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HomeMy WebLinkAboutCDN 2018-12-11 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee 0, Kate Kruller, Chair • Kathy Hougardy • Zak Idan AGENDA TUESDAY, DECEMBER 11, 2018— 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: K. Kruller K. Hougardy Z. Idan V. Seal D. Robertson Mayor Ekberg D. Cline R. Bianchi C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. HealthPoint development planning. a. Committee consideration/ Pg.1 Derek Speck, Economic Development Administrator decision. b. 2019-2020 Human Services contracts. ID. Forward to 1/7/19 Consent Pg.5 Stacy Hansen, Human Services Program Coordinator Agenda. c. An Interlocal Agreement for South King County c. Forward to 1/14/19 C.O.W. Pg.49 Housing and Homelessness Partnership. and 1/22/19 Regular Mtg. Nora Gierloff, Deputy Community Development Director d. Policy options related to Sound Transit. d. Discussion only. Pg.73 Jack Pace, Community Development Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: January 2019 ti The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor FOR ATIONAL E ORANDU TO: Community Development and Neighborhoods Committee FROM: Derek Speck, Economic Development Administrator CC: Mayor Ekberg DATE: December 5, 2018 SUBJECT: Status Update for Tukwila Health and Wellness Center ISSUE This item is a status update on HealthPoint's plans to build a Health and Wellness Center on the former motel site on Tukwila International Boulevard. BACKGROUND In December 2016 the City concluded a Request for Qualifications process to select a purchaser and developer of the four parcels of vacant land where the Great Bear Motel, Boulevard Motel, Spruce Motel, and Sam Smoke Shop had been located. The addresses were 14420, 14440, 14442, and 14452 Tukwila International Boulevard. A map is attached. DISCUSSION The purpose of this item is to provide a status update to the Committee. FINANCIAL IMPACT This item would have no financial impact at this time. If the City completes negotiations and the Council approves selling the property, the City would receive revenue from that sale. BUDGET IMPACT There is no budget impact at this time. RECOMMENDATION This is a status update. No action is requested. ATTACHMENTS Map of Site 1 2 HealthPoint Site The information itcluded on this map has been compiled by King Courty staff from a variety of sources and is subject to change withal notice. King County makes re representations or warranties, express or implied, as to accuracy, completeness, timeiness, or rights to the use of such irformaton. This docrment is not intended br use as asurvey product. Kng Countyshal not be table for any gereral, spedal, indro;t, ncirbntal, or consequential damages inducing, but not imted to, lost revenues or lost profts resulting from the use or misuse o the informuton contained on the map. Any sale of this map or irformaton on this map is prohibited except by writbn permission o King Courty. Date: 12/5/2018 Notes: King County 4 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL ME ORANDUM TO: Community Development and Neighborhoods CC: Mayor Ekberg FROM: Stacy Hansen, Human Services Program Coordinator DATE: December 4, 2018 SUBJECT: Human Services Contracts over $40,000 for 2019-20 funding cycle ISSUE The Council recently passed the 2019/2020 biennial budget, which included $433,470 per year in funding for various partner agencies delivering human services to the Tukwila community. Seven of these contracts require Council approval as they are above the $40,000 threshold: • Catholic Community Services • Institute for Family Development • Multi -Service Center • Refugee Women's Alliance • Renton Area Youth Services (counseling) • Renton Area Youth Services (substance abuse) • Tukwila Pantry DISCUSSION These Human Services program contracts are part of the larger, 2019-2020 Administrative Services Department budget. As done previously, each contract is for a two-year period. Contracts below the $40,000 threshold are signed by the Mayor. Information on the contracts above the threshold, including agency, program and budget information are detailed below: Two-year Contract/Program contract total Catholic Community Services (Emergency financial assistance) $45,400.00 Institute for Family Development (PACT; in -home, crisis counseling) $43,200.00 Multi Service Center (Emergency financial assistance) $90,000.00 Refugee Women's Alliance (financial support, case management) $53,000.00 Renton Area Youth and Family Services (school -based counseling) $110,184.00 Renton Area Youth and Family Services (substance abuse counseling) $62,640.00 Tukwila Pantry $74,000.00 Total amount $478,424.00 RECOMMENDATION Staff is asking Council to forward the contract authorization request to the January 7th, 2019 Consent agenda. 5 INFORMATIONAL MEMO Page 2 ATTACHMENTS Proposed - Catholic Community Services contract Proposed - Institute for Family Development contract Proposed - Multi -Service Center contract Proposed - Refugee Women's Alliance contract Proposed - Renton Area Youth & Family Services (counseling) contract Proposed — Renton Area Youth & Family Services (substance abuse) contract Proposed - Tukwila Pantry contract 6 Z:\Council Agenda Items\Human Services\Council info memo over $40,000 2019-20 12-11-18.doc City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Catholic Community Services, hereinafter referred to as "the Contractor," whose principal office is located at 100 23rd Ave. S., Seattle, WA 98144. 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: 1. 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 $22,700 for 2019 and $22,700 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 7 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 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 $1,000,000 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. CA Revised December 2016 Page 2 of 6 8 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 9 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 10 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Catholic Community Services 2019 Funding: $22,700.00 Program Emergency Emergency Assistance Program 2020 Funding: $22,700.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $45,000.00 Definition of Service Unit: Emergency financial assistance to low-income residents to assist with meeting basic needs including shelter and a variety of utilities (electricity, water, sewer, gas, septic, etc.). Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served 5 Number of vouchers written 5 2nd Unduplicated City of Tukwila residents served 5 Number of vouchers written 5 3rd Unduplicated City of Tukwila residents served 5 Number of vouchers written 5 4th Unduplicated City of Tukwila residents served 4 Number of vouchers written 4 ANNUAL GOALS Unduplicated Tukwila Residents Number of vouchers written 19 19 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel $11,350.00 Non -Personnel $11,350.00 Budget/Award total $22,700.00 CA Revised December 2016 Page 5 of 6 1 1 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 85°/0 of households will have secured/stabilized their housing. Measurement: Within 60 days, EA case workers will conduct follow-up with clients to ensure intervention was effective in retaining housing. Service figures and follow-up results are collected and analyzed in the agency's database. The EA Program Manager reviews data monthly to ensure accuracy and completeness. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd =-• October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 12 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Institute for Family Development, hereinafter referred to as "the Contractor," whose principal office is located at 34004 16th Ave. S., Suite 200, Federal Way, WA 98003. 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: 1. 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 $21,600.00 for 2019 and $21,600.00 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 13 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 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 RCVV, 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 $1,000,000 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. CA Revised December 2016 Page 2 of 6 14 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 15 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 16 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Institute for Family Development 2019 Funding: $21,600.00 Program: PACT in -home counseling program 2020 Funding: $21,600.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $43,200.00 Definition of Service Unit: In -home counseling (including interpretation service hours), skill -building and support to high -risk, low-income families not engaged in Children's Protective Services. Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served 11 Number of hours of counseling, interpreting, case management 110 2nd Unduplicated City of Tukwila residents served 6 Number of hours of counseling, interpreting, case management 60 3rd Unduplicated City of Tukwila residents served 1 Number of hours of counseling, interpreting, case management 10 4th Unduplicated City of Tukwila residents served 9 Number of hours of counseling, interpreting, case management 90 ANNUAL GOALS Unduplicated Tukwila Residents Hours of counseling, case management, interpreting 27 270 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90`)/0 level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel $21,600.00 Non -Personnel $ Budget/Award total $21,600.00 CA Revised December 2016 Page 5 of 6 17 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 75% of families will show improvement in one or more area identified as problematic. Measurement: North Carolina Family Assessment Scale (NCFAS) is used to determine positive growth in family functioning in 5 major domains (environment, parental capabilities, family interactions, family safety and child well-being). PACT therapists rate each domain at the beginning and closure of each multi -week session. QUARTERLY REPORTS DUE DATES 15t thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 18 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Multi Service Center, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 23699, 1200 S. 336th St., Federal Way, WA 98003. 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: 1. 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 $45,000.00 for 2019 and $45,000.00 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 19 6- Indemnification. The Contractor shall dgfend, indemnify and hold the Public Entity, its officers, officials,employees and volunteers harmless from ny and all [laima, injuries, damages, losses or suits including attorney fees, arising out Uforinconnection with the performance ofthis Agreement, except for injuries and damages caused bythe sole negligence ofthe Public Entity. Should a court ofcompetent jurisdiction determine that this Agreement is subject to RCW4.24115 then. in the event of liability for damages arising out of bodily injury to persons Ordamages to property 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 ofthe 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 CnOtractor, their agents, repreSent8UVeo, 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 bysuch insurance, Orotherwise limit the Citx'erecourse toany remedy available mtlaw Qrin equity. A. Minimum Scope ofInsurance. Contractor shall obtain insurance ofthe 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 $1,000,000 each occurrence, $2000.'