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HomeMy WebLinkAbout22-096 - Una McAlinden dba Creative Strategy Solutions - Design & Virtual Facilitation Services: City of Tukwila Arts Strategic PlanCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 22-096 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Una McAlinden (dba Creative Strategy Solutions), 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 Design & Virtual Facilitation services in connection with the project titled City of Tukwila Arts Strategic Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2022, 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 30, 2022, 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 $26,500 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 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 correction with the services rendered under this Agreement shall be the joint property of the City and the Consultant 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 endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the 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 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. E. 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. 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 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, 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. CA revised May 2020 Page 3 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: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Una McAlinden DBA Create Strategy Solutions 17024 NE 31st Court 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 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 May 2020 Page 4 PMM DATED this 18th day of August , 20 22 CITY OF TUKWILA CONSULTANT Allan Ekberg, Mayor 08/18/2022 By: Ka, 7Saea.1760,11e55,1e,a6e0c6.1yey7,d Una McAlinden, Principal Creative Strategy Solutions Attest/Authenticated: Approved as to Form: /t4ezt-y O y Ka,. GefCcPlUaLPla,JUSel,,a01,,c17,5,1c1 City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 Origin u i 0 \!%\1.1 11\171! 11 Mit no 8111 SS City of Tukwila Attn: Michael May, Parks & Recreation 12424 42nd Ave S Tukwila, WA 98168 N1SU A AC A June 8th, 2022 Dear Michael, Thank you for the opportunity to submit a proposal to the City of Tukwila for the development of a Cultural Strategic Plan. Operating as Creative Strategy Solutions, I am a certified Technology of Participation facilitator, highly experienced in designing and facilitating dynamic and proactive decision-making sessions for government clients, at the state, regional, and city level. By creating a Cultural Strategic Plan, the City of Tukwila will put in place: • a shared vision which will guide both operations and services • clear strategic directions which will provide a focus and structure for annual planning • a strategic framework within which to define and structure budget • an implementation plan with clear roles and responsibilities and shared accountability All planning allows a group to prepare for change consciously and intentionally. Strategic planning focuses on the most critical issues of a community or public serving agency and identifies high level directions that allows the entity to renew and reposition itself, preserving its vitality and momentum, along with its uniqueness. The resulting plan sets the course and provides a clear, shared framework within which the community can thrive and grow. To support my proposal, please find attached: Proposal Details & Deliverables Scope of Work Strategic Planning Fee Breakdown Additional Terms Creative Strategy Solutions has a wide array of experience working with City Councils, City Managers and Administrators, Mayor's Offices, and other public serving agencies who operate in this unique public -facing role. We are passionate about supporting their leadership and commitment to serve their communities in ways that best represent the needs and interests of their constituents. I welcome your comments and questions so that I can adjust to meet your needs. Should you have any questions or needed clarifications, please do not hesitate to contact me directly. Sincerely, Lina en Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 2 uiuu uuu»I II IUuuuii i ul II IIIIIIIIl louul» II II I I� I� II �����I .1111 IIIIIIIIII�III II���IIIIIIIIII� III,»I I � ��� �1 �� 1��, 1 I� Illil� I�111 II�11111111�11�111IIIII��IIIIII�III I `�»»»»»������� »««» � �"`�» 1111111 » «III«» IIII�I � 1� ,I I Ili�lll�llllliiiiiiil�liliiiiiili�llllll�il� tit Cq IIIIIIIII�I 19911111 1� III i ood IIIIIIII�I What I propose below is a draft outline that would be adjusted in consultation with the design team. Rh se 1 • Gather background information and relevant data. • Meet with the design team and determine high level objectives, process guidance and choice of virtual platform(s). • Identify participants to ensure a broad range of perspectives, backgrounds, and experience. • CSS produces draft agendas for the overall process and maps out each individual session. • Set up an orientation to the platform of choice. Using a combination of Zoom (or alternate Video Conference technology) and Miro (or alternate visual workspace), CSS team will together facilitate a series of sessions to co -create the essential elements of your cultural strategic plan product. The sessions can occur over a number of days, weeks, or monthly to align with existing meeting structures, or can be more tightly scheduled. Session(s): Environmental Scan & Developing Shared Context P » ipose. To better understand the context, and the internal and external pressures and opportunities that should shape strategic thinking, the CSS team will provide a minimum of one facilitated workshop, recommended two, to conduct a context audit and trends analysis. Options for this would include: • Identifying essential initiatives, challenges, and strategic opportunities and essential context factors. • Participatory environmental analysis using a Wave trends analysis to identify key leverage points. A visual document telling the story of where we are in this historical moment, and/or a trends analysis summary with clearly articulated implications for how that should inform our planning