Loading...
HomeMy WebLinkAboutSpecial 2023-12-11 Item 2I - Contracts - Amendment #1 with Innovative IMpact Strategies from $39,000 to $100,000 / Brad Hardwood for $60,000 (for Riverton Park United Methodist Church Emergency)COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 12/11/23 CT ITEM INFORMATION ITEM No. 4.B. & Spec 2.1. STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 12/11/23 AGENDA ITEM TITLE Ratification of contract 23-166 Amendment #1 with Innovative Impact Strategies LLC and contract 23-171 with Brad Harwood CATEGORY ❑ Discussion Mtg Date ® Motion Meg Date 12/11 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ❑ DCD Finance ❑ Fire ❑ P&R ❑ Police ❑ MG SPONSOR'S SUMMARY Ratification of Amendment #1 to Contract 23-166 with Innovative Impact Strategies LLC amending contract amount from $39,999 to $100,000 for homeless service consulting services through December 31, 2024; and Ratification of contract 23-171 with Brad Harwood for crisis communications support, strategic communication counsel, reputation management, media management and internal/external communications services through December 31, 2024 not to exceed $60,000. REVIEWED BY ❑ Trans&Infrastructure Svcs ® Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. DATE: COMMITTEE CHAIR: ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $ AMOUNT BUDGETED $ APPROPRIATION REQUIRED $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/11/23 MTG. DATE ATTACHMENTS 12/11/23 Informational Memorandum dated 12/5/23 23-166 Amendment #1 and Contract with Innovative Impact Strategies LLC 23-171 Contract with Brad Harwood 11 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council CC: Mayor Ekberg FROM: David Cline, City Administrator DATE: December 5, 2023 SUBJECT: Ratification of Contracts 23-166 with Innovative Impact Strategies, LLC Addendum 1 and 23-171 with Brad Harwood ISSUE Under the Emergency Proclamation issued by Mayor Ekberg on October 6, 2023 and ratified by the City Council on October 16, 2023, Mayor Ekberg executed two contracts for services. The first contract was executed with Innovative Impact Strategies, LLC for homeless service consulting services through December 31, 2024. The original contract was for $39,999. Addendum #1 was executed on November 13, 2023 increasing the contract amount to $100,000. The second contract was executed with Brad Harwood for crisis communications support, strategic communication counsel, reputation management, media management and internal/external communications services through December 31, 2024 not to exceed $60,000. BACKGROUND The Innovative Impact Strategies contract is providing technical expertise on -site at Riverton Park United Methodist Church such as site assessment and onsite snapshot, site layout recommendations, community and partner support and engagement, and ongoing subject matter expertise. The Brad Harwood contract is for a crisis and communications strategy that includes communications support media management and internal/external communications services. RECOMMENDATION Council is being asked to ratify the contracts as part of the December 11, 2023 Special Meeting Consent Agenda. ATTACHMENTS 23-166 Innovative Impact Strategies, LLC Addendum 1 and Contract 23-171 Brad Harwood Contract 13 14 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 23-166(a) Approved per Emergency Proclamation 10/06/23 CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Innovative Impact Strategies, LLC. That portion of Contract No. 23-166 between the City of Tukwila and Innovative Impact Strategies, LLC. is hereby amended as follows: Section 4: The not to exceed amount referenced in Subsection A is hereby increased to $100,000. All other provisions of the contract shall remain in full force and effect. Dated this 13th day of November, 2023. CITY OF TUKWILA DocuSigned by: 1 F89FE09132B402... Allan Ekberg, Mayor 11/15/2023 I 4:03 PM PST ATTEST/AUTHENTICATED: Looc__uSigned by: austy 61-1 FIALtAl 88678483CB594E7... Christy O'Flaherty, City Clerk APPROVED AS TO FORM: EDocuSigned by: 6AL .Ste. 5E499CA4165E452... Office of the City Attorney CONTRACTOR: By: DocuSigned by; (kW VL bitY1.S /2023 I 2 : 52 PM PST TAFACbU40A... Printed Name:co1;n DeForrest Title: Owner CA Reviewed May 2020 Page 1 of 1 15 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-166 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 Innovative Impact Strategies, LLC, 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 Homeless Services Consulting services in connection with the project titled Asylee Humanitarian Event Consulting Services. 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 12/31/2024 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 12/31/2024 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $39,999.00 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. 