`—general aggregate and $2,000,000pmducts-comp|etedoperationeaggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG OO 01 and shall cover liability arising from premises, opgnsUons, independent contractors, prod uoto-nomp|eted openmbone, stop gap |iabi|ity, pern0D8| injury and advertising injury, and liability assumed under oninsured contract. The Commercial General Liability insurance shall bgendorsed 0oprovide aper project genena|aggreggto|innituoing|8Ofor[n CG2503O5O9oronequivalent endorsement. There shall b8no exclusion for liability arising from explosion, collapse orunderground property damage. The City shall bgnamed aeon 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 101001 and Additional Insured -Completed Operations endorsement CG2O371DO1or substitute endorsements providing atleast asbroad coverage. 3. Workers' Compensation coverage as required bxthe Industrial Insurance laws of the State of Washington. CARevised December 2016 Page 2ofG 20 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 21 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 22 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Multi Service Center 2019 Funding: $45,000.00 Program: Emergency Assistance Program 2020 Funding: $45,000.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $90,000.00 Definition of Service Unit: Direct financial assistance for eviction prevention, utilities, water, sewer bills to assist Tukwila residents in maintaining their housing. Funds will be used to for direct financial assistance (72% = $32,400) and (28% = $ 2,600 for administrative costs. Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served 25 Number of vouchers written 18 Include Tukwila specific narrative 2nd Unduplicated City of Tukwila residents served 25 Number of vouchers written 18 3rd Unduplicated City of Tukwila residents served 25 Number of vouchers written 18 Include Tukwila specific narrative 4th Unduplicated City of Tukwila residents served 25 Number of vouchers written 18 ANNUAL GOALS Unduplicated Tukwila Residents Number of vouchers written 100 72 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel $12,600.00 Non-Personnel/Direct financial assistance $32,400.00 Budget/Award total $45,000.00 CA Revised December 2016 Page 5 of 6 23 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 75% of household's immediate needs will be improved. Measurement: Case files are maintained on each household receiving assistance and follow up data is collected to determine if they remain housed. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2dd = July 15th 3rd = October 15th 4' and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st, 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 24 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Refugee Women's Alliance, hereinafter referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King Jr. Way S., Seattle, WA 98108. 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: 1. 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 $26,500.00 for 2019 and $26,500.00 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 25 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 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 $1,000,000 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. CA Revised December 2016 Page 2 of 6 26 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 27 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 28 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Refu ee Women's Alliance 2019 Funding: $26,500.00 Program Basic Basic Needs & Case Management 2020 Funding: $26,500.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $53,000.00 Definition of Service Unit: Case management hours. Services include: advocacy, barrier removal, housing, health, employment and social service referrals, system navigation, life skills, family integration with new community. QuarterTotal Service Unit # of Units Cumulative 1st Unduplicated City of Tukwila residents served 14 Number of hours of case management 93 2nd Unduplicated City of Tukwila residents served 12 Number of hours of case management 93 3rd Unduplicated City of Tukwila residents served 12 Number of hours of case management 93 4th Unduplicated City of Tukwila residents served 12 Number of hours of case management 93 ANNUAL GOALS Unduplicated Tukwila Residents Hours of case management 50 372 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel $17,755.00 Non -Personnel $8,745.00 Budget/Award total $26,500.00 CA Revised December 2016 Page 5 of 6 29 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 85% of participants will have increase knowledge of available resources and support in accessing them. Participants in emergency situations shall receive financial assistance to prevent utility shut-off and/or eviction. Measurement: Case managers capture and record clients served, case management hours, services provided (including but not limited to program referrals, successful employment, housing increase in benefits, etc.). Follow up is conducted with all clients and progress/outputs/outcomes are document in case notes, tabulated and reported annually. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First eek in January. Date to be announced. Outcomes and demographics January 31st 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 30 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 1510, Renton, WA 98057. 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: 1. 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 $55,092.00 for 2019 and $55,092.00 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 31 6' Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, offiti8|s. employees and Vo|Unt8ena harmless from any and all d@jDle, injuries, damages, losses or suits including attorney fees, arising out oforinconnection with the performance ofthis Agreement, except for injuries onddonnog8soausedbyth8So|enag|igenoSofthePub|k:EnUty. Should a court of competent jurisdiction that this Agreement is subjecttoRCVV424115 then, in the event of liability for damages arising out of bodily injury to persons or d ' amages to property 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' Unsumumcm' The Contractor shall procure and maintain for the duration of the Agreement, insurance against dairne for injuries to persons ordamage to property which may arise from or in connection with the performance of the work hereunder by the Contnoctor, their agents, representatives, eDlp|nVeea or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein ohG|| not be construed to limit the liability of the Contractor tothe coverage provided bysuch insurance, orotherwise limit the City'Srecourse tOany remedy available atlaw Vrin equity. A. Minimum Scope mfInsurance. Contractor shall obtain insurance ofthe types and with the limits described below: 1. Automobile Liability insurance with a minimumcombined single limit for bodily injury and property damage gf$1,OOU0OO per accident. Automobile liability insurance oh8U cover all owned, non -hired and leased vehicles. Coverage shall be written on Insurance Services Office UE]CA form CA OO 01 or a substitute form providing- equivalent liability coverage. |fnecessary, the policy shall b8endorsed 1oprovide contractual liability coverage. 2. Commercial General Liabi|ityinsurance with limits noless than $i.000.00Oeach occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-completed operations aggregate limit. Commercial General Liability insurance shall beosleast $t broad asISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent Contra{tors, prod ucte-cmmp|eted operations, stop gap |iabi|ity, personal injury and advertising injury, and liability assumed under an insured contract. The (}omrn8ncim| General Liability insurance 'shall beendorsed toprovide aper project 0enena|oggregmte|imitVaing|8Ofornm C8250305OQoranequivalent endorsement. There shall beno exclusion for liability arising from explosion, collapse Urunderground property damage. The City shall benamed as an additional insured under the Contractor's Commercial General Liability insurance policy with respect tothe work performed for the City using ISO Additional Insured endorsement CG2O 101001 and Additional |neured'Conlp|gt8dOpgraUonoendoroemventCG2O371OO1 Or substitute endorsements providing atleast msbroad coverage. 3.Vorkers' Compensation coverage oorequired by the Industrial Insurance laws of the State of Washington. CARevised December 2016 Page 2ofO 32 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 33 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 34 Exhibit AScope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Program: Renton Area Youth $55,092.00 Family Support Services 2020 Funding: $55,092.00 Effective Date: January 1.2O19—December 31.2O2O Total: $110.184.00 Definition of Service Unit: School -based behavioral health services inall Tukwila schools. Therapists will work with students and their family members to address a variety of emotional and behavioral Quarter Service Unit #VfUnits Cumulative Total 1st Unduplicated City AfTukwila residents served 50 Number ofhours ofcounseling, c/nm.groups 000 Report number of Medicaid clients/hours Include Tukwila specific narrative 2nd Unduplicated City mfTukwila residents served 18 Number ofhours ofcounseling, c/nn.groups 400 Report number ofMedicaid clients/hours Include Tukwila specific narrative 3nd Unduplicated City of Tukwila residents served 11 Number ofhours ofcounseling, o/nm.groups 400 -number OfMedicaid clients/hours Report Include Tukwila specific narrative 4th Unduplicated City ofTukwila residents served 21 Number ofhours pfcounseling, o/rn.groups 400 Report number ofMedicaid clients/hours Include Tukwila specific narrative Annual Goals Unduplicated residents Hours of counseling, c1maxxd groups 100 1800 The City OfTukwila will use ovariety ofmeasures meindicators of satisfactory contract performance. The Agency willbe expected to meet atleast 9O%ofthe performance goals aSdefined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will bgreduced bythe number Vfpercentage points below the AO96level. At aQO%success rate, the Agency will hereimbursed at1OO96. Any exceptions must benegotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort tDovercome those circumstances. Exceptions are made ot the discretion ofthe [|it»`eHuman Services Program Coordinator. The Agency shall make all reasonable efforts hoascertain the eligibility Ofapplicants for Agency such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CARevised December 2O1G Page 5ofG Personnel $55,092.00 Non -Personnel Budget/Award total $55,092.00 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 70% of behavioral health clients will develop/strengthen coping skill to improve their behavioral health. Measurement: Monthly tracking process for specific goals identified in individual treatment plans. Goals are reviewed monthly by the client and clinician to assess progress and success rate in meeting the goal. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2020 I January 29th 2021 CA Revised December 2016 Page 6 of 6 36 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 1510, Renton, WA 98057. 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: 1. 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 $ 31,320.00 for 2019 and $31,320.00 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 37 6' Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, 8nlp|oVeem and volunteers harmless from any and all claims, injuries, damages, losses or suite including attorney fggn, arising out of or in connection with the performance of this Agreement, except for injuries anddarOageSc3UogdbyU7eso|en8g|igeMoeof the Public Entity. Should ocourt ofcompetent jurisdiction determine that this Agreement issubject toRCVV4.24j1t, 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 Contractor and the Public Entitv, its officers, offidG|s, employees, and volunteers, the Contractor's liability hereunder shall bg 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 F[CVV, solely for the purposes of this indemnification. This waiver has been nnVtuo||y negotiated by the parties. The provisions of this section shall survive the expiration or termination ofthis Agreement. 7. Insurance. The Contractor ahBU procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons ordamage toproperty which may arise from or in connection with the performance of the work hereunder by the Contractor, their Ggento, n9preGent@1iveo, employees or subcontractors. Contractor's maintenance of insurgnoe, its scope of cOV8[ag8 and limits as required herein eho|| not be construed to limit the liability of the Contractor to the coverage provided bysuch insurance, orotherwise limit the Cib/'orecourse 0oany remedy available atlaw orin A. Minimum Scope of Insurance. Contractor shall obtain insurance ofthe types and with the limits described below: 1. Automobile Liability insurance with o nnininnunl combined single limit for bodily injury and property damage of$1.0OO,OOO per accident. Automobile liability insurance shall cover all oyvned, non-ovvned, hired and leased vehicles. Coverage shall be written On Insurance Services Office U@O\ 'form CA OO 01 Or o substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Uobi|ityinsurance with limits noless than $1.0000OOeach occurrence, $3.000.000gengra| aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall beoaleast stbroad onISO occurrence form CG 0001 and shall cover liability arising from premisao, opera1iVns, independent contractors, prUduots-conlp|otgd operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall baendorsed tOprovide aper project Qenera|aggregate|inmitUaiOg|8C}fo[nn {}E25O3O5OSor@nequivalent endorsement. There shall benoexclusion for liability arising from explosion, collapse orunderground propertyd@D1ago. The City shall be named as an additional insured under the Contractor's CoAnnnen:io| 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 {}pGn8Uons endorsement CG2O 37 1001 or substitute endorsements providing atleast asbroad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability iDeUnanCa 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 bythe City shall b8excess ofthe Contractor's insurance and shall not contribute with CARevised December 2O18 Page 2of8 38 D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 39 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 40 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: Renton Area Youth and Family Services 2019 Funding: $31,320.00 Program: Substance Abuse 2020 Funding: $31,320.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $62,640.00 Definition of Service Unit: School -based substance abuse counseling, behavioral health services, group sessions, assessments and case management for students at Showalter Middle and Foster High School. Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served 10 Number of hours of substance abuse counseling, group sessions, assessments and case management. 140 Include Tukwila specific narrative 2nd Unduplicated City of Tukwila residents served 5 Number of hours of substance abuse counseling, group sessions, assessments and case management. 70 Include Tukwila specific narrative 3rd Unduplicated City of Tukwila residents served 5 Number of hours of substance abuse 70 counseling, group sessions, assessments and case management. Include Tukwila specific narrative 4th Unduplicated City of Tukwila residents served 5 Number of hours of substance abuse counseling, group sessions, assessments and case management. 70 Include Tukwila specific narrative ANNUAL GOALS Unduplicated Tukwila Residents Hours of sub abuse, assessments, case management and group sessions 25 350 The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised December 2016 Page 5 of 6 41 Personnel $31,320.00 Non -Personnel $ Budget/Award total $31,320.00 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 70% of youth make progress in addressing issues impacted by alcohol/drug dependency, as indicated by substantial achievement of agreed upon treatment goals. Measurement: Outcome is measured using progress on meeting treatment plan goals. Clinicians work with clients on self -directed goals establishing academic and personal success. Goals are reviewed monthly to assess and rate success. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 42 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: 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 the Tukwila Pantry, hereinafter referred to as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA 98168. 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: 1. 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 $37,000 for 2019 and $37,000 for 2020. 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 January 1, 2019, and ending December 31, 2020, 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. CA Revised December 2016 Page 1 of 6 43 6' Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all dainlo injuries, donlGgem losses or suits including^`attorney fees, arising out of or in connection with the performance'of this Agreementexcept for injuries and damages caused by the sole negligence of the Public Entity. , ^ jurisdiction determine that this is subject to RCVV4.24115 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 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 doino for injuries to persons or damage to property which may arise from or in opnn9cbVD with the performance of the work hereunder by the C}nMtroctor, their agents, representatives, employees Or subcontractors. Contractor's maintenance of insurance, its scope ofcoverage and limits as required herein shall not be construed to limit the liability f 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 mfInsurance. Contractor shall obtain insurance ofthe types and with the limits described below: 1. Automobile Liability insurance with a ndninnunn combined single limit for bodily injury and property damage of $1l00.000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and ]8aoad vehicles. Coverage oh@|| be written on Insurance Services Office (ISO) form CA 00 01 or m substitute form providing equivalent liability coverage.' |fnecessary, the policy shall beend8reodtUpnVVide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CGODO1 and shall cover liability arising from prg[Mises, openaUono, independent contractors, pnoductS-con)p|mted operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial C3engno| Liability insurance shall beendorsed toprovide gper project general aggregate limit using ISO form CG 25 03 05 OSormn equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse Orunderground property damage. The City shall benamed 8aon 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 |neurad-Com | ted Operations endorsement CG 2037 1001 or substitute endorsements providing atleast 8sbroad coverage. 3. Workers' Compensation coverage oorequired by the Industrial Insurance laws of the State of CARevised December 2016 Page 2of0 44 B. 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. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. 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. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. 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. G. 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. CA Revised December 2016 Page 3 of 6 45 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. 14. 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. 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 address provided by the Contractor upon the signature line below. 16. Applicable 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 suit. DATED this day of 20 . CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 6 46 Exhibit A Scope of Services City of Tukwila 2019-2020 Program Services Agreement Agency: The Tukwila Pantry 2019 Funding: $37,000.00 Program: Tukwila Food Bank 2020 Funding: $37,000.00 Effective Date: January 1, 2019 — December 31, 2020 Total: $74,000.00 Definition of Service Unit: Report number of unduplicated Tukwila residents. Report pounds of food distributed to all Tukwila residents. * No goal set — 'report on' function. * Narrative due quarterly on trends and needs. * Quarterly budget sheet to be submitted quarterly. Quarter Service Unit # of Units Cumulative Total 1st Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. 2nd Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. 3rd Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. 4th Unduplicated City of Tukwila residents served Report on Number of pounds of food distributed Report lbs. ANNUAL TOTAL The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Program Coordinator. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. Personnel $37,000.00 Non -Personnel $ Budget/Award total $37,000.00 CA Revised December 2016 Page 5 of 6 47 Demographic and Outcome Data Report The Agency shall collect and retain demographic data from the persons served through this contract. Data should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome data shall be submitted annually in conjunction with the Demographic report. Data should be collected and demonstrate the program's progress toward Outcomes as specified below. Outcome: 75% of clients will have increased access to food, will have felt welcomed, and skipped fewer meals. Measurement: Annual survey will be conducted asking specific questions, data will be tabulated and percentages of success recorded. QUARTERLY REPORTS DUE DATES 1st thru 3rd quarter reports 1st = April 15th 2nd = July 15th 3rd = October 15th 4th and final annual reimbursement First week in January. Date to be announced. Outcomes and demographics January 31st, 2020 / January 29th 2021 CA Revised December 2016 Page 6 of 6 48 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Jack Pace, [3C[yDirector BY: Nora G|er/oft Deputy K]CDODnaotmr CC: Mayor Ekberg DATE: December 4,2018 SUBJECT: |nter|ooa/Agreement with South King County Housing and Homelessness Partnership ISSUE This interlocal agreement would allow Tukwila to join with nearby cities to cooperatively address the issues of affordable housing and homelessness. BACKGROUND . Tukwila has had a longstanding concern about the housing challenges faced by its residents. These include decreasing affordability as development pressures escalate, declining housing quality, lack of family sized rental units, and few units affordable to those making 3096 Or less of AM|. The Housing Element of the Comprehensive Plan contains the following language: Goal 3.2 The City of Tukwila has safe, healthy and affordable homes for all residents in Tukwila. Implementation Strategy Participate atthe regional level, bysupporting South King County Housing and Neighborhood Planner position to work collaboratively with the Planning, Code Enforcement, and Human Services Divisions. This position would aid in the achievement of identified housing needs. Responsibilities could include pursuing and overseeing grant opportunities, developing relationships with for -profit and non-profit stakeholders for City and regional affordable housing development, increasing representation in regional efforts to fund affordable housing, supporting land use and rental housing programs to improve the condition of affordable housing for Tukwila's residents, and exploring establishing aneighborhood council/liaison program. Tukwila's primary options for increasing our supply of affordable housing include: 1. Developing new housing ourselves bvdedicating funding and seeking grants; 7. Contributing funds and support to a regional housing development group similar to ARCH' . 