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HomeMy WebLinkAboutCOW 2013-01-28 Item 4B - Agreement - Strategic Plan Implementation with BERK Consulting for $65,000COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayo Council review «cL 01/28/13 JT evw c 02/04/13 JT ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion ■ Mtg Date Mtg ITEM INFORMATION ITEM No. 4.B. 75 STAFF SPONSOR: DAVID CLINE ORIGINAL AGENDA DATE: 1/28/13 AGENDA ITEM TITLE Strategic Development Planning - Contract with Berk Consulting - Implementation and Leadership 1/28/13 Motion Date 2/04/13 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY Discussion ■ Mtg Date Mtg SPONSOR ❑ Council ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P &R ❑ Police ❑ PW Mayor SPONSOR'S The City Administration is recommending contracting with Berk & Associates to facilitate SUMMARY implementation of tracking and measuring tools that will provide linkage between City Department and Council work plans and the broader goals and objectives identified in the City's 2012 Strategic Plan. The Mayor's Office is seeking Council approval for the Mayor to enter into a contract with Berk & Associates. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ Utilities Cmte ❑ Arts Comm. DATE: 01/23/12 /1 F &S Cmte ❑ Transportation Cmte Comm. ❑ Planning Comm. CHAIR: ROBERTSON ❑ Parks COMMITTEE RECOMMENDATIONS: SPONSOR /ADMIN. COMMITTEE Mayor's Office Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $65,000 $100,000 $65,000 Fund Source: MAYOR'S OFFICE BUDGET, 2013 -2014 Comments: Mayor's Office Budget 000,03.513.100.41.02 MTG. DATE RECORD OF COUNCIL ACTION 1/28/13 MTG. DATE ATTACHMENTS 1/28/13 Informational Memorandum dated 1/16/2013 Draft Contract with Berk & Associates with Exhibit Minutes from the Finance and Safety Committee Meeting of 01/23/2013 2/4/13 75 76 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton FINANCE AND SAFETY COMMITTEE FROM: Joyce Trantina, Mayor's Office DATE: January 16, 2013 SUBJECT: Strategic Planning Implementation — Draft Contract, Berk & Associates ISSUE The City is recommending contracting with Berk and Associates to assist in the implementation phase of the 2012 Strategic Plan. The City seeks assistance in linking City plans and actions to the broader Strategic Plan, and will utilize the expertise of Berk consultants to provide additional support for developing the tools, frameworks and performance measures needed to guide and manage this on -going process. BACKGROUND Berk and Associates have provided excellent leadership and guidance as the City embarked on developing its first Strategic Plan. As a result of the significant amount of time spent working across the various stakeholders in our community, Berk staff have an excellent understanding of the unique challenges and expected outcomes by the various groups, and are uniquely positioned to provide a seamless transition as we move forward into the next phase of this important work. DISCUSSION The project components will include facilitated work sessions with City leadership, engaging City leaders in a process that builds action oriented workplans. Once an approach to implementation is established, further work will be done at the department level. Berk & Associates will also assist the City in communication plans (internal and external) and help build organizational capacity. The cost of this contract is not to exceed $65,000 and will be funded by the Mayor's office 2013/2014 budget. RECOMMENDATION The Committee is being asked to move this item forward to the January 28, 2013 Committee of the Whole Meeting and subsequent Regular City Council Meeting on February 4, 2013, for approval and authorization for execution by the Mayor. ATTACHMENTS Consulting Agreement with Exhibit 77 78 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR STRATEGIC PLANNING (CONSULTING) SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Berk & Associates, 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 Strategic Planning. 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, 2013, 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 December 31, 2013 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 outlined in Exhibit "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $65,000.00 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. 79 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in City with the services rendered under this Agreement shall be the property whether the project for which they are made is executed or not. The Consultant o.shall be permitted to retain copies, including reproducible copies, of drawings and specifications for info ation, 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 perfortning the services contemplated by this Agreement, faithfully observe and comply with';''ATh federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, 7. omissions of the Consultant in performanceg of this Agreement, except for injuries and damages caused by the sole negligence of the City. losses or suits including attorney fees, out of or resulting from the acts, errors or harmless 'frOm any and a11 claims, injuries, damages, officials, employees and volunteers Should a court of competent 'sdiction determine Ine thar'ihis Agreement subject to RCW 4.24.115, then, in the event ol.TirlAlajty for damages arising out of bodily injury to persons or damages to property caused by resulting from concurrent negligence of the Consultant terminati0,9f-this