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HomeMy WebLinkAboutCAP 2008-03-24 Item 2A - Agreement - Tukwila Community Schools Collaboration lVlEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: March 12, 2008 SUBJECT: TCSC Contract for Services The Tukwila Community Schools Collaboration (TCSC) continues to partner with the City and offers programs in all Tulrnrila School District schools. The City Council has allocated $100,000 to TCSC to provide a sustained funding source for continued services. The attached contract for services between the City of Tulrnrila and TCSC \vill provide the legal documentation, the scope of performance services and compensation schedule and amounts. The contract will also outline monthly, quarterly, Bi-yearly and yearly reports and updates to the city. It is the recommendation of the Parks and Recreation Director to authorize the Mayor to sign the contract for services benveen the City of Tukwila and the Tukwila Community Schools Collaboration in the amount of$100,000. Attachments Contract for Services Exhibit A and B Cc Rhonda Berry, City Administrator Shelly Kerslake, City Attorney Evie Boykan, Humans Services Manager Contract No. CONTRACTFORSER'~CES This Agreement is entered into by and benveen the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", and Tubvila Community Schools Collaboration (TCSC), hereinafter referred to as "the Contractor", whose principal office is located at 16256 MilitaryRd South, Suite 102, SeaTac, WA 98188. 'VHEREAS, the City has determined the need to have celiain services performed for its citizens but does not have the manpower or expeliise to perform such services; and \VHEREAS, the City desires to have the Contractor perform such services pursuant to certain telms and conditions; nmv, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed bv Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set fOlih. 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 B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed 5100,000.00 at a rate of 525,000.00 per qUalier. 3. Contractor Bud2et. 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 A2reement. This Agreement shall be in full force and effect for a period commencing January 1, 2008_and ending December 31, 2008_unless sooner tenninated 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 benveen 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 othenvise 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 indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to propeliy occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perfOlmance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harnlless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. W:\2008 CAS\TCSC Contract for Services 2-26-08.doc 3/20:2008 Page 1 0[2 7. Record Keepin2 and Reportin2. A. The Contractor shall maintain accounts and records, including personnel, propel1y, 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 pelmission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. 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 perfonnance of this Agreement. 9. Termination. This Agreement may at any time be ternlinated by the City giving to the Contractor thil1y (30) days written notice of the City's intention to telminate the same. Failure to provide products on schedule may result in contract telmination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensOlY, mental or physical handicap. 11. Assi2nment and Subcontract. The Contractor shall not assign or subcontract any pOl1ion of the services contemplated by this Agreement without the written consent of the City. 12. Entire A2reement. This Agreement contains the entire Agreement benveen the pat1ies hereto and no other Agreements, oral or otherwise, regarding the subj ect matter of this Agreement, shall be deemed to exist or bind any of the pat1ies hereto. Either pat1y may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. 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 address provided by the Contractor upon the signature line belm,v. 14. Applicable Law; Venue; Attorney's Fees. TIllS Agreement shall be governed by and construed in accordance with the laws of the State of\Vashington. 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, \Vashington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 CITY OF TUKWILA CONTRACTOR: By: Title: Mayor By: Title: ATTEST/AUTHENTICATED: Printed Name: Address: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: \\':'2008 CAS\TCSC Contract for Services 2-26-08.doc 3/20/2008 Date approved by City Council: (Applicable if contract amount is over $25,000) Page 20f2 EXHIBIT A: Contractor will provide the following reports to the City as indicated: 1. Monthlv: program reports to Administration, Human Services, Parks and Recreation and City Council describing at each school: number of attending students, activities offered, program highlights, and students on waiting lists 2. Quarterlv: September 1, December 1, March 1, June 1: Year-to-date expenditures and revenues dedicated to Tukwila programs 3. Bi - Y earl v: Evaluation outcomes, including: a. Satisfaction surveys from students, parents and teachers b. Program Quality Assessment, provided in accordance with National After- School Assessment standards c. State of the Program report from the Community Schools Collaboration Executive Director to the Tukwila City Council 4. Yearlv: Full Evaluation including Bi- Yearly reports, comparison of mobility data from student-body at large and students enrolled Tukwila's Community Schools Collaboration programs, and other impacts as identified by an outside Evaluator. EXHIBIT B: Contractor will apply the $100,000 contribution from the City to support for expanded after school services for Tukwila children and families. These services will include, but are not limited to: homework help, enrichment activities, field trips, family literacy programs. Cascade View Thorndyke Tukwila Showalter Foster After-school $ $ $ $ $ Proqrams 15,000 15,000 15,000 15,000 10,000 Community Schools $ $ $ $ $ Director 4,200 4,200 4,200 4,200 4,200 Family $ $ $ $ $ Proqrams 1,000 1,000 1,000 1,000 500 Administration $ $ $ $ $ Costs 1,000 1,000 1,000 1,000 500