for the future. Session: Practical Vision P » ipose. To re -anchor to our shared purpose and align around what we want to see in place in 3 to 5 years as a result of our efforts together. To name key elements of what we want to put our efforts towards, to better serve our constituents, shaped by the context analysis done in the prior session. A practical vision framework robustly described with four to seven overarching goals that reflect the consensus of the group and draft success measures that build a structure for accountability. Session: Underlying Contradictions P » ipose. To identify the cultural, behavioral, institutional, and systemic barriers that block progress and inhibit the community's ability to achieve its practical framework. To acknowledge patterns that no longer serve us, becoming clear about root causes vs. symptoms, and have a shared sense of relief in naming these limiting factors for consideration. To articulate them in a way that invites a new relationship to them and prompts creative solutions thinking. Well -described contradictions that will catalyze targeted action. Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 3 Session: Strategic Directions Pip geo To co -craft strategies that will address our contradictions and achieve our vision. In order to build commitment to and ownership of the plan, shift from a competition of ideas to the identification of shared intents that can undergird overarching strategies that will then anchor the strategic actions. To ensure our thinking is grounded in the current reality but encouraging both innovative interventions as well as reinvestment in the most impactful approaches. The draft Cultural Strategic Plan, which in addition to Vision and Contradictions, would include these three to five overarching Strategic Directions. 111'1111 se 3 The transition to Implementation Planning can provide a new opportunity to expand the team again as a broader group of team members can be engaged in co -creating the implementation. This will be a 3-4 hour session and requires the participation of those who will be carrying out the implementation of the plan. Pipose. To build the tactical clarity and momentum for the plan implementation. To engage the staff across different partner groups who will be responsible for plan implementation in the process of designing its rollout. To ensure thoughtful systems for monitoring and accountability are set up and Strategic Direction teams have the resources they need to succeed. Success measures and prioritized benchmark deliverables for each Strategic Direction. A detailed implementation timeline for the first year, including accomplishments by quarter with Leads and implementation teams named, deadlines articulated, and coordination mechanisms identified. Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 4 Sc e fW For each session,I"III"III "III"IIIA"III"y SSC"III"Illlli"tS will move through the following steps: Planning & Design Consultant Work Activities Client Responsibilities Deliverables • Complete initial needs assessment • Confirm participants & any accommodations • Confirm session goals and outcomes • Identify appropriate processes, draft agendas, and roles • Confirm and contribute to logistics: virtual platforms, scheduling, messaging • • • • • Gather planning team Coordinate planning meeting logistics and platforms Participate in planning and design meetings as needed Provide relevant background information and documents Develop outreach communications & recruit participants Session agendas Detailed facilitation plan Confirmed logistics Workspace Creation Consultant Work Activities Client Responsibilities Deliverables • Create all needed workspaces on selected platform • Complete revisions as needed, after client review • • Provide for consultant access to selected technology platforms, if needed Review draft workspace Prepared virtual workspace Planning Consultant Work Activities Client Responsibilities Deliverables • Deliver planned sessions including virtual production • Provide documentation to client after each session • • Arrange event logistics Participate in facilitation or virtual production as agreed upon during planning Facilitated planning sessions Completed plan Documentation and Follow Up Consultant Work Activities Client Responsibilities Deliverables • Meet with client for debrief • • Participate in final debrief Distribute and complete post - planning survey if requested Not applicable Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 5 s `mf IIII on onIIII on d ver 111111 IllInc IIIuus ve Project III''cc Creative Strategy Solutions provides strategic planning using the Technology of Participation approach. This is a highly contextual, customized, and situationally adapted process with unique and tailored delivery for every client. The fee for this project is $26,500 for the development of the full strategic plan, including the Year 1 implementation plan. This is based on the work being entirely virtual. The fee specifically encompasses: • A highly skilled certified ToP facilitator as co -designers with the design team • Production support when needed • Design conference(s) with planning team or project liaison, throughout • Review of relevant background and compiled materials • Review of the prior work product as each subsequent session is designed • Process overview and individual session design and development • Virtual workspace creation for every session • Creation of agenda and material preparation for each session • Facilitating sessions, including advance support and platform onboarding • Communications with project liaison throughout • Timely provision of session documentation • Debrief with project liaison and planning team as project wraps up The fee has been broken out across the proposed sessions below. ui °m e III Iii one, yment Sc In edu III In eul°°ui °m Successful and expedient completion of this project is dependent on the designation of a key project liaison who will be responsive about providing necessary information and internal support. Specific project schedule will be developed in collaboration with the project liaison and planning team. The recruitment of participants, confirming their availability