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HomeMy WebLinkAbout22-107 - Community Attributes, Inc - Economic Development PlanCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 22-107 Council Approval 6/6/22 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Community Attributes, Inc, 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 consulting services in connection with the project titled Economic Development 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 March 31, 2023, 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 31, 2023 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 $50,000 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 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 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. 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 evidences 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 CA revised May 2020 Page 3 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. 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 With a copy to: Derek.Speck@TukwilaWA.gov Notices to Consultant shall be sent to the following address: Community Attributes 500 Union Street, Suite 200 Seattle, WA 98101 CA revised May 2020 Page 4 With gcopy to: 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 nagotiaUono, nopnsoanhyionu, 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. DATED this 8th day of September CITY OF TUKWILA Allan Ekberg, Mayor 09/08/2022 CONSULTANT By: Chris Mefford, Pres dent anCEO ~^ eee .2O22 Attest/Authenticated: Approved as to Form: Chteat�O42i,aae,t� � City Clerk, Christy O'Flaherty Office of the City Attorney CA revised May 2020 Page 5 EXHIBIT A SCOPE OF SERVICES See attached "Project Scope of Work" mm c 11e`' 1.^' 1 1'1 x.,1..111 IL�,a.,�l "o,n; i INIT.. CAI will work with Tukwila leadership and project staff to initiate project work and meet throughout the project to review progress and develop a draft strategy. We will provide monthly progress reports and coordinate with City staff from week to week via emails and phone calls, as necessary. 1.1 Kickoff Meeting. CAI will facilitate a kickoff meeting with City staff to discuss, at a minimum, the following: • Project Objectives • Scope and Schedule Review • Project Management Expectations • Stakeholder Engagement Strategies and Schedule 1.2 Finalize Engagement Plan and Convene Advisory Committee (see Task 3). CAI will develop and deliver to staff a draft and final engagement plan to detail outreach methods, materials, schedule, and anticipated stakeholder groups. CAI and City staff will identify and convene stakeholders and/or key staff for an economic development Advisory Committee. We will draft meeting schedules and milestones for input from the Advisory Committee. 1.3 Bi -Weekly Project Management Check -In Calls with Staff. CAI's project manager Elliot Weiss will facilitate brief bi-weekly check-in calls with the city staff to ensure progress toward milestones and address challenges as they occur. Additional, ad hoc calls may be scheduled as needed to ensure coordination. 1.4 Monthly Invoicing and Progress Reporting. CAI will prepare and submit monthly invoices with a monthly progress report to document the project team's work and ensure consistent progress toward project completion. Meetings: Project Kickoff meeting; Bi -Weekly Check -In calls with the City's Project Team Deliverables: D1 - Draft and final engagement plan Sound decision-making will require a common understanding of economic conditions and the many plans, policies and strategies in place that will factor into Tukwila's success. Task 2 will review and assess previous economic planning efforts and develop a robust profile of the regional economy and its workforce, which will be included as an appendix to the final strategy. 2.1 Landscape Assessment. CAI will work with City of Tukwila staff and partners to inventory and review existing studies, plans, policies, and programs relevant to economic development in the region. This will include an assessment of City of Tukwila planning documents, including the 2015 Comprehensive Plan, the 2012 Strategic Plan and 2018 amendments, the City's 2017 Equity Policy, and the Economic Development Plan intro and demographic analyses begun for this effort. As part of this review, CAI will also document and assess the City's role in regional and local economic development partnerships. CAI will include a brief summary of the Puget Sound Regional Council's Vision 2050 Plan and Greater Seattle Partner's Framework as an appendix to D2. Findings will be summarized in 2.3. 2.2 Socioeconomic Profile. 2.2.1 Demographic, Economic & Workforce Profile. CAI will gather and analyze a wealth of demographic, economic and market data to characterize the local and regional economies of Tukwila and the central Puget Sound region, as well as the regional labor market. At a minimum, this will include a profile of population, employment, age, sex, race, housing, income, industry, and occupational data. Four (4) peer communities will be identified, including similar and aspirational communities, and utilized for socioeconomic trends comparison and baselining. Where possible, CAI will assess changes in these data that are attributable to the COVID-19 pandemic. CAI will include a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis comparing Tukwila to the anticipated trends in the Puget Sound's regional economy as an appendix to D2. 2.2.2 Infrastructure Assessment. CAI will review existing studies and plans, such as the most recent 2021-2026 Capital Improvement Plan, to identify current and anticipated infrastructure deficiencies across the city and region. Additionally, CAI will assess anticipated investments from state and federal government that directly impact infrastructure capacity in Tukwila. Findings will be summarized in 2.3. 