Loading...
HomeMy WebLinkAbout17-173 - ResourceX - Implementation of Priority Based BudgetingCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: { 17-173 Contract Approval 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 A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,500 (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 June 30, 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. 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. 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 CA Revised December 2016 Page 3 of 4 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. 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 day of CITY OF TUKWILA _(-%!�� . 20 t+ an Ekberg, May ATTEST/AUIH EN TI CATED: City C k, Christy O'Flaherty APPROVED AS TO FORM: Of>'Ice of the City Attorney CA Revised December 2016 CONTRACTOR//��//�� CJS' By: Chris Fabian Printed Name and Title: Chris Fabian Co -Founder, ResourceX Address: 4603 W. 33rd Avenue Denver, CO 80212 Page 4 of 4 NIMAIROOMOION Exhibit A ONLINE PRIORITY BASED BUDGETING POWERED BY: f resource's4 red) poling fiscal arialy:tcs ".111.1111011111.110, PRIORITY BASED BUDGETING eP1313 CENTER FOR PRIORITY BASED BUDGETING A Proposal and Agreement for The City of Tukwila, Washington NINE MOW, eASED BUDGEING re oiieX 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 180 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. 140 120 i 100 0 Num0er of Organizations Served RaprosnntatIve Maribor of Citizens Bana (ting 5,201,720 4,349.109 0,430,202 1.5,1135,0711 14,014,320 '13,350,93 10.935,4 7 0 0,1.92,209 2007 2008 2008 2010 2011 2012 2013 2014 Propelling Progress Together — The Power of Community 2015 2016 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 Engagement in Government Budgeting 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." PBB CENTER FOR PRIORITY BASED BUDGETING R„Eul s,x�r. resourceN 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: Identifying Programs- We will provide you the "Program Inventory Starter Kit" and be prepared from a consulting perspective to assist in identifying programs and provide guidance and feedback on what programs should look like (not too big and not too small). We'll work on the assumption that you have already created the reporting and tracking tools for this step. Program Costing- ResourceX will provide Program Costing training session to staff who will be responsible for filling in the data into the Program Costing Template. This step identifies and allocates a cost to each city program. Typically staff from the budget office are involved in the task of developing "fully loaded personnel costs" while the departments are responsible for allocating staff to programs. Program Scoring & Peer Review- ResourceX will provide a Program Scoring training session to those participating in scoring, instructing departments how to assign appropriate scores. We will provide customized "Program Scorecards" for each department, including the department's program inventory, and the appropriate scoring criteria. As departments engage in the process of scoring their programs, ResourceX provides coaching and guidance along the way, helping the departments with questions about how to assign their scores. ResourceX will provide a Peer Review training session for those who are participating on Peer Review teams. We will help the City identify who the most effective Peer Review team members could be, and then train each team as to how to evaluate scores from other departments (this will include: how to ask departments for more info, and how to complete the Peer Review template). As Peer Review team members complete the Peer Review process, ResourceX is available to each team to help them through the process of evaluating the scores of other departments. €1PBB CENTER FOR PRIORITY BASED BUDGETING resource', 3 Approach to implementation, Scope and Timeline Your implementation process is built around major steps, each with clear milestones along the way. Overview, Program Inventory and Costs Project Kick-off and Program Inventory Training "Workshop" Webinar Training: 1-1.5 hours ResourceX Role and Workload: To launch your implementation, ResourceX will provide an initial webinar together with your team, consisting of an overview of the implementation process, in addition to the following key project planning points: • establish a project timeline • review the key data we'll collect from your financial system, as well as your personnel system • clarify the roles and workload of your organization, as well as our role in providing support services ResourceX provides a "starter program inventory" for the departments to work from and a training on how to identify "programs" at a level most effective for PBB. The "starter program inventory" is built from the PBB Database of over 75,000 programs, customized to match with their department, and significantly easing the workload for departments to complete this first task. Super User (PBB Data Officer): One of the key objectives of our first meeting will be to identify the "Super User(s)" in your organization who will be the primary resource to coordinate with our team for the management of the project. The Super User(s) will gain the benefit of being trained on all aspects of the OnlinePBB software, and achieve mastery of Priority Based Budgeting concepts, sufficient to lead the process in future years. Tukwila Role and Workload: City staff will be relied upon to help set up the presentation logistics (audio and visual), and to distribute