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HomeMy WebLinkAbout21-151 - Una McAlinden dba Creative Strategy Solutions - Design & Virtual Facilitation Services: P&R Departmental Planning SessionsCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21-151(b) Council Approval N/A CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Una McAlinden That portion of Contract No. 21-151 between the City of Tukwila and Una McAlinden (dba Creative Strategy Solutions) is hereby amended as follows: Section 2: Duration of Agreement; Time for Performance. The time for completion of the project is extended from March 31, 2022, to May 31,2022. All other provisions of the contract shall remain in full force and effect. Dated this 16th day of March , 2022 CITY OF TUKWILA CONSULTANT Key: eSIDIDgbee070,16.1.1,30,6,1,11,G106,2 Allan Ekberg, Mayor 3/16/22 Una McAlinden, Principal Creative Strategy Solutions Attest/Authenticated: Oh y ./( Bey City Clerk, Christy O'Flaherty CA Reviewed May 2020 Approved as to Form: oe.Qawce Office of the City Attorney Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number:21-151(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Una McAlinden That portion of Contract No. 21-151 between the City of Tukwila and Una McAlinden (dba Creative Strategy Solutions) is hereby amended as follows: Section 2: Duration of Agreement; Time for Performance. The time for completion of the project is extended from December 31, 2021 to March 31, 2022. All other provisions of the contract shall remain in full force and effect. Dated this 5th day of November , 20 21 CITY OF TUKWILA CONSULTANT C71(laW Shoe/kg Key: adc,c10,c100,5,500,2,522.2f30a,tlf Allan Ekberg, Mayor APPROVED AS TO FORM oe.awce- 11/05/2021 Office of the City Attorney CA Reviewed May 2020 7/46 MCC '4 Wdel't Ke}: YDJOblcISIDeJfIa.2.21a1,5,51ca0e,1.2a_b Una McAlinden, Principal Creative Strategy Solutions Page 1 of 1 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 21-151 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City ufTukwila, VVanhing1on, hereinafter referred to as "the City", and Una McAlinden (dba Creative Strategy Solutions), hereinafter referred to as "the Consu(tan[, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Design &Virtual Facilitation services in connection with the pjautt0edP&R Departmental PlanningOessiona. 2. Scope of Services. The Consultant agrees to perform the nen/ioee, identified on Exhibit "4~ attached haoatn, including the provision of all labor, rnabehe|n, equipnment, and supplies. � Duration of Aqreement; Time for Performance. This Agreement shall be infull force and effect for a period commencing upon executian and ending December 31,2O21.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 November 3O.2021 unless an extension of such tirne 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 $22,500 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 arnount approved. C. Fina paymerit of any balance due the Consuttant 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. O. Payment as provided in this section shall be full compensation for work performed, services rendered, and for aH materials, $upphes, equ|pmnent, 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. {i Ownership and Use of Documents. All documents, drawings, soen�oat�nn, and other materials produced by the Consultant in correction with the services rendered under this Agreement shall be the joint property of the City and the Consu|tontxvhetherthe project for which they are made is executed or not. The Consultant ahaU � ba permitted to ratmincopies, including reproducible cop|ea, of drawings and specifications for )nformaUom, reference and use in connection with the Consutant's endeavors. The Consultant shall not beresponsible for any use of the said dncumonts, drawings, npecifinoMonV, or other materials by the City on any project other than the prject specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Aonsement, faithfully observe, and comply with all feUena|, otate, and local /ovvs, ordinances and regulations, appricabie to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indennnifv, and hold the City, its ufhnena, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting the acts, errors or onniooionmof1heConau|tantinpmrformnanceufthisAgreernem[exceptfori juries 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, inthe event of|iabi/�injury to persons or damages to property caused by or resulting from ths concurrent negUgence of the Consultant and the City, its oMicona, offinim|a, 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 shafl survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agnaement, insurance against claims for iuheotoAersmnsordonlagetoprppertywhichnnayahsefrnrn or in connection with the performance of the work hereunder by the Coneo(tart, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shaU not be construed to limit the Iiability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy avai1abe at law ar in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the Iirnits described below: 1. Automobile Liability insurance with a minmum combined single Iimitfor bodily injury and property damage of $1.000.000 per accident. Automobile Liability insurance shaU cover all nwnad, 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 iiability coverage. If necessary, the policy shafl be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggre1 Commercial Genera Liability insurance shali be at Ieast as broad as ISO occurrence forrn CG 00 01 nd shall cover liability arising from premises, operations, stop'gapiodependantoont[actonS and personal ijury and advertising i'ury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsernerit at least as broad as 130 endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the !ndustrial Insurance laws of CA revised May 2020 Page 2 B. Public Entity Availability Contractor Limits. if the Contractor maintains higher limits itsOlan theminimums shownthePublic E� full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidence limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial Liability insurance policies are to contain or be endorsed to contain that they shall be primary insurance with resto the CiAny Insurance, self-insurance, or insurance pool coverage maintained by the City shaJl be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of lnsurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: \U/. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory ondonaamentn, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon retbytheQb/,the{�nn$u|tantohaDfurnioh certified copies of all required insurance policies, including —dormwnlents. required in this Agreernent and evidence of all subcontractors' coverage. F. 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. G. 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 terrninate 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 entifled to any benefits accorded City empioyees by virtue ofthe 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 Consu!tant, 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 Consultent, to solicit or secure this contract, and that he has not paid or agreed to pay any company or peroon, other than a bonafide employee working solely for the Consultent, 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 oonaidersdion, or otherwise renover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contrector, with regard to the work performed by it under this Aoraammmnt, will not discriminate on the grounds of race, re|igimn, unsed, cn|or, national ohg/n, age, veteran status, sex, sexual orientation, gender identity, marital status, political affi|iaUon, the presence of any disability, or any other protected class status under state or federal |avv, in the selection and retention of employees or procurement of materials or supplies. oxrevised May znzn Page 3 12. Assignment. The Consultant shall not subet 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 mernber, partner, or officer of the Corisultant, or any of its supervisory personnel assigned to the pject, 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 Consurtant and the City if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shaH be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local |ovvm, re8V|a1iuns, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila, In the event any suit, arb|batioo, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shali be properly Iaid in King County, Washington. The prevaiJirig 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 ali other provisions shall remain fully enforceable. The provisions ofthis Agreement, which by their sense and context are reasonably intended to survive the comp|ebum, expiration or cancellation of this Aoreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the foliowing address: City Clerk City of Tukwila 62OQSnuthcenterBoulevard Tukwila, INA 98188 Notices to Consultant shall be sent to the foliowing address: Una McAlinden DBA Create Strategy Solutions 17O24NE31eCourt Bellevue, WA 98008 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 msgo1iotiono, repnoaentations, 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 May 2020 Page 4 TG DATED this 11th day of October 2021 CITY OF TUKWILA CONSULTANT eSigned via Seamlessrsscs.com C7/(Lezz 6A-Ge/g Key: a.1.2631,secISSSecle,,,f1,5,1,,,,OSSID Allan Ekberg, Mayor 10/11/2021 (246,2, 61,eryte->ki.ie-te2"e4-& By: Una McAlinden, Principal Creative Strategy Solutions Attest/Authenticated: Approved as to Form: eSigned via Seamlessrsscs.com Ch4zag C36/(etheyetz"Tg Key: e0e,Scr,J5c15c1,,,,cliaSercISJS0c10 e..gnea via .seamlessDocs.com cj' oe. (1,5)adi-eK Key: aeff:1721,13,Sbe,,,,,leSeal,31,1 City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 EXHIBIT �� _-' ' ~ ~ J[�f��[];��' Pre -Session P[amming Desgiu How will this planning process proceed? Prior to the first session, the Client will gather existing relevant background products and related data and Consultant will review. Client will provide information about the depariment structure and work with the Consultant to decide format for potential asynchronous collection of information (data, accomplishments etc) and staff input in advance of the planriing meetings. Phase 1: Assessing our Environmental and Organizationa Situation 1,1/hat isour current situation and ,!/1-hafactors Might ii,r7pact 01.1r work? We begin the group work by establishing a common understanding of the department and its curren context. Appropriate data sources (including information collected from participants asynchronously) will be explored through a structured process to collectively discern the implications for the department, surface strengths/areas of encouragement as well as areas of concern. Topics may include organizational capacity and culture, infrastructure and programming, external or internal stakeholder percepons, financial profile, and other issues particularly relevant to the department. At the end of this phase, staff will have documented a shared snapshot of the current situation and explored trends that could impac(adversely or positively) their worahead and will have identifiod initial action steps that might build on opportunities or mitigate risks. Phase 2: SmrfaongPriorithes yNhaipoioritiss anseorerging/b/ our olepanfine/t/Ynat See1o,5nros1 critical? In this phase, staff will review potential actions captured in Phase 1, identifying emerging themes, connecting the actions that are seeking to address the same issue or which have a common goal. Across the course of Phase 2, the staff will identify the areas of priority that seem most critical for Tukwila Parks and Recreation Departrnent 10 address at this point in time. SmaIl groups work intermpxed with large group discussions will ensure that all perspectives are included, and a robust sense of consensus emerges with shared criteria tor prioritizing the department's focus. Critical to the plan focus will be the identification of the priority areas that will enable the city and specifically the department to re-establish its equilibrium in a world where the ongoing pandemic continues to impact how we operate and function as a community. Phase Devoopingam*aplenaemkationPlan What' /oour specific m7OZ.73cx77L.710 ecrnplisi2mcnts In 20,22? At this point, work shifts to developing an action plan that will guide the department in the year ahead. Together, department teams will develop clear step-by-step action plans for the most immediate priorities. We will identify success indicators and key achievements, build a high-level timeline for 2022 implementation, identify roles and responsibilities, and align the available resources. To ensure accountability, we will build in quarterly benchmarks to document progress and reassess the plan. The final product is a collection of detailed implementation plans ready for immediate action. Staff will leave with clear next steps to launch the plan and will each understand their individual roles in execution and success of the plan. Creative Strategy Solutions 1 Proposat to the City of Tukwia, Parks & Recreation Department For each session, S'iT a 'cagy S o utio n s will move through the following steps: Planning & Design Consultant Work Activities Client8eapmnobi8t�a Deliverables ^ Complete initial needs assessment " Confirm participants & any accommodations • Confirm session goals and outcomes • ldentify appropriate processes, draft oQendmo, and roles • Confirm arid contrbute to logistics: virtual platforms, scheduling, messaging • Gather planning team • Coordinate planning meeting logistics and platfarms • Participate in pienning and design meetings as needed ^ Provide relevant background information and documents Session agendas Detailed facilitation plan Confirmed logistics Workspace Creation Consultant Work Activities Client Responsibilities Deliverables • Creato all needed workspaces on selected platform • Complete revisions as needed, alter client review • Provide for consultant access to selected technology platforms, if needed • Review draft workspace Prepared virtual workspace ' Planning Consultan o k Activities Client RespnmkNhties Deliverables ~ Deliver planined sessions including virtual production • Provide documentation to client atter each session ^ Monitor asynchronous space between sessions • Arrange evenlogistics ~ Participate in facilitation or virtual production as agreed upon during planning Facilitated planning sessions, Completed plan Docurnentation and Follow Up onsultant Work Activities Client Responsibilities Deliverables , • Meet with client tor debrief • Participate in final debrief ^ Distribute and complete post- anm|ngaumeyifnaqumsted Not applicable Creative Strategy Solutions 1 Proposal (0 the City of Tukwda, Parks & Recreation Departrnent EXHUBNT CvacrireSiTotagy:jo|uionsprovides planning design and facilitation services using the Technology of Participation approach. This is a highly contextual, customized, and situationally adapted process, often requiring two facilitators for in-person delivery and always requiring two facilitators in virtual settings. The fee for this project is $22,500 and specifically encompasses the following: ° A highly skilled certified ToP facilitator as co -designer with the department liaison � An additional facilitator providing production support in every virtual session � Design conference(s) with key team or department tiaison, throughout • Review of relevant background and compiled materaIs • Process overview and individual sessions desigri and development O Review of the prior work product as each subsequerfl session is desgned • Virtua workspaces creation for each session • Facilitating sessions, including advance support and platform onboarding • Communications with project liaison throughout • Timely provision o session documentation • Debrief with project iaison and Ieadership The fee has been broken out across the proposed sessions below. lyh.fooUivleefing C:omsidarotio75 In the virtual environment, every session must have co -facilitation and robust production support because of the added complexities of operating in multiple platforms and the need for behind -the -scenes co-ordination of breakout rooms, tech support to participants, monitoring of chat, and other synchronous requirements that allow a virtual session to be inba,activo, pnoduoUve, gUtch'hee, and ef(ective for the participants. Phase Primary Activities Fee Pre -session: Planning, Preparation &Process Design CSS will carry out detailed plannrng and timeline developrnent in coltaboration with department Iiaison to determine the specitic 1 design and high-eveJ objecUves for each session. $1,580 Phase 1: Assessing our Environmental and Organizational Situation CSS will design and facilitate highly interactive and engaging sessions lhat culminate in the devetopment of the Tukwila Parks and Recreation 2022 Action Plan. Activities to ensure erfective and productive sessions will require, for each session: ° Codesign of the session with city design team • Development of detailed taciFitation procedures • Production and technicat design • Oevelopmerit of participant agenda • Creation of the visual workspace • FacUitahon and production of the session • Documentation of the work product " Reflection with the parlicipants • Debrief and review of the evaluation feedback $7,000 Phase 2; Surtacing Priorities 1 $7,000 Phase 3: Developing the 2022 Plan $7,000 Total $22,500 Creative Strategy Solutions 1 Proposal to the City af Tukwila, Parks&Recreation Department