2.2.3 Smart Cities Literature Review. CAI will undertake a brief literature review to assess the economic impacts of adopting "smart city" policies, including infrastructure and technologies. Findings will be summarized in 2.3. 2.2.4 Fiscal Impacts of Land Use. CAI will use existing data, including data provided by the city and data available from other studies, to assess the fiscal impacts associated with Tukwila's major land use categories. CAI will identify additional considerations, such as long-term or lifecycle costs, that are not directly captured in the data. Findings will be summarized in 2.3. 2.3 Deliver Graphically -Oriented Assessment and Profile (D2). Data and findings from all above tasks and subtasks will be summarized in a graphically oriented report, designed for inclusion as an appendix to the final EDSP document. The most critical findings from Task 2 will be summarized on a two-page graphic Fact Sheet, to be included in the front matter of the EDSP document, and which may be disseminated separately from the larger report. Meetings: Multiple meetings will support this task, as detailed in Task 3; at least one (1) meeting with Advisory Committee (study session) to present and discuss findings Deliverables: D2 - Draft and Final Landscape Assessment and Socioeconomic Profile ,.KIIII V IIIIIIII II -10 IH IL: I' IIIIIIII H P'" z (3 I IIK1 I I FIIIII. Focused Engagement 3.1 Multilingual Community Translators & Influencers [Enhanced Outreach]. Together with City staff, CAI will identify key individuals or organizations to comprise a multilingual "influencer" group with the capacity to accelerate engagement and participation throughout the community for the planning process. The Influencer Group will work in an ongoing fashion to help ensure diverse, inclusive participation across the region's diverse ethnic / racial, income, and age groups by translating engagement materials (surveys, boards, postcards from the future - see below) and spreading the word within their respective communities. CAI will work with the Influencer Group to disseminate materials and publicize meetings or opportunities for input. 3.2 Focus Groups [Enhanced Outreach]. In cooperation with available influencers, CAI will identify and facilitate up to eight (8) focus groups representing respective groups' and / or communities' economic interests and visions in Tukwila, or key economic sectors for the city. The focus group discussions will focus on specific needs and challenges, the impact of the COVID-19 pandemic, and emerging opportunities. 3.3 Advisory Committee. In addition to the CAI and city project team to help guide the day-to-day process, an advisory or steering committee of representatives from the business and resident community, local government, and economic and business development organizations will be convened to advise on higher-level strategic aspects of planning, engagement, implementation, and evaluation. This committee will be engaged near the beginning, middle, and end phases of the process with up to four (4) total meetings. At a minimum, this committee will review and provide feedback on interim findings and draft deliverables. Online Presence & Installations 3.4 Project Website & Interactive Map (D3). CAI will create a dedicated project website (or will develop content for a webpage on the city's main website) to share information, events, findings, and draft deliverables from the planning process, as well as to solicit input and public comment. The website will link to the project's social media, surveys, and will include a dynamic map and comment form to solicit insights and ideas related to economic development in Tukwila. The website, social media, and surveys will be optimized for mobile devices. 3.5 Online Survey & QR Code. CAI will design and analyze the results from an online survey intended to explore specific issues pertaining to Tukwila's current economy, as well as visions for its economic future. CAI will collaborate with the client to determine the appropriate length, questions, and distribution methods. The online survey will be accessible on the project website or through a link or QR code posted to the project website. If translation services are required, they may be funded as Enhanced Outreach. 3.6 Pop -Up Installation. In collaboration with City staff, influencers, and partners, CAI will design a pop-up installation (potentially hosted in vacant storefront or city or partner owned property, such as City Hall or a public library) to include multimedia materials in order to a) inform the general public of the planning underway, b) publicize and energize engagement channels, and c) solicit input on plan visioning and strategy development. Materials may include large -format presentation boards, maps, "Postcards from the Future", a slide or video reel, and other options. 3.7 Social Media Campaign [Enhanced Outreach]. CAI will collaborate with city staff to use existing city social media accounts, or will create new, project -specific accounts such as @tukwilaeconomicstrategy or @tukwilaeds on Instagram, TikTok, or another platform. CAI will create content for posts, including an initial post with graphics to brand the project and announce a game or contest with prizes for involvement or engagement. Subsequent posts will include information about the project, including schedule, engagement opportunities, pop-up times and locations, and summaries of key data points and interim strategies. CAI will tabulate feedback received via social media and will summarize the feedback in the draft and final plan (D8). Feedback & Refinement 3.8 Draft Comment Period. During the final phase of the project, CAI will post and solicit comments and edits to the draft and final Economic Development Strategy document(s). The dissemination of the draft via the project website, with a presentation of the draft and final plans to City Council. 