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HomeMy WebLinkAbout17-164 - ResourceX - Priority Based Budgeting Council PresentationCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 17-164 Contract Appoval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and ResourceX hereinafter referred to as "the Contractor," whose principal office is located at 4603 W. 33rd Avenue, Denver, CO 80212. WHEREAS, the City has determined the need to have certai9n services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $5,000 at a rate of (flat rate). 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing September 1, 2017, and ending March 31, 2018, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. ($-F of ; or-4(nc Ld CA Revised December 2016 Page 1 of 4 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute 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. Contractor 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 CA Revised December 2016 Page 2 of 4 the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work 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 Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, 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. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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. 14. 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, CA Revised December 2016 Page 3 of 4 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this la. day of , 2011 CITY OF TUKWILA CONTRACTOR V ►'c+W C0.,t.su, Pte` n6Li►cc_ -'.rc.c- or By: Chris Fabian Printed Name and Title: Chris Fabian Co -Founder, ResourceX Address: 4603 W. 33rd Avenue Denver, CO 80212 CA Revised December 2016 Page 4 of 4 Onine f^nm, 3nwtl bu(J;pri n;l r.,.-,�r �r0�'.;�r.� :. t.•�. Pi, oval, (:Ci, Exhibit A ONLINE PRIORITY BASED BUDGETING POWERED BY: ` ,� reso u rce r fttIWWPM ifiyr*tal,vlsfy,i PRIORITY BASED BUDGETING •IP BiB COITEA MR PRIORITY PAYED OUDOETINO A Proposal and Agreement for The City of Tukwila, Washington restiZ ceX 1 Proposal Overview The Need for Priority Based Budgeting At the beginning of 2016, over 100 communities across North America have implemented Priority Based Budgeting (PBB), impacting over 15 million citizens across the US and Canada. Now in 2017, over 170 communities are practicing PBB, using the process and tools to reshape the way all of a community's resources are leveraged to achieve Results, and inviting citizens further into an authentic role of influence and participation. Propelling Progress Together — The Power of Community In 2014, Dr. Sheryl Mitchell published the first doctoral dissertation on Priority Based Budgeting and the impact it's having on'communities. Documented in her research, An, Exploratory Study of Priority Based Budgeting: Identification of Public Values and Public Priorities,through Citizen..Eiagetnent in. Government Budye_ting Decisions, Dr. Mitchell relayed the following quote from an interview with a PBB practitioner: "I really do think that within five years, it will be considered one of the standards in local business. One of the things about PBB...It's not specific to an industry. I mean - Coca Cola could use PBB. Ace Hardware could use it. It doesn't have to have local government as its particular focus...but, I see it as a standard in Local government" CENTER FOR PRIORITY BASED BUDGETING 0,14 94(' re1c X 2 At Resource Exploration, we are insistent that we provide the tools and training to help every single community who shares our pursuit of optimizing resource alignment with results. Your participation will greatly enhance your organization's ability to efficiently implement the process, share the outcomes of your work with citizens, and ultimately channel all of your community's resources with the results your citizens desire. We are pleased to provide the following consulting proposal for the City of Tukwila, Washington. This proposal is specifically designed to provide guidance and support to the City in the following key action areas: Onboarding Council- We are frequently asked to present to Council before, during and after PBB implementation. We are prepared to provide your Council an overview of PBB, the benefits of implementation and specific examples of PBB success in other communities (including other PBB communities in Washington). (*PBS PRIORITY „ BASED BUDGETING reso14.reX 3 Approach to Implementation, Scope and Timeline Your implementation process is built around major steps, each with clear milestones along the way. Tukwila Council PBB Presentation Tukwila Council PBB Presentation ResourceX Role and Workload: ResourceX will provide an in-depth priority based budgeting presentation to the Tukwila City Council. The presentation will be performed on-site by CPBB/ResourceX Co-founder Chris Fabian on September 18, 2017. eIPHIB [ENTER RIR PRIORITY BILGED BUDGETING resoprcRX 4 Exhibit B Implementation Plan and Approach to Pricing Once the September 2017 start date for the project is confirmed, ResourceX will work with you to develop an implementation timeline that normally spans a four to five month time period in which it can guide the City of Tukwila through the scope of work included in this proposal. This time frame might vary slightly depending on the level of citizen engagement that might be desired OR the amount of information that might already be in place before the work begins. While the duration of the implementation process is anticipated to span several months, the actual workload placed on staff in the City is by no means of a "day-to- day" nature. The timeline allows for staff to manage their own internal workload and still participate effectively in the process. Given the work that has already been accomplished and can be leveraged for this implementation the total proposed budget for the PBB Council presentation with the City of Tukwila is $5,000.00. •:BIB CENTER FOR PRIORITY EASED RUDGETINO wax resnu{ceX 5