Agrement. negligence. It is further ,pecicfically and expressly understood that the indemnification provided hereiq:coristitutes,the Consultants waiver althinunity under Industrial Insurance, negotiated by the parties. ;The provisions of this section shall survive the expiration or including the duty and cost to defend, hierPeunYile'rSliall be only to the extent of the Consultant's Title 51 RCW, s611-y, for the purposes of this This waiver has been mutually 61's% ee:, and volunteers, the Consultant's liability, and the City, its officers, officials, f 8. Insurance. he'<tonsultant 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 provided by such insurance, or otherwise limit the City's recourse to any remedy available at construed to limit the liability of the Consultant to the coverage tistrued 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 faun providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised 2012 80 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession." B. 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 iCity shall be excess of the Consultant's insurance and shall not be contributed or ombined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than D. 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 insurederidorsement evidencing the insuranceyequirements of the Consultant before commencement of the work. Certift6s of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancel Affinn. Consultant shall provide the City with written notice of any policy anccllation. within iwo business days of their receipt of such notice. F. 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 suc h insurance and pay any and all premiums in connection therewith, with any sums so expended f tobe repaid 10 the City on demand, or at the sole discretion of the City, offset against funds s ue 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. CA revised 2012 Page 3 81 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. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet-Air assign any of 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 t6,i4FIninate,t,f,ls, Agreehi7ti any time by giving ten (10) days written notice Jo 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 e Consultant hereby agree to;complete .'the work under the terms of this Agreement, if requested to do so by the City. Tinseet/iicnt-hall not be a bar to renegotiations of this Agreement betweeni surviving members of thetonsuitant 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 t limes OOrnply with, all applicable federal, state and local laws, regulatiortn d rulehs including the provisions of the City of Tukwila Municipal Code and ordinances/7,of City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any terrn of this Agreement, the specifically understand and agree that venue shall be properly laid in King County, Washington. ton. The prevailing party in any y such action shall be entitled to its attorney's fees and cosgts . 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. CA revised 2012 82 Page 4 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: Berk & Associates Attn: Brian Murphy 2025 First Avenue Suite 800 Seattle WA 98121 18. Entire Agreement; Modification. This Agree nnt. together with attachments or addenda, represents the entire and integrated Agreezrent between the City and the Consultant and supersedes all prior negotiations, represeions, or agreements written or oral. No amen at ions, or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this day of CITY OF TUKWILA , 2013. Mayor Jim Haggerton Michael Hodgins Attest /Authen ated: : Principal Approved as to Form: City Clerk Office of the City Attorney CA revised 2012 Page 5 83 84 CITY OF TUKWILA STRATEGIC PLAN IMPLEMENTATION Proposed Scope of Work: 1/16/13 PROJECT UNDERSTANDING The City of Tukwila has recently adopted a city -wide Strategic Plan. This Plan was developed through extensive community and staff involvement, with a Steering Committee comprised of community representatives serving as the primary plan development body. The Plan establishes a Community Vision, a City of Tukwila Mission Statement, and five Goals and supporting Objectives. The Plan also establishes the City Performance and Accountability Model that establishes a framework for developing annual workplans aligned to the Strategic Plan. The City is now in its first year implementing the Strategic Plan. The City seeks assistance in tying City plans and actions to the Strategic Plan, and additional support to develop the tools, frameworks, and performance measures to guide and manage this ongoing process. Tools are needed to support the development of workplans and to track and publically communicate progress. The work to be accomplished in 2013 will establish the framework and tools for the City's annually recurring workplanning process per the City Performance and Accountability Model. CITY PERFOR A CE ACCOUHTABILUTY O EL PROPOSED WORKPLAN Over the course of a year, BERK will work closely with City leadership to develop the systems and tools necessary to align City efforts with the Strategic Plan, building linkages among the Strategic Plan, existing systems, and ongoing practices of the Tukwila organization. BERK will directly support the City in using these tools during this first year of implementation, improving them for ongoing use given lessons learned during the 2013 cycle. Anticipated Project Components We propose a collaborative and responsive approach, and