3.9 Comment Integration. CAI will integrate comments and input and document (most likely through a matrix) how comments were resolved. Meetings: Up to eight (8) Focus Group meetings; up to four (4) Advisory Committee meetings; two presentations to the Council's Planning and Community Development Committee, and up to three (3) presentations to City Council. Meetings and presentations are assumed to be virtual unless specified otherwise. Deliverables: D3 - Project Website; D4 - Online Survey & QR; D5 - engagement activities materials With the insights and ideas gained through previous visioning and extensive public and stakeholder engagement, CAI will draft and refine a vision and high-level goals to ground and guide the development of strategies and actions for Tukwila. 4.1 Existing Economic Visioning and Goals. CAI will mine existing statements articulating vision and goals related to economic development, such as the Tukwila Comp and Strategic Plans and others from the Landscape Assessment (Task 2.1); we will organize and tabulate to ensure alignment. 4.2 Synthesize Engagement Visioning Findings (see Task 4). CAI will document, organize, and report back to the Advisory Committee and City staff all engagement findings related to potential vision and goal development and will draw from and refer to these when drafting the new content. 4.3 Draft and Refine a Vision Statement for Tukwila's Economy. CAI will draft an initial Vision statement and refine it based on input from the Advisory Committee and City staff. 4.4 Draft and Refine Economic Development Goals. CAI will draft and refine specific, actionable, and measurable goals for inclusive, sustainable economic development in Tukwila based on input from the Advisory Committee and City staff. Meetings: Outlined in Task 3 Deliverables: D6 - Draft and Final Tukwila Economic Development Vision Statement and Goals 1-ei"'.:.; STI-Rei"l �n��'�.,.,"n� ei..1 MPI M ,,,le" 1 This task will bring together analyses, visioning, and engagement findings to create a detailed roadmap articulating short-term and long-term priorities for Tukwila. 5.1 Intensive Strategic Workshopping. CAI will engage both the Advisory Committee and City staff to gather input on an actionable economic development strategy for the City. This process will be iterative, with CAI returning revised drafts as necessary to improve and update the plan. It is anticipated that the final EDP will identify both near-term (one to three years) and pandemic - related priorities, as well as longer-term (more than three years) strategies and considerations. Additionally, CAI will facilitate conversations to identify interventions at a detailed tactical level, which will inform an implementation matrix (Task 5.3) for Tukwila. 5.2 Economic Development Plan (Strategies & Actions). With content developed via workshopping, CAI will draft strategies and actions, supported by focused data and infographics. CAI will work through several drafts of the plan, producing an internal working draft early in the phase, for review and improvement at all team meetings. 5.3 Implementation Plan with Metrics. In parallel to the main strategic plan, CAI will work with staff to identify and populate specific metrics that may be used going forward to track progress toward Tukwila's overarching equitable economic development goals. We will present both growth and equity metrics and will include the data sources for each. CAI will also draft and deliver a matrix of information that supports implementation, including identified lead actors and partners, relative prioritization and level of effort. 5.4 Deliver and Present Final Economic Development Strategic Plan. CAI will compile all appropriate materials, including summaries of key analyses and the breadth of strategic content developed in Tasks 3-5, into a final, graphically compelling Economic Development Plan. CAI will present the Plan to staff, the Advisory Committee, and Council in accordance with the meetings outlined in Task 3. Meetings: Outlined in Task 3 Deliverables: D7 - Up to three (3) interim working drafts of the strategies and actions; D8 - one (1) draft and one (1) final Economic Development Plan document and appendices. EXHIBIT B PAYM ENT CAI will submit invoices based on progress toward project milestones and deliverables on a monthly basis. Our anticipated deliverables and milestones are outlined in the chart below. Months are as planned, subject to client coordination. Month Deliverable/Milestone Budget September Kickoff meeting $14,000 Draft and final Engagement Plan Advisory Committee Meeting #1 Outreach materials for community events (boards, etc.) Website goes live Online survey goes live September Progress Report Draft and Final Landscape Assessment and Socioeconomic October Profile Public and Stakeholder Engagement Activities Focus Groups * Social media engagement * Pop -Up Installation Advisory Committee Meeting #2 Presentation to committee and full council for input Draft Vision Statement and Goals Biweekly Check -ins (x2) October Progress Report $18,000 November Public and Stakeholder Engagement Activities Advisory Committee Meeting #3 Presentation to committee and full council of draft vision and goals Final Vision Statement and Goals Biweekly Check -ins (x2) November Progress Report $10,000 December Draft Strategies and Actions Biweekly Check -ins (x2) December Progress Report $10,000 January Draft Economic Development Plan Advisory Committee Meeting #4 Presentation to committee and full council for Draft EDP Biweekly Check -ins (x2) January Progress Report $7,000 February Final Economic Development Plan Presentation to committee and full council for Final EDP Biweekly Check -ins (x2) February Progress Report $4,000 *Asterisk indicates deliverable budgeted from Enhanced Community Engagement. This may require a contract amendment or may be paid to third parties. $63,000