HomeMy WebLinkAbout23-124 - Community Attributes, Inc - Consulting Services: Economic Development Strategy
23-124
City of Tukwila Contract Number:
Council Approval N/A
6200 Southcenter Boulevard, Tukwila WA 98188
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 Strategy.
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, 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 October 30, 2023 unless an extension of such time is granted in writing by the City.
The Consultant shall be paid by the City for completed work and for services
4.Payment.
rendered under this Agreement as follows:
ayment for the work provided by the Consultant shall be made as provided on Exhibit
A.P
“B” attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $22,000 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.
The Consultant shall defend, indemnify and hold the City, its officers,
7. Indemnification.
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.
inimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
A. M
types and with the limits described below:
Automobile Liability insurance with a minimum combined single limit for bodily injury
1.
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 Liabilityinsurance 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.
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
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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
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.
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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.
f any term, condition or provision of this Agreement is declared
16. Severability and Survival. I
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:
Community Attributes
500 Union Street, Suite 200
Seattle, WA 98101
ntire Agreement; Modification. This Agreement, together with attachments or addenda,
18. E
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.
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CA revised May 2020
DATED this 5
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CITY OF TL/KWILA
rkDocuSigned by:
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Allan Ekberg, Mayor
7/5/23
ATTEST/AUTHENTICATED:
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8,8678483CB594E7
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM:
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Office of the City Attorney
CA revised May 2020
July , 2023.
CONSULTANT
Chris Mefford, President and CEO
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EXHIBIT A
SCOPE OF SERVICES
Task 1: Ongoing Project Management
CAI will work with Tukwila leadership and project staff to maintain efficient and effective
project management protocols. We will continue to provide monthly progress reports and
coordinate with City staff from week to week via emails and phone calls, as necessary.
CAI’s project manager will facilitate
1.1
Bi-Weekly Project Management Check-In Calls with Staff.
brief bi-weekly check-in calls with 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.
CAI will prepare and submit monthly invoices
1.2
Monthly Invoicing and Progress Reporting.
with a monthly progress report to document the project team’s work and ensure
consistent progress toward project completion.
Task 2: Existing Conditions & Landscape Assessment
CAI will provide one round of revisions to the draft
2.1Landscape Assessment.
Landscape Assessment in accordance with Client feedback and will submit a final
Landscape Assessment for inclusion as an appendix to the Economic Development
Strategic Plan. Content for the Landscape Assessment will be in accordance with the
Phase I scope of work, including demographic and economic data, a SWOT analysis,
an infrastructure assessment, a smart cities literature review, and a literature review
or brief summary of available information about fiscal sustainability under the
Washington State tax code, particularly in light of local and regional growth targets
and housing policy requirements.
Task 3: Public & Stakeholder Engagement
CAI will continue to work
3.1Multilingual Community Translators & Influencers.
with key individuals or organizations thatcomprise a multilingual “influencer”
group with the capacity to accelerate engagement and participation throughout the
community for the planning process.
In cooperation with available influencers, CAI will identify and
3.2Focus Groups.
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
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CA revised May 2020
impact of the COVID-19 pandemic, and emerging opportunities. Findings will be
documented in task 4.1.
CAI will conduct up to eight (8) stakeholder interviews via phone or
3.3Interviews.
videoconference. Contact information and introductions (as appropriate) will be
provided by the city.Findings will be documented in task 4.1.
CAI will prepare for and facilitate two (2) additional meetings
3.4Advisory Committee.
of the Advisory Committee to serve this phase of the project.
CAI will continue to share information,
3.5Project Website & Interactive Map (D3).
events, findings, and draft deliverables from the planning process with city staff for
inclusion on the city’s website.
CAI will continue to collaborate with city staff to use
3.6Social Media Campaign.
existing city social media accounts to disseminate information about the planning
process and to solicit feedback on draft deliverables.
During the final phase of the project, CAI will post and
3.7Draft Comment Period.
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.
CAI will integrate comments and input and document (most
3.8Comment Integration.
likely through a matrix) how comments were resolved.
Up to eight (8) Focus Group meetings; up to two (2) Advisory Committee
Meetings:
meetings; two (2) meetings with the Council’s Planning and Community Development
Committee, and up to two (2) meetings with or presentations to City Council. Meetings and
presentations are assumed to be virtual unless specified otherwise.
Task 4: Visioning and Goals
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.
CAI will document, organize, and
4.1Synthesize Engagement Findings (see Task 4).
report back to the Advisory Committee and City staff all engagement findings
related to potential vision, goals, and strategies or actions, and will draw from and
refer to these when drafting the new content.
CAI will revise the initial Vision
4.2Refine a Vision Statement for Tukwila’s Economy.
statement based on input from the Advisory Committee and City staff.
CAI will refine specific, actionable, and
4.3Refine Economic Development Goals.
measurable goals for inclusive, sustainable economic development in Tukwila based
on input from the Advisory Committeeand City staff.
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Task 5: Strategies, Actions & Implementation
CAI will engage both
5.1Intensive Strategic Workshopping (Strategies and Actions).
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.Early working drafts will
be delivered in Microsoft Excel, with complete drafts of the Strategic Plan delivered
at a later date as a formatted PDF.
In parallel to the main strategic plan, CAI will
5.2Implementation Plan with Metrics.
work with staff to identify and populate specific metrics that may be used going
forward to track progress towardTukwila’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.
CAI will compile
5.3Deliver and Present Final Economic Development Strategic Plan.
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 willpresent the Plan to staff, the Advisory
Committee, and Council in accordance with the meetings outlined in Task 3.
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EXHIBIT B
PAYMENT
Budget
Consultant will submit invoices on a monthly basis for work completed. The anticipated
deliverables and milestones are outlined in the chart below.
TaskTotal Budget
Task 1. Project Kickoff and Ongoing Project Management$2,800
Task 2. Existing Conditions and Landscape Assessment$2,750
Task 3. Public and Stakeholder Engagement$8,200
Task 4. Vision and Goals$3,000
Task 5. Strategies, Actions and Implementation$5,200
Total - All Tasks$21,950
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CA revised May 2020