the Program Inventory Template (to each department), presentation slides and the recorded webinar. ,c( PBB CENTER FOR PRIORITY BASED BUDGETING resource` 4 Departments Refine Program Inventories Departments Given: 1-2 Weeks ResourceX Role and Workload: ResourceX provides individualized support to the departments as they work on their program inventories. Often times, departments may request a conference call with ResourceX, or exchange email with ResourceX to help address specific questions. Tukwila Role and Workload: Each department will be responsible for refining and completing their Program Inventory and submitting this to ResourceX. Departments are given 1-2 weeks to complete this task, even though the workload anticipated is between 8-16 hours (departments are given extra time, in order to fit this effort in among their normal job duties). Program Costing Program Costing Workshop Webinar: 45 mins - 1 hour ResourceX Role and Workload: ResourceX will provide a Program Costing training session to staff who will be responsible for filling in the data into the Program Costing Template. ResourceX will provide customized Program Costing templates for each of the City's departments (or divisions), as well as a recorded version of the webinar the City can refer to. Tukwila Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Costing Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 45 minutes to 1 hour for the training. Departments Develop Program Costs Departments Given: 1-3 Weeks ResourceX Role and Workload: ResourceX will be available during to assist staff during the process of developing program costs. Typically, departments will email ResourceX with questions, or schedule conference calls with ResourceX in order to strategize about the Program Costing template, and the easiest way to fill it out. Tukwila Role and Workload: Those who are involved in the task of completing Program Costing are given anywhere from 1 to 3 weeks to complete this task. Typically staff from the budget office are involved in the task of developing "fully loaded personnel costs" while the departments are responsible for allocating staff to programs. c®PBB CENTER FOR PRIORITY BASED BUDGETING resqurce3t 5 Program Scoring Workshop Webinar: 1-1.5 hours ResourceX Role and Workload: ResourceX will provide a Program Scoring training session to those participating in scoring, instructing departments how to assign appropriate scores. ResourceX will provide customized "Program Scorecards" for each department, including the department's program inventory, and the appropriate scoring criteria. ResourceX will also provide the recorded webinar. Tukwila Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Scorecard Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 1-1.5 hours for the training. Departments Participate in Program Scoring Process Departments Given: 2-3 Weeks ResourceX Role and Workload: As departments engage in the process of scoring their programs, ResourceX provides coaching and guidance along the way, helping the departments with questions about how to assign their scores. Typically, departments email ResourceX or schedule conference calls to strategize about the most appropriate way to assign scores. Tukwila Role and Workload: Departments are given 2-3 weeks to complete their Program Scorecards, and they are encouraged to involve staff leadership at all levels in this process. While they are given several weeks, the actual workload anticipated should be anywhere from 16-32 hours total time, depending on how involved they choose to make their own staff. Peer Review Workshop Webinar: 1-1.5 hours ResourceX Role and Workload: ResourceX will provide a Peer Review training session for those who are participating on Peer Review teams. ResourceX will help the City identify who the most effective Peer Review team members could be, and then train each team as to how to evaluate scores from other departments (this will include: how to ask departments for more info, and how to complete the Peer Review template). Tukwila Role and Workload: City staff will be relied upon to help set up the webinar logistics (audio and visual), and to distribute the Program Review Template (to each department), presentation slides and the recorded webinar. Those who participate in this webinar should allow for 1-1.5 hours for the training. ePBB CENTER FOR PRIORITY BASED BUDGETING 6 Peer Review Teams Participate in Peer Review Process Departments Given: 2-3 Weeks ResourceX Role and Workload: As Peer Review team members complete the Peer Review process, ResourceX is available to each team to help them through the process of evaluating the scores of other departments. Typically, ResourceX exchanges in email correspondence and phone calls to assist the work of the Peer Review teams. Tukwila Role and Workload: For those staff participating in Peer Review, they will learn how to structure their time around a recommended 3-5 meeting process, where each meeting should last about 1-2 hours (and no meeting lasting longer than 3 hours). Therefore, at most, participants should plan on 15 hours of meeting time devoted to Peer Review (and at least about 6-9 hours). City Finalizes Peer Review City Given: 1 Week ResourceX Role and Workload: When each Peer Review team has submitted their recommended scores (including scoring changes), and as each department has completed their Program Scoring templates, ResourceX collects the information from the City and ensures that all information is complete (and/or follows up with the City if any