16 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 $2,000,000 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 17 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 from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 18 Page 3 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 Notices to Consultant shall be sent to the following address: Colin DeForrest — Innovative Impact Strategies, LLC 7816 119th Street Court East Puyallup, WA 98373 CA revised May 2020 Page 4 19 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. DATED this 30th day of October, 2023. CITY OF TUKWILA ra DocuSigned by: ce. t l IF89FE09132B402... Allan Ekberg, Mayor 10/30/2023 I 4:54 PM PDT ATTEST/AUTHENTICATED: DocuSigned by: L ViSfy 61-1 88678483CB594E7... Christy O'Flaherty, City Clerk APPROVED AS TO FORM: DocuSigned by: ailAti 5F499C,A4165F452 Office of the City Attorney CONSULTANT: By: DocuSigned by: (,blurt. P.,FOrr sf 10/30/2023 I 12:32 PI 4,vrH,,Esu40A... Printed Name:co1;n DeForrest Title: Owner CA revised May 2020 20 Page 5 EXHIBITS A & B i2 INNOVATIVE IMPACT STRATEGIES — CITY OF TUKWILA STRATEGIES Homeless Services Consulting and Response Services Consultant Contract and Scope of Work October 2023 City of Tukwila has retained Innovative Impact Strategies, LLC (consultant) to provide homeless service consulting services to the city of Tukwila. This will include tasks identified below. Specific attention will be given to the homeless encampment of around 200 asylum seeking individuals (including families and children) located on Riverton Park United Methodist Church (RPUMC). Assistance will be provided for the emergency declaration and response at this site. This work will begin October 2023. Work will be completed by i2-strategies staff, including - Colin DeForrest (principal), or Stephanie Martinez, (Senior Consultant), or other i2- strategies staff. Staff will perform all work at the rates outlined below, plus reimbursement for any purchases or fees related to onsite work under the direction of city of Tukwila management. Additional consultant support, if required, may be negotiated, extended or scoped separately. • Consultant and Subject Matter Expert Services - $150/hour • Coordinator and Monitoring and Maintenance Services - $60/hour • Outreach and Translation Services - $50/hour The following outlines tasks and deliverables to be produced by consultant in coordination with city of Tukwila leadership: Task 1: SITE ASSESSMENT AND ONSITE SNAPSHOT OF RPUMC ASYLUM ENCAMPMENT • Regularly visit RPUMC encampment site. • Site Monitoring services • Assess site and surroundings. • Create an "Onsite Snapshot" of the site which includes: o Bynames list of all individuals living at the site. o Number of children at the site (under 18 years old). o Number of families at the site o Number of workable individuals at the site. o Other agreed upon data. • Site tagging of all tents and structures at the site. o Match individuals and families with each tent or structure o Identify any concerning or unsafe situations. 21 Task 2: SITE LAYOUT AND DESIGN RECOMMENDATIONS • Create a temporary site layout and design plan for the RPUMC encampment. o Identify maximum capacity. o Safely space sites and create access lanes. • Create a safe site for all. o Individuals and families living at the site. o The larger surrounding community • Identify Crime Prevention through Environmental Design (CPTED) techniques to implement at site(s). o Site lines o Access control o Vegetation management o Clear perimeter boundaries o Lighting o Other Task 3: COMMUNITY AND PARTNER SUPPORT AND ENGAGEMENT • Work directly and closely with community partners like Pastor Jan and RPUMC staff as well as other partners from the community. • Work closely with city of Tukwila staff to ensure we are always on the same page. o As needed, assist the city of Tukwila's designated liaison with connecting to partners and other governmental agencies. o Support city of Tukwila staff in all ways possible. Task 4: ONGOING SUBJECT MATTER EXPERT SUPPORT AS IDENTIFIED AND NEEDED BY THE CITY OF TUKWILA • Additional site logistics, site design, and implementation if new sites are identified. • Additional consulting support if further emergency declaration steps are identified. This work will be tailored to the needs of the City of Tukwila. • Onsite Monitoring and Maintenance services at any City of Tukwila involved sites. • Ongoing homeless services response support including outreach, navigation and translation services. Innovative Impact Strategies, LLC City of Tukwila By: Colin DeForrest By: Allan Ekberg DocuSigned by: ( Ut't PGrovvtisf U'UA... Date10/30/2023 I x12:32 PM PDT Date 22 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 23-171 Approved per Emergency Proclamation 10/06/23 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 Brad Harwood, 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 Public Information Consulting services in connection with the project titled Asylee Humanitarian Event. 