will work closely with City leadership to advance the effort in the most effective ways possible. Facilitated Worksessions with City Leadership. BERK will design and facilitate effective worksessions with the City's Leadership Team and possibly City Council. We will design the worksessions to engage City leaders in bridging from the Vision and ambitions of the Strategic Plan to action - oriented workplans that direct and evaluate City actions and investments. The discussions will begin at a City -wide level, considering phasing and prioritization of the full Strategic Plan over a 5 -year period. Once a conceptual phased approach to implementation is established, additional work will occur at the department and cross - department level to establish departmental and cross - functional workplans and performance measures. We will facilitate the Executive Team's work in 85 City of Tukwila — Strategic Plan Implementation Proposed Scope of Work 1/16/13 developing, evaluating, and approving these workplans. Once they are approved, plans will be communicated and progress evaluated in a transparent process. Organizational Capacity Development. As described in Goal Four of the Strategic Plan, it is important that the City of Tukwila develop the organizational culture and capacity to deliver on the promises of the Strategic Plan. BERK will assist in this process, coordinating with any additional resources the City brings to bear on this important topic. Communications Support. BERK will support the City in communicating workplans to both internal and external audiences, ensuring that City staff, residents, business owners, partners, and other interested parties have the ability to easily understand and track the City's process and progress. Anticipated Outcomes and Workproducts Through this process, we anticipate collaborating with the City to develop the following workproducts, which will be delivered to the City in a format and fashion supportive of the City owning, modifying, and using these tools for years to come. • Conceptual phasing of all elements of the Strategic Plan. • Annual departmental workplans that align with the City's Strategic Plan and budget. • Additional schematics and frameworks that illustrate alignment, clarify roles, and otherwise provide information about the relationships between people, processes, and products. • Performance measures to track and communicate process. • Communication strategies and collateral pieces for ongoing communication with City residents and other stakeholders, including web, email, social media, print media, and public meeting formats. BUDGET The budget for this effort is not to exceed $65,000, with BERK to invoice the City monthly on a time and materials basis. BERK project staff will bill at the following rates: • Brian Murphy: $180 /hour • Dawn Couch: $140 /hour • Associate Support: $115 /hour • Project Associate Support: $70 /hour 2 86 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes January 23, 2013 5:15p.m.; Conference Room #3 r 1 4 lly PRESENT Councilmembers: Dennis Robertson, Chair, Chair; Verna Seal and De' Sean Quinn Staff: Mike Villa, Mary Miotke, Joyce Trantina, Peggy McCarthy, Vicky Carlsen, Richard Takechi, Kim Walden, Trish Kinlow, David Cline and Kimberly Matej CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:36 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract: Strategic Plan Implementation — BERK Consulting Staff is seeking Council approval to enter into a contract with BERK & Associates in an amount not to exceed $65,000 to assist in the implementation of the City's 2012 Strategic Plan. The following outcomes are included in the proposed scope of work and are considered deliverables: • Conceptual phasing of Strategic Plan elements • Alignment of department work plans with the City's budget and Strategic Plan • Production of frameworks that illustrate alignment and clarify roles about relationships between people, processes and products • Performance measures for communicating and tracking processes • Provide communication strategies In summary, this contract will provide assistance to the City that guides and manages the ongoing Strategic Plan process. UNANIMOUS APPROVAL. FORWARD TO JANUARY 28 COW FOR DISCUSSION. B. Lease Agreement: Alliance One Staff is seeking Council approval to enter into 6 -month lease agreement with Alliance One Receivables Management for front counter workspace located within the Tukwila Municipal Court at City Hall. The lease rate is $750 per month. Alliance One is an accounts receivable management service for revenue recovery which began leasing space in the Court in 2009. The current lease expired on December 31, 2012, and staff is proposing a six - month lease retroactive to January 1, 2013 through June 30, 2013. The six -month lease proposal has been made so that the advantages and disadvantages of continuing to have this service located in City Hall can be assessed. After discussion regarding specific advantages and disadvantages, the Committee requested that staff return to a Committee of the Whole meeting towards the end of first quarter or beginning of second quarter to present their findings to the full Council. For now, the Committee recommends processing the six -month lease. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 4 CONSENT AGENDA. C. Ordinance: Leak Adjustment Policy Staff is seeking Council approval to repeal two ordinances regarding water and sewer bill leak adjustments. 87