HomeMy WebLinkAbout19-003 - BERK Consulting - Older Adult Recreation and Services Needs AssessmentCity of Tukwila Contract Number: 19-003
6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval NIA
(D
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to
as "the City", and BERK Consulting (BERK), 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 consultant services
in connection with the project titled Older Adult Recreation and Services Needs
Assessment.
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 March 30, 2019, 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 March 30, 2019, 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 provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $39,749 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.
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
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.
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 at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO CG 20 26.
CA revised December 2016 Page 2
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 Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
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.
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. Contractor, 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,
CA revised December 2016 Page 3
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. 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.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
Tukwila Parks and Recreation, C/O Stephanie Gardner
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
BERK Consulting
220 Sixth Avenue, Suite 1000
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.
CA revised December 2016 Page 4
DATED this C/ day of fl 44 0— 120
,j
rej ■ I • aw ►1
Approved as to Form:
City Clerk, CKristyVFIaHerty
CONSULTANT
Printed Name: Lisa Grueter
Title: Principal
CA revised December 2016 Page 5
January 3, V . 9
Exhibit A
Scope of Work j City of Tukwila Older Adults Recreation & Services Needs Assessment
BERK will conduct a kick-off meeting with the project team to build a common understanding of desired
project outcomes, proposed schedule, and how we will work together to ensure success. This meeting will
feature a substantive discussion of the information needed to make informed recommendations for an
Older Adults Recreation and Services Needs Assessment. We will discuss the effective and efficient use of
the stakeholder and staff work group, timing and objectives of the public outreach and engagement, and
relevant background information and context. This will occur in January.
Given the quick pace of this project, we highly recommend a brief weekly check -in between the City lead
and BERK project manager. Additional staff may join as needed. This type of regular communication
helps to keep the project focused and moving forward.
0 Kick-off Meeting Agenda
a Weekly Check -ins
SSESSMENT AND INVENTORY
The objective of the situation assessment is to gather demographic, economic, social, and health data to
better understand and forecast potential demand for recreational services for older adults in Tukwila.
The situation assessment will include collection of both quantitative statistical information and qualitative
information from service providers. While information and analysis needs will be finalized collaboratively
at the kick-off meeting, we anticipate the assessment will include:
a Population and demographic characteristics for the current senior population (55 plus) and the future
senior population
Census data on place of birth and languages spoken to better understand the diverse population of
the city
Updated information on household income
Public transportation options (current and planned)
Usage data for existing recreation programs, events, and services for older adults provided by the
City
Access to care, health risk factors, and chronic disease incidence(s)
BERK will inventory providers that deliver recreation, transportation, and social services to older residents
in Tukwila through a series of phone interviews and publicly available data on provider location. This
provides both an opportunity to collect key data and discover community contacts, local leaders, and
alternate resources that can be used for public engagement and implementation. Interviews would help
us to understand the range of services available to residents of Tukwila, whether delivered in Tukwila or
in adjacent communities. We would also conduct qualitative interviews with staff from the City. Questions
would also explore the adequacy, cost, and quality of the services. As part of the interview process we
anticipate contacting organizations that serve diverse communities in Tukwila such as: Tukwila School
District Liaison program, Asian Counseling and Referral Service, Catholic Community Services, East African
Community Services, El Centro de la Roza, Hopelink, Somali Community Services Coalition, Neighborhood
House, Vietnamese Friendship Association, Nepal Seattle Society, and others. Interviews with these trusted
community advisors should also help us better understand different cultural expectations around caring
and serving older adults.
It is expected that the Situation Assessment will be primarily conducted in January, with a draft document
available for staff review in February. Finalization of the Situation Assessment will be included in the
draft Needs Assessment document in Task 4.
Task 2 Deliverable --
Provider Inventory
Draft and Final Situation Assessment
. — OU REACHFNGAGEMENT
Following the kick-off meeting we will finalize plans for outreach and engagement with City Staff by
identifying the audience(s), method(s) of engagement, and objectives for planned outreach and
engagement activities, along with BERK and City roles in supporting these activities. Outreach and
engagement would take place over an approximately three-week period in February with the potential
for some follow ups in March if needed. If King County allows the funding for this project to be extended,
engagement may be expanded into March.
A key focus will be to reach and hear from older adults with diverse racial, ethnic, linguistic, and socio-
economic backgrounds. Given the nature of the information we need for this project, the typical profile of
respondents to online or phone surveys, and the timeline of the project, our initial recommendation is to
use a combination of high touch, in person engagement methods to elicit input. Leveraging contacts made
and information gathered in the situation assessment, BERK would lead a series of community meetings
and focus groups to determine the social and recreational needs and desires of a diverse range of older
adults in Tukwila. Community meetings could be held in the Community Center, or other locations, in
coordination with an existing event or program for older adults.
Focus groups would utilize trusted community advisors and interpretation services to discuss needs with
older adults from immigrant and refugee communities that speak Spanish, Somali, Vietnamese, Burmese,
Nepali, or other languages. Ideally focus groups would be held in established locations where people
from these cultures feel comfortable such as religious facilities, restaurants, or other community gathering
spaces. Another option would be a focused use of intercept surveys at community locations popular with
older adults and/or ethnic communities. This could include the list of established locations above but may
also include other community facilities such as the library, food bank, or grocery stores.
i RAFT a wary 3, i10119 City of Tukwila I Older Adult Recreation & Services Needs Assessment
Outreach and Engagement Plans
Focus Groups and Public Engagement Materials
Engagement Summary
ASK 4 s DRAF. AND FINAI NELEDS ASSLESSMENT
City of Tukwila staff is in the process of identifying a working group to support this project. Members of
the working group may include city staff, elected or appointed officials, service providers, members of
the public, and representatives of stakeholder groups. Upon completion of the Situation Assessment and
Inventory and the public engagement process, BERK would conduct a half -day workshop with the working
group. The purpose of the workshop would be to develop a vision and goals to guide the City's
recreation programs and services for older adults and to identify preliminary strategies and benchmarks
for implementation. The target date for this workshop is March (early March if there is no time extension
from King County).
The Draft Needs Assessment will pull together direction from the workshop and information from the
Situation Assessment and Inventory, and engagement activities, to develop recommendations for
prioritizing and implementing recreational services. This will be paired with an estimate of costs involved
in maintaining and expanding services for older adults. Comments and changes will be incorporated into
a Final Needs Assessment to be presented to City Council. A draft will be presented to staff with a
minimum of one week for review and comment. Staff will provide a consolidated list of comments. If the
timeline for the project is extended by King County, additional time may be spent on drafting, review,
and finalization of the Needs Assessment.
Task 4 erables
Draft and Final Needs Assessment
s DRAFT lanuory 3= 2019 City of Tukwila I Older Adult Recreation & Services Needs Assessment
Exhibit B
Fee Schedule
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CA revised December 2016 Page 7