3. Offering Code incentives, |oDd and/or funding to encourage other agencies and non- profits todevelop housing, such oeSHAG otTukwila Village; 4. Making Zoning Code changes toencourage private development such 8s the Accessory Dwelling Unit ordinance; Or 5' Purchooing, remodeling and managing existing units similar to the King County Housing Authority's practice. In 2017 the City Council held o Housing Policy Work Session to review and prioritize actions to address housing affordability, creation and quality, see Attachment B. Based on that policy direction staff has been working through the list of actions as time and resources permit. 49 INFORMATIONAL MEMO Page 2 50 DISCUSSION Tukwila has been participating in the South King Housing and Homelessness Partnership regional working group since 2O10 to identify approaches to housing issues. This collaborative model is h8agd on similar approaches used in Snohomish C0untv, East King County, and other onaGa across the country. Given the regional nature of the housing crisis Administration recommends collaborating with our neighbor cities to pool our resources for greatest efficiency. Tukwila would gain access to two FTEs of staff who are subject matter experts in housing and focused only on that issue. This would be more cost effective than hiring our own oVnnU|tnnto. JurisdicUnnsPrnAoanq Participation in8KHHPintheir Budqeto Auburn Buhgn Covington Kent Normandy Park Renton King County and King County Housing Authority Jurisdictions Still ConoidghnqParticipation Des Moines Federal Way Maple Valley The next step would be to continue to work with the other jurisdictions facing similar housing challenges tocreate ofinal version nfthe|nbadoca|aQree see the current draft ot Attachment A. The draft work plan objectives for the collaboration include: 1. Technical assistance to member jurisdictions to create affordable housing; 2. Strategies for housing stability and preservation ofexisting affordable housing stock; 3. Establishment of a South King County capital fund for housing development and preservation; 4. Support for local Comprehensive Plan housing elements; 5. Represent member jurisdictions 8tregional forums; G. Educate and advocate member jurisdictions' interests at the State Legislature; 7. Assist in implementing an ongoing collaboration through the interlocal agreement; and O. Outreach and education around affordable housing options and opportunities. FINANCIAL IMPACT Due tothe uncertainty about the number ofparticipating jurisdictions vvaUonot have afinal number for TuNwi|o'ashare ofthe project. Wgexpect that it'will beapproximately $10,500per year. We would only support a 2 year duration for the agreement to align with budget cycles. RECOMMENDATION The Council |Sbeing asked toapprove a future final version cf the |ntar|000|agreement and consider this item at the January 14.2O1SCommittee of the Whole meeting and subsequent January 21.2O19Regular Meeting. ATTACHMENTS A. Draft |ntednca|Agreement with SKHHP B. Tukwila City Council Housing Policy Priorities C. Housing Consortium Tukwila City Snapshot DonuncUAgenda |\omsoC0CDN12'11\nowGxCx*PMemo 12-11'1Sdocx DRAFT Draft Interlocal Agreement for SKHHP South King Housing and Homelessness Partners (Effective Date: Month, Day, 2018) This Interlocal Agreement ("Agreement") is entered into by and between the Cities of., and King County, each municipal corporations and political subdivisions of the State of Washington (individually, a "Party" and collectively, the "Parties"). This Agreement relates to the creation and operation of a joint undertaking among the Parties hereto to be known as the South King Housing and Homelessness Partners ("SKHHP"). This Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction. WHEREAS, the Parties have a common goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS, the Parties desire to provide a sound base of housing policies and programs in South King County and to complement the efforts of existing public and private organizations to address housing needs in South King County; and WHEREAS, the Parties desire to act cooperatively to formulate affordable housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources, to support implementation of the goals of the Washington State (the "State") Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources; and WHEREAS, the intent of this cooperative undertaking is not to duplicate efforts of non-profit corporations and other entities already providing affordable -housing -related services; now therefore, 1 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 Attachment A 51 DRAFT NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals and the following terms and conditions: 1. PURPOSE. All Parties to this Agreement have responsibility for local and regional planning for the provision of housing affordable to residents that work and/or live in South King County. The Parties desire to act cooperatively to formulate affordable housing policies that address housing stability and to foster efforts to preserve and provide affordable housing by combining public funding with private -sector resources. In order to accomplish the purposes of this Agreement, the Parties desire to create a joint and cooperative undertaking responsible for administering the activities described herein. The partnership among the Parties shall be called the South King Housing and Homelessness Partners ("SKHHP"). The Parties further intend that this Agreement serve as a legal framework for all participating communities within the broader SKHHP sphere of influence [?I (See Exhibit A) to do the aforementioned work. The Parties encourage other cities and other public and private entities in South King County to join the Parties in this endeavor. 2. STRUCTURE; CREATION OF JOINT BOARD. By executing this Agreement, the Parties hereto create a joint board pursuant to RCW 39.34.030(4) to govern SKHHP. The joint board created hereunder shall be called the "Executive Board" and shall be composed of members as provided for in section 4.a of this Agreement. The joint board created hereunder is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Executive Board shall act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. The Executive Board is not authorized to own assets or hire employees. 3. RESPONSIBILITIES AND AUTHORITY. In order to carry out the purposes of SKHHP and this Agreement, the Executive Board shall have the following responsibilities and authority: a. Create and carry out an annual work plan approved by the Executive Board to guide the work of SKHHP staff. The work plan will include activities that may benefit multiple participating jurisdictions or individual jurisdictions. The work plan activities will be consistent with the purpose described in this Agreement. 2 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 52 DRAFT b. Provide recommendations to the Parties regarding the allocation of public and private funding for affordable housing purposes. c. Through its Administering Agency (defined in Section 5), enter into agreements with third parties for the use and application of public and private funds contributed by individual Parties to the SKHHP Housing Capital Funds Account established in Section 12, under such terms and conditions as may be agreed by the individual contributing Parties, as further described in Section 12. At least annually, report to the Parties on the geographic distribution of all housing capital funds as recommended by the SKHHP Executive Board. d. Provide recommendations to the Parties regarding local and regional affordable housing policies. SKHHP staff will assist the Parties in developing strategies and programs to achieve State Growth Management Act housing goals, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans, as appropriate. e. SKHHP staff will provide technical assistance to any Party considering adoption of land use incentives or requirements, or affordable housing programs. SKHHP staff will research model programs, develop draft legislation, prepare briefing materials and make presentations to planning commissions and councils upon request by a Party. SKHHP staff will assist Parties in developing strategies and programs to implement county- wide affordable housing policies to meet State Growth Management Act objectives, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans for an equitable and rational distribution of low- and moderate -income housing. f. Facilitate cooperation between the private and public sector with regard to the provision of affordable housing. SKHHP staff will work directly with private developers, financial institutions, non-profit corporations and other public entities to assist in the implementation of affordable housing projects. SKHHP staff will work directly with any Party to provide technical assistance with regard to the public funding of affordable housing projects and the implementation of affordable housing regulatory agreements for private developments. 