in its first year implementing the
Strategic Plan. The City seeks assistance in tying City Sthatoil *gam*
Sbaltie
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 2015 will establish the framework and tools for the City's annually recurring workplanning process per the City
Performance and Accountability Model.
loiptemmtation 5**
Outoorna-taseti Fun/1k
PROPOSED WORKPLAN
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.
Anticipated Project Components
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 VVorkses ionswbh 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
City of Tukwila — Strategic PIan 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 PIan, 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 andWmrkornduds
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 foUowing rates:
• Brian Murphy: $180/hour
• Dawn Couch: $I40/hour
• Associate Support: $1I5/hour
• Project Associate Support: $70/hour
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