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 12/31/24, 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 12/31/24 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 $60,000 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. 23 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. 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. 9. 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. 10. 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. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised May 2020 24 Page 2 12. 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. 13. 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. 14. 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. 15. 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. 16. 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: 2926 Warren Ave N Seattle, WA 98109 17. 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 3 25 DATED this 8th day of November, 2023. CITY OF TUKWILA S\\1\1‘ DocuSigned by: 1 F89FE09132B402... For Allan Ekberg, Mayor 11/9/2023 I 9:34 AM PST ATTEST/AUTHENTICATED: DocuSigned by: 31104AR9746FA4FB Christy O'Flaherty, City Clerk APPROVED AS TO FORM: DocuSigned by: L. SE499CA4165E452... Office of the City Attorney CONSULTANT: B DocuSigned by: 41J/11 ; 11% I 11:42 AM PST Printed Name:Bradley R. Harwood Title: Communications Consultant CA revised May 2020 26 Page 4 23-4040 RPUMC Asylee Humanitarian Crisis Exhibit A: SCOPE OF WORK Crisis and Strategic Communications Strategy Assist the City of Tukwila in developing the organization's response to the regional asylee humanitarian crisis and communicating the response to internal and external stakeholders. Specific services include providing crisis communications support, strategic communication counsel, reputation management, media management and internal/external communications services. Goals: • Develop and execute a cohesive communications strategy supporting work on the addressing the crisis. • Create "plain speak" messaging and ensure meaningful access for limited English proficient (LEP) individuals. • Develop and implement strategies that effectively convey information to unhoused populations. • Provide accurate, timely and vital information to the community. • Facilitate bi-directional communications between the City, elected and appointed officials, community organizations, other public agencies, etc. • Highlight the City's work to address the crisis through partnerships and meaningful actions. • Anticipate stakeholder questions and provide answers. • Coordinate messaging across multiple City channels, department staff, outside organizations, agencies and officials. • Maintain routine and effective coordination with the City's emergency management/response team. Deliverables include: • Serve as the City of Tukwila's Public Information Officer (PIO) on asylee issues and the City's response to the crisis. • Create an overall communications plan incorporating key goals, basic messaging, tools/tactics and draft timeline/calendar. • Coordinate high -quality and appropriate language products, services, and support to non- English speaking/limited English Proficiency individuals as well as unhoused populations when appropriate. • Develop and coordinate a messaging strategy with City and regional staff and PIO's. • Advise on and develop consistent messaging, including FAQ's and fact sheets. • Create written and pre-recorded video statements, remarks, correspondence and other messaging for the Mayor and others as necessary. • Engage and manage media, including planning and coordinating any necessary interviews/media events/news conferences. • Prepare, coordinate internal approval and issue media releases. • Monitor web and social media including developing/managing content to achieve goals. • Identify key messengers and trusted, reliable sources to convey critical information. 27 23-4040 RPUMC Asylee Humanitarian Crisis Exhibit B: PAYMENT Crisis and Strategic Communications Strategy Consultant shall be paid a $5,000/month retainer to provide crisis communication services and provide prompt and efficient services in a range of activities necessary for the city to respond to the ongoing asylee humanitarian event. Payments shall only be made upon reception of written invoice from the Contractor, detailing hours worked in service of each goal and/or deliverable specified in Exhibit A. Payment shall be made in the form of check mailed via United States Postal Service. The Contractor shall provide the City of Tukwila with a current IRS Form W-9 for the means of proper tax reporting and payment. 28