HomeMy WebLinkAbout24-024 - ETC Institute - Budget Survey ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 24-024
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional
municipal code city hereinafter referred to as "the City," and ETC Institute, hereinafter referred to as "the
Contractor," whose principal office is located at 725 W Frontier Circle Olathe, KS 66061.
WHEREAS, the City has determined the need to have certain services performed for its citizens but does
not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and
conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto
agree as follows:
. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A_attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $20,000.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
March 4, 2024, and December 31, 2024 unless sooner terminated under the provisions hereinafter
specified.
5. Independent Contractor. Contractor and City agree that Contractor 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
Contractor nor any employee of Contractor 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 contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement,
except for injuries and damages caused by the sole negligence of the Public Entity.
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
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caused by or resulting from the concurrent negligence of the Contractor and the Public Entity, its
officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor'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.
7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or
subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 and $2,000,000 products -completed operations aggregate
limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products -completed operations, stop gap liability, personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional insured under the Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO Additional Insured endorsement CG
20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
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 Contractor'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 Contractor's insurance and shall not contribute 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.
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E. Verification of Coverage. Contractor 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 Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this
work with written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter
40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty
(30) days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any
reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Consultant, 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 and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Contractor 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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14. Severabilitv 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.
15. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the following address:
ETC Institute
725 W Frontier Circle
Olathe KS 66061
16. ADDlicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. 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 the suit.
DATED this 4th day of March, 2024.
CITY OF TUKWILA CONTRACTOR
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DocuSigned by: DocuSigned by:
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Marty Wine, Interim City Administrator Greg Emas, Chief Financial Officer
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Exhibit A
Helping Organizations Make Better Decisions
725 W. Frontier Lane, Olathe, Kansas 66061
Phone: (913) 829-1215
Fax: (913) 829-1591
March 1, 2024
Subject: Proposal to Conduct a Budget Priorities Survey for Tukwila, Washington
ETC Institute is pleased to submit a proposal to conduct a community -wide scientific survey to acquire
public feedback on the expectations and needs of city services and budget priorities. ETC Institute
understands the survey will contain 5 to 10 questions including demographic questions, and will be
approved by the City.
Task 1: Design the Survey. Task 1 will include the following services:
• Working with the City to develop a survey instrument. The survey will be no more than 5 to 10
questions (up to 5 minutes to complete), and the City will have final approval on the survey
instrument before it is printed and mailed. ETC Institute will plan to start with the 2023 City of
San Antonio FY2024 Budget Priorities Survey, but it will be completely customized for Tukwila to
ensure all goals and objectives are met.
• Developing on-line and printed versions of the survey as well as thorough QA/QC and creating
proof for printed version of survey if needed.
• Conducting a pilot test of the survey to ensure the questions are understood by residents. Based
on the results of the pilot test, ETC Institute will recommend modifications (if needed) to the
survey.
• The survey will be translated into Spanish and other languages designated by the City (up to 5
additional languages including English as the 6th). The full survey and cover letter will be translated
into the desired languages. The survey will be made available online in multiple languages and the
cover letter will be printed and mailed in languages other than English, but the full survey will only
be printed and mailed in English.
• The survey cover letter will direct residents who need to complete the survey in another language
on how to do that. A toll-free main line will be provided for any language needs outside of the
ones included on the cover letter.
Deliverable Task 1. ETC Institute will provide a copy of the approved version of the printed survey
along with a link to the on-line version.
Task 2: Develop the Sample for the Survey. Task 2 will include the following services:
• Acquiring the sample for the random sample. The sample will be designed to ensure the completion
of at least 250 surveys. The overall results of 250 completed surveys will have a precision of at least
+/-6.2% at the 95% level of confidence. The goal of 250 completed surveys will ensure a statistically
valid sample size. The sampling plan will most likely target approximately half of the City's 8,000
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households.
Deliverable Task 2. An email confirming that the sample has been acquired.
Task 3.1: Administer the Survey. Task 3 will include the following services:
• ETC Institute will administer the survey by a combination of mail and online.
• ETC Institute will mail the survey and a cover letter (on City letterhead) to a sample of households
in the City. Only one survey per household will be sent. Postage -paid envelopes will be provided
by ETC Institute for each respondent. The City will provide a letterhead for the cover letter that
will accompany the mailed survey. The cover letter will contain a link to an online version of the
survey. Residents who receive the survey will have the option of returning the printed survey by
mail or completing it on-line.
• ETC Institute will follow-up with residents who receive the mailed survey by sending texts,
postcards, and a second mailing (if needed) to maximize participation in the survey. ETC Institute's
fees including printing and mailing up to 5,000 surveys and 5,000 postcards. The goal will be to
obtain completed surveys from 250 households. A sample of 250 completed surveys will provide
results that have a margin of error of +/-6.2% at the 95% level of confidence at the City level.
• ETC Institute will promote awareness of the survey using social media ads on Facebook and
Instagram to encourage participation in multiple languages.
• All respondents who complete the survey online will be required to provide their home address
when they finish the survey. ETC Institute will match addresses from respondents who complete
the survey online to the addresses that were selected for the random sample to ensure the
participant is part of the random sample. If a respondent does not provide an address or the
address is not part of the sample, it will be included in a separate database.
• ETC Institute will monitor the distribution of the sample to ensure that the sample reasonably
reflects the demographic composition of the City with regard to geographic dispersion, age,
gender, race/ethnicity and other factors. ETC Institute will weight the data as needed if one or
more demographic groups is over/underrepresented relative to recent Census estimates for the
City's population.
Deliverable Task 2. ETC Institute will provide a copy of the overall results for each question on the survey.
Task 4: Analysis and Final Report. ETC Institute will conduct analysis of the data and submit a final report
to the City. At a minimum, the analysis and report will include the following items:
• Formal report that includes an executive summary of survey methodology, a description of major
findings, and charts that show the overall results of the survey.
• GIS maps that show how well various needs for city services are met in different neighborhoods
within the city (ETC Institute will ask for GIS shapefiles showing the neighborhoods for which
results should be tagged and mapped).
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• Tabular data showing the full results as frequency tables
• A copy of the survey instrument.
Project Schedule
Listed below is a sample timeline for administering the survey. A typical survey process can take between
14-16 weeks to complete. Because this survey is expected to be 1-2 printed pages with 10 or fewer
questions, the administration process should be truncated compared to longer surveys. Below is a sample
timeline based on a start date of March 4, 2024.
• March 4, 2024: City and ETC Institute meet to discuss goals and objectives, finalize the sampling
plan, and discuss the survey design.
• March 4 — March 8, 2024: City and ETC Institute work on survey drafts and City provides final
approval of the survey on March 8, 2024.
• March 11— March 15, 2024: ETC Institute proofs, tests, and builds the survey online. ETC Institute
prepares the initial mailing and ships postcards with a QR code for the online version of the survey.
• March 18 — April 26, 2024: Surveys are administered, this process may take less time, this is a
conservative estimate based on a demographic analysis of the City.
• April 29 — May 10, 2024: ETC Institute finalizes data entry, verifies all responses, processes the
full results, and provides a written report to the City.
Fee
The table below shows a breakdown of the fees for the services described in this proposal.
ETC Institute Community Survey Fees 2023
at 95% level of confidence
Design Survey (includes 1-2 pages of survey instrument and a 1 page cover letter and
up to 5 translations)
Prepare Sampling Plan
Administration of 15-20 minute survey (no more than 5 pages)
Formal Report (summary, charts, benchmarking, PIR)
Webinar presentation of the final results
250
+/-6.2%
$ 2,500.00
$ 1,250.00
$ 6,500.00
$ 2,250.00
$ 1,500.00
11111r1 111111
Sincerely,
Assistant Director of Community Research
www.etcinstitute.com
ETC Institute
725 W. Frontier Circle
Olathe, KS 66061
(913) 254-4598
Ryan.Murray@etcinstitute.com
www.etcinstitute.com