information is missing). Tukwila Role and Workload: City staff will be relied on to collect the information from the Peer Review teams and provide a cursory quality control of the information to make sure it's complete, and then send it to ResourceX. Determine Final Program Scores, Quartile Rankings ResourceX Given: 1-2 Weeks ResourceX Role and Workload: ResourceX applies it's scoring methodology to calculate final program scores for each of the City's programs, and performs an analysis on each of the programs to determine final "Tier Rankings." ResourceX will begin the process of loading this information into the City's final Resource Alignment Diagnostic Tool (the final deliverable of implementation). Tukwila Role and Workload: City staff will have minimal involvement here. ResourceX may reach out to staff to ask questions where data is missing or in question. C, P B B CENTER FOR PRIORITY BASED BUDGETING resothce*/� 7 Issue "Peer Review Exception Report" to the City ResourceX Given: 1-2 Weeks ResourceX Role and Workload: ResourceX will not only evaluate programs on the basis of the Peer Review recommended scores, but also on the scores that Departments provided in their self-assessment. Comparing these scores, ResourceX will develop a report that identifies where the impact of Peer Review resulted in a different "Tier Ranking" for any program, compared to the department score. Tukwila Role and Workload: City staff will receive the "Peer Review Exception Report" and be given the opportunity to follow up with both the departments and Peer Review teams to review programs that changed tiers. Typically this process is conducted within a 1 week time period, giving departments an opportunity to explain their scores, and giving Peer Review the same opportunity. E Rif act Create PBB Model: Resource Alignment Diagnostic Tool ResourceX Given: 1-2 Weeks ResourceX Role and Workload: ResourceX will create a customized Resource Alignment Diagnostic Tool for the City, that will include each of the City's programs, program costs, tier ranking, and scoring criteria. Tukwila Role and Workload: City staff will have minimal involvement here. ResourceX may reach out to staff to ask questions where data is missing or in question. Provide Model "Preview" to City Team ResourceX Given: 1-2 Weeks ResourceX Role and Workload: As soon as the Resource Alignment Diagnostic Tool is completed, ResourceX will provide a presentation to City staff in order to demonstrate the results of the City's work, as well as the functionality of the Tool, before presenting it to The City Council (if requested). Typically this gives the City staff first opportunity to review the data and ensure it's appropriate for presenting the information further. Tukwila Role and Workload: City staff will be asked to reflect on the presentation of the initial Resource Alignment Diagnostic Tool, and provide feedback to ResourceX where any data is in question or in need of revision, prior to presenting the Tool further. ePBB CENTER FOR PRIORITY BASED BUDGETING resourceyX G . p 8 Present Final Model to Staff and/or Elected Officials On -Site or Webinar: 1-2 hours ResourceX Role and Workload: There are various options open to the City in terms of presenting the final Resource Alignment Diagnostic Tool to elected officials. ResourceX typically provides a webinar presentation to elected officials to coach them as to their role in effectively using the Tool, and helping portray the power and use of the information that has been created through the implementation process. An additional on-site presentation may be requested for a fee. Tukwila Role and Workload: City staff will be asked to strategize with ResourceX as to how best to present the City's Resource Alignment Diagnostic Tool to elected officials and/or a larger staff audience. City staff will also receive training on the use of the Tool, how to incorporate the information into the City's budget process, and how to communicate the data to the public/community (if desired). *Your organization's timeline for implementation is totally in your control. ResourceX will help you design your timeline to meet the needs of the organization. If you have a more pressing need to implement PBB in less time, please let us know and our team will help design an implementation path that will accommodate your schedule. fPBB CENTER FOR PRIORITY BASED BUDGETING ONLMF PFroo„ .5E0 BUDGETING resource) 9 Implementation Plan and Approach to Pricing Once the October 2017 start date for the project is confirmed, ResourceX will work with you to develop an implementation timeline that normally spans a three to four 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 this project with the City of Tukwila is $30,500.00. Upon execution of contract, ResourceX requests $15,000 payment within 30 days of execution of contract. The remaining $15,500 will be due within 30 days of successful completion of entire scope of work and project. ePBB CENTER FOR PRIORITY BASED BUDGETING resourceX 10 Project Timeline This Agreement shall commence on , and shall remain and continue until project completion, unless sooner terminated pursuant to the provisions of this Agreement. THIS AGREEMENT is made and effective as of , between The City of Tukwila and Resource Exploration. The parties agree as follows: Resource Exploration City of Tukwila, Washington Date: Date: By: Chris Fabian Co -Founder By: Title: By: Title: (PBB CENTER FOR PRIORITY BASED BUDGETING 0.4Pte,,,s; BUDG�,e- resource, 11 ePBB CENTER FOR PRIORITY BASED BUDGETING 12