3 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 53 DRAFT g. SKHHP staff will also provide assistance in making public and private sites available for affordable housing and in developing affordable housing alternatives for such sites. h. After the Housing Capital Fund is created, develop standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing. i. Provide other technical advice to any Party upon request and to enter into agreements to provide technical assistance to other public entities on a reimbursable basis. j. Provide support and educational activities and to monitor legislative and regulatory activities and proposed policy changes related to affordable housing at the county, state and federal levels. Ensure that the parties to this Agreement have a strong South King County voice in regional decision making. k. After the Housing Capital Fund is created, develop and carry out procedures for monitoring of affordable units and to administer direct service housing programs on behalf of any Party. Such direct service housing programs may include but are not limited to relocation assistance programs, rent voucher and/or deposit loan programs, etc. 1. Work directly with other public and private entities for the development of affordable housing policies and encourage the provision and preservation of affordable housing. m. Work with the Community Advisory Board appointed under this Agreement and South King County agencies working on regional housing stability and housing affordability, identify trends and promising practices, and mobilize those agencies to support South King County positions in regional decision making forums. n. Support public and private fundraising efforts of public and private entities (including non-profit corporations) to raise funds to carry out the purposes of this Agreement. Enter into agreements with such entities for the use of such funds in order to carry out the purposes of this Agreement. o. Pursuant to the direction of the Executive Board, accept public and private funding, to invest such funds in 4 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 54 DRAFT accordance with State law, and take other appropriate and necessary action to carry out the purposes of this Agreement. 4. EXECUTIVE BOARD. a. Membership. SKHHP shall be governed by an Executive Board composed of either the Mayor or City Manager/Administrator for each city and the King County Executive, or their designated representative, of each Party, with the following exception. There will not be more than two members on the Executive Board representing cities with population less than 5,000 persons, unless approved by the Executive Board. In the event that there are more than two Parties to this Agreement with population less than 5,000 persons, then those Parties will propose to the Executive Board for the Executive Board's approval, a method for shared membership on the Executive Board by those Parties. Any member of the Executive Board representing more than one Party must be approved by the chief executive officer of those Parties being represented by the shared Executive Board member. The Executive Board shall administer this cooperative undertaking pursuant to the terms of this Agreement and pursuant to any procedures adopted by the Executive Board. b. Chair. The Chair of the Executive Board shall be elected by the members of the Board from the Board membership; shall preside over all meetings of the Executive Board; and shall, in the absence of a Program Manager provided for in Section 5 of this Agreement, process issues, organize meetings and provide for administrative support as required by the Executive Board. The Chair shall serve a one-year term, but may be reelected by the Executive Board. c. Alternate Member. Each member of the Executive Board shall be entitled to designate one alternate member who shall serve in the place of the member on the Executive Board during the member's absence or inability to serve. Notice of such designation shall be provided to the Chair of the Executive Board. An alternate member may only vote on behalf of his/her appointing Party if: (a) the Chair has received written notice of the alternate's appointment and (b) the chief executive officer is absent from the meeting. d. Powers. The Executive Board shall have the power to (1) develop and approve an annual budget and work program for SKHHP; (2) adopt procedures for the administration of SKHHP and 5 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 55 DRAFT for the conduct of meetings; (3) make recommendations to the Parties concerning planning, policy, programs and the funding of affordable housing projects; (4) establish policies for the expenditure of budgeted items; (5) appoint one or more of the Parties to serve as an "Administering Agency" to carry out administrative functions as further described in this Agreement; (6) establish a special fund with the Administering Agency as authorized by RCW 39.34.030, to be known as the "Operating Fund of the SKHHP Joint Board" ("SKHHP Fund") within which Fund may be established various accounts and subaccounts including but not limited to a "SKHHP Operating Account" (into which will be deposited funding for the SKHHP operating budget) and a "Housing Capital Funds Account"; (7) hold regular meetings on such dates and at such places as the Executive Board may designate; (8) through its Administering Agency, enter into contracts and agreements for the provision of personnel and other necessary services to SKHHP, including accounting and legal services and the purchase of insurance, and authorize the Administering Agency to execute such other contracts, agreements or other legal documents necessary with public and private entities for SKHHP to carry out its purposes; (9) establish the responsibilities and direct and oversee the activities of the Program Manager; (10) appoint Advisory Board Members; (11) assist with incorporating and/or work with a non-profit corporation to accept grants, donations and other funds on behalf of SKHHP and through its Administering Agency, enter into contracts or other agreements with such agency for the use of such fund to carry out the purposes of this Agreement; and (12) take whatever other action is necessary to carry out the purposes of this Agreement. 5. ADMINISTRATION AND OVERSIGHT. The Executive Board shall have final decision -making authority on behalf of SKHHP over all legislative and administrative matters within the scope of this Agreement. The Executive Board may delegate responsibility for general oversight of the operations of SKHHP to a Program Manager. The Program Manager shall submit quarterly budget performance and progress reports on the status of the work program elements to the Executive Board and the governing body of each Party. Such reports and contents thereof shall be in a form acceptable to the Executive Board. The Executive Board shall designate one of more of the Parties to serve as the Administering Agency, which will provide administrative support services on behalf of SKHHP. The Administering Agency shall be the Fiscal Agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. SKHHP shall 6 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 56 DRAFT be staffed with personnel provided by the Parties and/or independent contractors contracting with the Administering Agency on behalf of SKHHP. Any Party providing personnel to SKHHP shall remain solely responsible for the continued payment of any and all compensation and benefits to such personnel as well as for any worker's compensation claims. All Parties shall cooperate fully in assisting SKHHP to provide the services authorized herein. 6. MEETINGS OF EXECUTIVE BOARD. a. Frequency. The Executive Board shall meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Executive Board shall consist of the Board members (or alternates) who represent a simple majority of the Board's membership. c. Action. No action may be taken except at a meeting where a quorum exists. Action by the Executive Board requires an affirmative vote by a majority of the Board's membership, provided however, that a supermajority (66% in number of Board members) shall be required to appoint the Administering Agency. Each Executive Board member, or his or her alternate, shall have one vote on any proposed action. Members must be present at a meeting and may not vote by proxy. To the extent applicable to meetings of the Executive Board, the Executive Board shall comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 7. ADVISORY BOARD. An Advisory Board is hereby created to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public relations and educational outreach services. The Advisory Board shall consist of not more than fifteen (15) and not less than twelve (12) members. The Executive Board shall appoint members to the Advisory Board. Members appointed to the Advisory Board must have knowledge and understanding of affordable housing and be committed to the furtherance of affordable housing in South King County. Appointments shall be for a four-year term with service limited to a total of two consecutive terms. The Executive Board shall adopt procedures for the convening and administration of the 7 DRAFT SKHHP Inter ocal Agreement dated October 17, 2018 57 DRAFT Advisory Board. A member may be removed from the Advisory Board by the Executive Board with or without cause upon a majority vote of membership of the Executive Board. 8. MEETINGS OF ADVISORY BOARD. a. Frequency. The Advisory Board shall meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Advisory Board shall consist of the Board members who represent a simple majority of the Board's membership. c. Action. No action may be taken except at a meeting where a quorum exists. Action by the Advisory Board requires an affirmative vote by a majority of those members attending a Board meeting where a quorum exists. Members of the Advisory Board must be present at a meeting and may not vote by proxy. To the extent applicable to meetings of the Advisory Board, the Advisory Board shall comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 9. DURATION AND TERMINATION. This Agreement shall be of five years' duration and shall continue in effect for subsequent five-year periods upon affirmative vote of a majority of the membership of the Executive Board. Any vote to continue the Agreement shall be taken between three to six months before the end of the five-year term. This Agreement may be terminated at any time by affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. Upon termination of this Agreement, all property acquired during the life of the Agreement shall be disposed of in the following manner: (i) all property contributed without charge by any Party shall revert to the contributing Party; (ii) all property purchased on behalf of SKHHP after the effective date of this Agreement shall be distributed to the Parties based on each Party's pro rata contribution to the overall budget at the time the property was purchased; (iii) except as provided in Subsection (iv) below, all unexpended or reserve funds shall be distributed to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated; 8 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 58 DRAFT (iv) all uncommitted monies in the Housing Capital Funds Account shall be distributed to the Parties by remitting the total uncommitted amounts remaining in each Party's Individual Account (as described in Section 12) to that Party; and (v) each Party that has funded a project through the Housing Capital Funds Account shall be substituted for the Administering Agency with regard to all project financing documents, and the Administering Agency shall be released from further obligations with respect thereto. 10. WITHDRAWAL. For the initial two years of this Agreement, any Party may withdraw from this Agreement by giving three months written notice to the Executive Board, by October 1, 2020, of its intention to terminate, effective January 1 2021. The initial members of SKHHP agree they will participate for at least the first two years of the collaboration. In subsequent years, any party may withdraw from this Agreement by giving six months written notice to the Executive Board, by July 1, of its intention to terminate by January 1 of the following year. Any Party withdrawing from this Agreement shall remain legally and financially responsible for any obligation incurred by the Party pursuant to the terms of this Agreement, including but not limited to any project financing documents executed by the Administering Agency on behalf of that Party, during the time the withdrawing Party was a member of SKHHP. A notice of withdrawal may be revoked by the Party that submitted the notice only by approval of a majority of the Executive Board to accept the revocation. Any party that provides written notice of their intent to withdraw may continue to vote on all matters before the Executive Board except the budget and work plan for the following year. 11. BUDGET. The fiscal year for SKHHP shall be January 1 to December 31 of any year. The budget for the first year of SKHHP is attached to this Agreement as Exhibit B and incorporated herein by this reference. Approval of this Agreement by the legislative body of each Party shall be deemed to be approval of the first year SKHHP budget. For subsequent years, on or before June 1st of each year, a recommended operating budget and work plan for SKHHP for the next budget year shall be prepared, reviewed and recommended by the Executive Board and transmitted to each Party. The recommended operating budget shall contain an itemization of all categories of budgeted expenses and shall contain an itemization of the amount of each Party's contribution, including in -kind services, toward that budget. Contributions to the SKHHP annual budget may also come from other public or private entities. 9 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 59 DRAFT The Executive Board shall approve acceptance of those contributions. a. No recommended budget or work plan shall become effective unless and until approved by the legislative body of each Party and adopted by the Executive Board. Once the legislative body of each Party has approved its contribution to SKHHP, either separately or through its budget process, and the SKHHP budget has been adopted by the Executive Board, each Party shall be obligated to make whatever contribution(s) is budgeted for that Party. b. Such contribution(s) shall be transmitted to SKHHP on a quarterly basis at the beginning of each quarter unless otherwise provided in the budget document. Each Party shall specify the amount of its contribution to be deposited by the Administering Agency into the SKHHP Operating Account, as well as the amount, if any, to be deposited into the Party's Individual Account within the SKHHP Housing Capital Funds Account established by Section 12. c. If any Party is delinquent by more than three months in the payment of its approved operating budget contribution to the SKHHP Operating Account, such Party shall not be entitled to vote on matters before the Executive Board until such delinquency has been paid; provided however, that a Party's decision not to contribute funds to its Individual Account, or its delinquency in funding the same shall not affect that Party's voting rights on the Executive Board. 12. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. Upon resolution of the Executive Board, the Administering Agency may establish and maintain an account within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account shall be held and disbursed by the Administering Agency as described herein. a. Within the Housing Capital Funds Account, a sub - account shall be established for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Such sub -accounts are collectively referred to as the "Individual Accounts." Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. 10 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 60 DRAFT b. A subaccount shall be established within each Individual Account for each project or program funded in whole or part by a Party from its Individual Account. Such sub -accounts are referred to as "Project Accounts." c. The Administering Agency shall maintain records sufficient to separately track the deposits, withdrawals and interest earnings, within each Individual Account and each Project Account, and shall provide quarterly reports to all Parties as to the status of funds in each Individual Account and Project Account. The Administering Agency's responsibilities under this Section may be delegated to the SKHHP Program Manager to the extent consistent with applicable law and as the Administering Agency and Executive Board may agree. d. Funds transmitted to SKHHP for deposit in the Housing Capital Funds Account shall be held by the Administering Agency on behalf of SKHHP until directed for application to a specific project or program by the contributing Party; provided, that uncommitted funds in an Individual Account shall be remitted to the contributing Party within 45 days of receipt of written request from the Party signed by its chief executive officer, or upon the Party's withdrawal from SKHHP in accordance with the terms of Section 10, or upon the dissolution of SKHHP per Section 9. e. Funds within the Housing Capital Funds Account shall be invested by the Administering Agency in investments permitted by State law for investment of public funds. Investment earnings shall be credited to each Individual Account and Subaccount on a pro rata basis. f. The Executive Board shall develop standard forms of approvals and agreements to be used in the application of funds contributed to the Housing Capital Funds Account (collectively referred to as "project financing documents"), consistent with the following goals and procedures: (i) Each Party choosing to participate in funding a project or program through the Housing Capital Funds Account will by action of its legislative body authorize the application of a specified amount of its Individual Account monies to such project or program, and shall authorize and direct the SKHHP Executive Board, the Program Manager, and the Administering Agency to take such actions as necessary to accomplish this. The 11 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 61 DRAFT Executive Board shall recommend to the individual legislative bodies various terms to accompany their authorizations, and the legislative body authorizations shall at a minimum include terms related to: 1. amount of funds allocated; 2. project description, including minimum affordability requirements, if any; 3. nature of the funding commitment (loan, grant, or other); 4. in the event the funding commitment is provided as a loan, the general repayment terms including but not limited to the term of the loan and applicable, interest rate(s); and 5. a general description of the security interests, if any, to be recorded in favor of the Party. (ii) For each individual housing project or program to be funded through the Housing Capital Funds Account, the developer, owner or administrator of such project or program (generally referred to as the "developer"), shall enter into the necessary set of agreements (project financing documents) with the Administering Agency. The project financing documents shall specify that the Administering Agency is acting as administering agency on behalf of each Party that is providing Housing Capital Funds Account funding to the project or program pursuant to this Agreement and RCW 39.34.030(4), and shall identify each such participating funding Party. The project financing documents will be consistent with general forms of agreement approved by the Executive Board and the terms and conditions approved by the legislative bodies of the funding Parties. The project financing agreements will incorporate all terms and conditions relative to the use and (if applicable) repayment of such funds, and provide for transfer of the Housing Capital Funds Account monies from the funding Parties to the developer. (iii) Funding contributions to, and repayments (if any) from, specific projects and programs shall be recorded by the Administering Agency, including recording of monies deposited and withdrawn from each Party's Individual Account and Project Accounts therein. Repayments (if any) under any project financing agreement shall be applied pro rata to the funding Parties' Individual Accounts based on the ratio of 12 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 62 DRAFT funding contributed to the project by each Party, unless the funding Parties otherwise agree. (iv) Unless the Parties funding a project or program through the Housing Capital Funds Account otherwise agree, a default, termination or other action against a developer or other third party may be declared only after securing approval in writing of the chief executive officers of funding Parties which together have contributed not less than 51% of the total SKHHP member funding to the project. The Administering Agency shall provide reasonable notice and information regarding the status of projects as necessary to each funding Party's Chief Executive Officer to allow him or her to make a timely decision in this regard. Funding parties not consenting to such default, termination or other action shall be bound by the decision of the majority. All funding Parties shall be obligated on a pro rata basis (based on their contributions to the project) to pay to the Administering Agency its reasonable costs and expenses incurred in furtherance of such actions. Any funds recovered through such actions shall be allocated to the funding Parties Individual Accounts pro rata based on their respective funding contributions to a project. The Executive Board may from time to time authorize the Administering Agency to administer housing project agreements entered into prior to the effective date of this Agreement, upon terms consistent with this Agreement and subject to the consent of the Administering Agency and the Parties to such agreements. 13. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions to the SKHHP Operating fund shall be based on groupings of like - sized cities (based on population), or whatever contribution methodology is approved by a two-thirds majority of the Executive Board. Funding for the activities of SKHHP shall be provided solely through the budgetary process. Unless otherwise specified in this Agreement, no separate dues, charges or assessments shall be imposed or required of the Parties except upon unanimous vote of the membership of the Executive Board and ratification by the legislative body of each Party subject to the separate dues, charges or assessments. An approved budget (the overall revenues and expenditures) shall not be modified unless and until approved by the legislative body of each Party and finally adopted by the 13 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 63 DRAFT Executive Board; provided that, in the event a Party agrees to totally fund an additional task to the work program, not currently approved in the budget, the task may be added to the work plan and the budget amended to reflect the funding of the total cost of such task by the requesting Party, upon approval by a majority of the membership of the Executive Board without approval by the individual Parties. Notwithstanding the foregoing, contributions by a Party to its Individual Account within the Housing Capital Funds Account shall be solely within the discretion of that Party and are not considered "dues or assessments." 14. INDEMNIFICATION AND HOLD HARMLESS. a. Each Party shall, indemnify and hold other Parties (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party's wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. In the event of recovery due to the aforementioned circumstances, the Party responsible for any such wrongful acts or omissions shall pay any judgment or lien arising therefrom, including any and all costs and reasonable attorneys fees as part thereof. In the event more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorneys fees, shall be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. b. 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 a Party hereto (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency), its officers, officials, employees, and volunteers, the Party's liability hereunder shall be only to the extent of the Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this Section shall survive the 14 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 64 DRAFT expiration or termination of this Agreement. c. Each Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP's Administering Agency) shall give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. 15. INSURANCE. The Executive Board, Program Manager and the Administering Agency shall take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practice. The Executive Board shall determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of SKHHP and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and shall direct the acquisition of same. 16. AMENDMENTS. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two thirds (66%) of the legislative bodies of all Parties to this Agreement, evidenced by the authorized signatures of such approving Parties as of the effective date of the amendment; provided that any amendment to this Agreement affecting the terms and conditions of membership on the Executive Board, powers of the Executive Board, voting rights of Executive Board members, Party contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or the conditions of this Section shall require consent of the legislative authorities of all Parties. This Section shall not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 17 or for any related revision to Executive Board membership authorized in Section 4(a). 17. ADDITIONAL PARTIES. Any city, town or county within the approved SKHHP Sphere of Influence may, upon execution of the Agreement and approval of the budget and work plan by its legislative body, become a Party to this Agreement upon affirmative vote of a majority of the membership of the Executive Board. The Executive Board shall determine by a vote of a majority of its membership what, if any, funding obligations such additional Party shall commit to as a condition of becoming a Party to this Agreement. 15 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 65 DRAFT 18. SEVERABILITY. The invalidity of any clause, sentence, paragraph, subdivision, section or portion thereof, shall not affect the validity of the remaining provisions of the Agreement. 19. CONFLICT RESOLUTION. Whenever any dispute arises between the Parties or between a Party or Parties, the Executive Board, or the Administering Agency (referred to collectively in this Section as the "parties" ) under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting shall include the Chair of the Executive Board, the Program Manager, and the representative(s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute shall share equally the costs of mediation and assume their own costs. 20. SURVIVABILITY. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 9 (Duration and Termination), Section 10 (Withdrawal), Section 14 (Indemnification and Hold Harmless) shall remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement. 21. WAIVER. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. 22. SUBSEQUENT BREACH. Waiver of any default shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 23. NOTICE. Any notice to the Executive Board shall be in writing and shall be addressed to the Chair of the Executive Board and to the Program Manager. In the absence of a Program Manager, notice shall be given to the Chief Executive Officer of the Administering Agency. Any notice to an Officer or Party shall be 16 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 66 DRAFT sent, respectively, to the address specified by the chief executive officer of the Party. 24. ASSIGNMENT. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without Executive Board approval. 25. VENUE. This Agreement and any rights, remedies, and/or obligations provided for in this Agreement shall be governed, construed, and enforced in accordance with the substantive and procedural laws of the State. The Parties agree that the Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 26. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain the responsibility and authority for managing and maintaining their own internal systems and programs related to affordable housing activities. 27. INDEPENDENT CONTRACTORS AND NO THIRD PARTY BENEFICIARIES. Each Party to this Agreement is an independent contractor with respect to the subject matter herein. No joint venture or partnership is formed as a result of this Agreement. Nothing in this Agreement shall make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No employees or agents of one Party shall be deemed, or represent themselves to be, employees of another Party. This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. 28. NONDISCRIMINATION. The Parties shall comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 29. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated Agreement. 17 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 67 DRAFT 30. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This Agreement shall become effective January 1, 2019, subject to its prior approval by the legislative bodies of all jurisdictions who are members of SKHHP as of January 1, 2019, and, pursuant to ROW 39.34.040, upon recording this Agreement or posting this Agreement on a Party's web site or other electronically retrievable public source. Approved and executed this day of ,2018. Name of Party: Approved as to form By; Its: City Attorney 18 DRAFT SKHHP Interlocal Agreement dated October 17, 2018 68 8 luawyDell' City Council Housing Policy Priorities Schedule Ranked Actions Ongoing Held July 2017 2018/2019 Tukwila International Boulevard Code Amendments Effort Varies Medium Very High Department Notes DCD HS/ Comm DCD Bellwether, River -ton Cottages, Tukwila Village, Airmark Multiple languages, school and community outreach Zoning and possible Comp Plan Amendments Update and Amnesty 2018 Update to Accessory Dwelling Unit zoning standards, including Detached Units followed by an amnesty and life safety review Medium DCD/ Consultant Includes Design standards, amnesty period, code changes To follow TIB Change Multi -Family Tax Exemption -Pilot program in Urban center, TIB to follow Medium DCD/ED Decide on target area, unit criteria, affordability Budget Dependent On hold for TIB Reducing Low Density Residential Lot Size by Neighborhood or Change to 6,000 SF Citywide Allow Duplex/Townhomes in LDR by Neighborhood - possibly as transition zones between commercial and LDR Very High/ Medium Very High DCD DCD Citywide reduction could be lower effort, easier to administer Start w/TIB buffer? Rezone to MDR? Need Comp Plan amend To follow Riverton Proj Housing Options Ordinance for Cottage/Compact Homes High DCD/ Consultant Demonstration ordinance or permanent, limit on If or size? Budget Dependent Habitat for Humanity Neighborhood Revitalization Low DCD/HS Requires budget allocation Mobile Home Park change of use regulations Medium Review other city ordinances that provide protections to tenants upon change of use Do not schedule Multi -Family Rehabilitation Trust Fund High Finance/ED Requirement to maintain rents at existing levels? Do not schedule Multi -Family Tax Exemption (METE) for Rehabilitation High ED Currently no buildings qualify per State rules Other Actions Adopted 2018 Parks and Fire impact fees and development permit fees may be reduced for affordable housing developments with 2 or more bedrooms or that serve tenants with incomes lower than 50% of median, TMC Chapter 16. Low DCD/PW/ Parks/Fire Included in code update Adopted 2017 Source of Income Discrimination prohibited, TMC 8.47 Low Administrati on Adopted 2006 Relocation assistance for tenants required when displaced due to owner action, TMC 8.46 Low Adopted 1998 Higher density and lower parking allowed for senior citizen housing developments, Zoning Code. Medium DCD Tukwila Village, Marvelle, Vintage, Quail Park O Tukwila Population: 19,920 (Yr 2014) Region: South King County Housing Gap Analysis Income Level < 30% AMI 30%-50% AMI 50%-80% AMI Percent of Units Available 2.8%% 22.1% 44.5% County Need 12% 12% 16% Percentage Point Gap (9.2) pts 10.1 pts 28.5 pts Housing Profile Median Home Sales Price: $210,000 Zillow Rent Index: $1,660 Cost Burden: Total: 50% / Renter: 55% / Homeowner: 50.2% Total Housing Units: 7,579 (Rental: 4,695/ Owner: 2,884) Vacant Housing Units: 6.84% SW King Co. Unsheltered Homeless Count: 315 Housing Policy Evolution • Includes a policy to work with residents and property owners to address affordable housing needs • Adds new commitments to support very low-, low- and moderate -income housing and assist underserved persons • Adds four commitments to ensure safe, healthy and affordable housing • Includes four policies to increase long-term residency Housing Policies and Implementation Fund Source Zoning and Land Use Special Population and Inclusive Housing Incentives and Exemptions Partnerships and Collaboration Housing Stock, Preservation and Quality Commitments • Support equitable distribution of regional funds • Revise zoning map and development codes • Provide zoning for all types of housing • Adapt housing design standards to address the needs of all populations • Provide residents human services, economic development and transportation needed to increase access to housing options • Develop relationships with populations that have been historically underserved • None • Emphasize the equitable distribution of regional funding • Utilize regional efforts and regional housing development • Cooperate with new and existing permanent housing managers • Work as a facilitator between property owners and affordable housing groups • Provide zoning for various types of housing • Develop preservation programs • Implement Residential Rental Licensing and Inspection program • Support the maintenance, weatherization, rehabilitation and long-term preservation of existing housing resources • Work as a facilitator between property owner and affordable housing groups o luewg3e1Tv Implementation • None • High density residential district • Transit -oriented development, but with limited code provisions to incentivize TOD • Planned residential development • Provide areas for family and group residential uses • Increased density and reduced parking requirements for senior housing • Community Connectors program • Impact fee exemptions • Multi -family tax exemption (MFTE) with affordability • Offers height bonuses • Reduced parking requirements • King County Consortium • Initial conversations with KCHA, DASH, Bellwether • Manages Residential rental business license and inspection Program • Minor home repair program • Accessory dwelling units • Short subdivisions old items are commitments that were not yet implemented as of June 2016. 72 TO: City of Tukwila I FOR ATIO AL E ORANDU Transportation and Infrastructure Committee Community Development and Neighborhoods Committee FROM: Jack Pace, Community Development Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: November 30, 2018 SUBJECT: Policy options regarding Sound Transit Allan Ekberg, Mayor ISSUE Staff has identified several issues related to Sound Transit facilities and anticipated service within the City. This memo provides the City Council members with potential options to address the City's concerns in a manner that benefits Tukwila residents and businesses. BACKGROUND Tukwila currently has two operational stations: Tukwila International Boulevard Station (TIBS) and Tukwila Commuter Rail Station. The Sound Transit 3 (ST3) Plan that was approved by voters in 2016 includes another Light Rail Station near Boeing Access Road and a 1-405 Bus Rapid Transit (BRT) station at TIBS. DISCUSSION Link Light Rail Tukwila City Council entered into a Development Agreement with Sound Transit for development of Light Rail in 2004. Also, the Council approved the Unclassified Use Permit (UUP) for the Link Light Rail in 2004. This approval required three years of noise and vibration monitoring and testing by Sound Transit. Also, prior to the UUP the Director of Community Development issued the Parking Determination in 2004, which included detailed conditions related to parking usage, monitoring, and increasing parking supply based on demand. Sound Transit conducted the first year noise testing in 2009 and the measurements identified several locations with noise or vibrations levels exceeding the Federal Transit Administration's (FTA) criteria. In 2011, the Dispute Resolution Settlement Agreement was entered between the City and Sound Transit addressing the noise and parking issues. The requirements for the noise and vibration monitoring and reporting to the City as stipulated by the Settlement Agreement have been met. The conditions of the Settlement Agreement related to parking are not being met. In addition to the parking concerns the Tukwila Police Department has expressed that security and safety concerns have not been resolved. There are concerns about additional calls for service: In 2017, the Tukwila Police Department responded to 337 calls for service at the Light Rail Station, averaging 28 calls for service per month. There are consistently large groups loitering on the property. Illegal parking has resulted in the blocking of streets and driveways in the vicinity particularly during Sounders, Mariners and Seahawks games. Issues related to access to camera feeds and the camera system at the station continue. Additionally, there are issues related to inadequate access to restrooms by the public due to implementation of the token system. 73 INFORMATIONAL MEMO Page 2 74 The Development Agreement sets forth the steps to follow in order to resolve disputes such as these. The City has not initiated the dispute resolution process. 1-405 Bus Rapid Transit The Sound Transit 3 (ST3) Plan was approved by voters in 2016 to expand the regional mass transit system with new light rail, bus rapid transit and commuter rail stations. The 1-405 Bus Rapid Transit (BRT) will serve communities from Burien to Lynnwood. The 1-405 BRT project includes new parking facilities in Renton and Kirkland; a new bus fleet and new maintenance facility near Bothell. Bus service will run every 10 minutes during peak hours and every 15 minutes during off-peak hours, providing up to 19 hours of service Monday- Saturday and up to 17 hours on Sunday. In Tukwila, a BRT station is planned at Tukwila International Boulevard Link Light Rail station (TIBS). ST3 Representative Project anticipated locating the BRT station within the TIBS site. As part of level one evaluation of options Sound Transit is considering an alternate option of locating a new BRT station along SR 518 with a pedestrian bridge to the TIBS. Sound Transit anticipates significant reduction in the travel time under this option. The new BRT service will bring additional riders to the TIB station and may bring additional bus service on site to connect to the BRT service. Both of those factors will bring generate additional trips to and through the facility. Sound Transit envisions starting the BRT service by 2024 with project refinements and Sound Transit Board approval of refinements in the first quarter of 2019. See Attachment B for the list of stops planned between Burien and Lynnwood and the overall project schedule. Staff had asked Sound Transit to consider a stop, possibly at the Commuter Rail Station, to connect BRT with the growing residential and employment base in the Southcenter area and other modes of transit. Southcenter is a designated Urban Center by King County and the Puget Sound Regional Council and as such should be served by high capacity transit. Sound Transit staff has indicated that since it was not in the list of ST3 representative projects the scope of the BRT route does not include a stop at the Tukwila Commuter Rail Station. An interagency group comprising of staff from various cities along the route has been meeting on a monthly basis. Also, a quarterly meeting of the elected members from various cities has been held a few times. Additionally, Sound Transit solicited public comments via an online open house. Some issues for Tukwila to consider are what are desired changes to the TIB station given the community's goals for the area - what impacts to parking and access should be addressed, should the City push for a transit oriented development (TOD) at the station, and what public process to use for changes to the TIBS station since the original design was approved as part of the UUP permit by Tukwila City Council. City's Vision for the TIB Station Tukwila's Comprehensive Plan envisions a transit -oriented development (TOD) node around Tukwila International Station with a mix of mid to high rise office, multifamily residential and hospitality uses with structured parking that builds on the momentum of the Tukwila International Boulevard Station's proximity to SeaTac Airport (see Attachment C for Comprehensive Plan goals and policies). Another implementation policy of the Comprehensive Plan is to optimize opportunities for transit -supportive redevelopment in and around the station by partnering with the City of SeaTac and Sound Transit. Also, the City of Tukwila is a signatory to the Growing Transit Communities a region wide coalition of businesses, developers, local governments, transit agencies and nonprofit organizations to encourage high quality, equitable development around rapid transit and work towards implementing VISION 2040's growth strategy. INFORMATIONAL MEMO Page 3 Congress for New Urbanism Workshop — TOD design ideas for TIB station As part of the Congress for New Urbanism (CNU) workshop to implement the City's vision for the TIB area in 2017, Sound Transit TOD and CNU staff explored design ideas that included redeveloping the park and ride lot into a higher -density mix of transit -supportive uses including housing, commercial, and office, while providing the same amount of parking but in a structure rather than at surface level. See Attachment D for illustrations of some design ideas for the TIB station showing a new parking deck that adds capacity for new development on the parking lot and infill on the lot north of Southcenter Boulevard. This redevelopment could address the issue of safety in the station lots by providing 24-hour presence with apartments, offices and commercial uses. Commuter Rail Station on Longacres Way The conditions of approval of the Parking Determination for the Commuter Rail station are not being met. The parking demand exceeds the parking supply. Community Connections: pilot project by Metro Metro started working with Tukwila in Fall of 2018 on a Community Connections project to develop innovative and cost-efficient transportation solutions in areas of Tukwila not well connected to frequent transit. The program aims to develop, test, and evaluate new transportation services with the help of a group of Tukwila resident stakeholders and community partners. New transportation services implemented as part of the project are intended to take advantage of innovative ideas, unique partnerships, or emerging technology to meet the community's first- and last -mile transportation needs. POLICY OPTIONS 1. Tukwila International Boulevard Station If Sound Transit selects to locate the Tukwila 1-405 BRT station within the TIBS site, then the policy options for Tukwila are: A) Enforce the Settlement Agreement for more parking; or B) Redesign the station site and facilitate transit -oriented development on the current station site Option A involves increasing parking capacity at the station site, which may not solve the parking woes for Tukwila residents. Given its stature as a regional parking facility, parking availability for Tukwila residents would not change even if significant parking capacity is added. Under Option B there is an opportunity to implement the community's vision: • potential TOD development on the north lot and possibly part of the south lot, • redesign the bus transfer area to accommodate the increase in buses in the future to reflect that TIBS is a multi -modal transit hub; improve bicycle and pedestrian access to station from surrounding community and address operational issues. Additionally, Option B (TOD option), could include working with Metro and Sound Transit to establish a permanent solution similar to the Community Connectors pilot project to increase access for Tukwila residents and businesses to the station without having to drive to the station. Alternately, if Sound Transit selects to locate the new BRT station on the freeway (SR 518) with a pedestrian bridge to the TIBS, the opportunity for transit -oriented development will likely be on the properties that lie on the south side of SR 518. 75 INFORMATIONAL MEMO Page 4 2. Advocate for advancing opening of Boeing Access Road Infill Station As part of ST3 passage another station is planned near Boeing Access Road in Tukwila. There are some development projects in the pipeline around Boeing Access Road. The current schedule shows this station opening in 2031. The City needs to determine if Tukwila should be doing advance planning for the location of the station and advocating for advancing the opening date. Also, there may be an opportunity to work with Metro to plan the station as a future transit center for express busses that currently serve downtown Seattle. 3. Parking at Commuter Rail Station Require more parking at the Tukwila Commuter Rail Station; or explore a partnership with Sound Transit to further the Strander Boulevard extension project; possibly get future BRT stop to connect the Southcenter area; extend Community Connections program to this station; and/or get pedestrian improvements. FINANCIAL IMPACT n/a RECOMMENDATION Discussion only ATTACHMENTS A. