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HomeMy WebLinkAbout23-171 - Brad Harwood - Crisis and Strategic Communication Services_ Asylee Humanitarian EventCity of Tukwila Contract Number: 23-171 • 6200 Southcenter Boulevard, Tukwila WA 98188 Approved per Emergency Proclamation 10/06/23 Council Ratification 12/11/2023 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. 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 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 DATED this 8th day of November, 2023. CITY OF TUKWILA DS DacuSigned by: n�n, EalF89FE09132B402 Allan Ekberg, Mayor 11/9/2023 1 9:34 AM PST ATTEST/AUTHENTICATED: DacuSigned by: For ^�r)04AR9746FA4E8 Christy O'Flaherty, City Clerk APPROVED AS TO FORM: cusigned by:E�Do C 499CA4165E4§2... Office of the City Attorney CONSULTANT: DacuSigned by: By: Ai*Mi 1 11:42 AM PST �4 ... Printed Name.Bradley R. Harwood Title. communications consultant CA revised May 2020 Page 4 23-4040 RPUMCAsylee 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 FA(Xs 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. 23-4040 RPUMCAsylee 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.