for meetings, provision of meeting links, and other logistics will be carried out by staff. The securing of space, if needed, will be carried out by staff. City staff will be involved to handle the requirements of the Open Public Meetings Act. The timeline is subject to adjustment as required by the city's calendar and the availability of participants. These dependencies are critical to the project success. One-fifth of the project fee is due upon commencement of the project/signing of contract. The balance will be invoiced in equal segments on a monthly basis across the Strategic Planning project timeline, with the final invoice to be submitted after delivery of all final documentation. If, during the course of the project, the nature and scope of the work is significantly modified from that outlined in this letter, consultant will advise the project liaison immediately and provide a quote for the new scope. Additional work will not be undertaken without prior approval. Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 6 Phase of Plan Primary Activities Fee Phase 1: Planning, Preparation & Process Design Consultant will carry out detailed planning and timeline development in collaboration with the planning team to determine high level objectives, process guidance, define venue requirements and/or choice of virtual platform(s). Per the approach & proposal, the activities may include: Supporting the planning team in analyzing information and identifying key participants; creating survey tools or interview protocols; crafting agendas for the overall process; supporting any presentation to Council on the overall process. $2,000 Phase 2: Core Strategic Plan Development Session 1 & 2: Context Analysis & Environmental Scanning Consultant will design and facilitate highly interactive and engaging sessions to, firstly, analyze and synthesize the Community Visioning sessions, then to develop a shared context for the work and finally, the full development of the Strategic Plan. Activities to ensure effective and productive sessions will require, for each session: • Codesign of the session with design team • Development of detailed facilitation procedures • Production and technical design • Development of participant agenda • Creation of the visual workspace • Facilitation and production of the session • Documentation of the work product • Reflection with the participants • Debrief and review of the evaluation feedback $5,000 (2 shorter sessions approx. 2 or 2.5 hours each) Session 3: Practical Vision $4,500 (3.5 hours) Session 4: Identifying Contradictions $4,500 (3.5 hours) Session 5: Strategic Directions & Benchmarks $4,500 (3.5 hours) "Proposal is based on work in virtual context. If sessions shift to in-person during the engagement, additional costs for travel & associated expenses will be added to the invoices. This proposal specifically does not include a hybrid approach. Strategic Plan is completed Phase 3: Implementation Plan Development Consultant will design and facilitate a broader group in co- creating the implementation plan in line with the project management structure of the city and involved partners. Activities for the session will reflect the same attention to detail and creative requirements as during the development of the strategic plan, per detailed specification above. $6,000 (2 approx. 3 hours each) Project Fee: $26,500 Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 7 Addiiii Y11 s The following terms and conditions should be included in the agreement for services: Compensation. The Client agrees to pay proposed fees for services as outlined in this Proposal. Additional compensation may be paid for expenses as mutually agreed upon by both parties. Payment Schedule. One-fifth of the project fee is due upon contract issuance. The balance will be invoiced in equal segments monthly until contract completion. This will be calculated once the timeline is defined. Relationship. The Consultant agrees that they are an independent contractor, and not an employee of the Client. Consultant assumes responsibility for reporting income to the appropriate authorities and is not entitled to any additional benefits. Ownership of Work. The process used to develop and execute the work product submitted by the Consultant will be owned by the Consultant. Confidentiality. The Client's name and logo may be used in marketing materials by the Consultant, including print and social media. Details of the event topics, design, participants, or outcomes will not be shared publicly without express permission of the Client. Changes. Any changes to this agreement, including the Proposal, will be communicated in writing and will be mutually agreed upon prior to implementation. If, during the project, the nature and scope of the work is significantly modified from that outlined in this proposal, the consultant will advise the client immediately and provide a quote for the new scope. Additional work will not be undertaken without prior approval. Client and Consultant Liaison. Creative Strategy Solutions requests that the client designate one representative to be the principal point of contact for the services. Specific project schedule will be confirmed in collaboration with the project liaison once the contract is in place. The recruitment of participants, confirming their availability for meetings, provision of meeting links, and other logistics will be carried out by the client. Timely Communication. Client and Consultant must work together closely to produce the best results and ensure successful and timely rendering of these services. The parties mutually agree to be responsive to each other's requests, to communicate openly and regularly, to make key personnel available to one another, to share all relevant information in a timely manner, to put their best efforts forward, to be clear about deliverables and timelines and to keep all financial commitments to one another. Client Consultant City of Tukwila Una McAlinden DBA Creative Strategy Solutions 17024 NE 31st Court Bellevue, WA 98008 Client Signature & Role Consultant Signature Date Date June 9, 2022 Creative Strategy Solutions I Proposal for Cultural Strategic Planning: Tukwila, WA Page 8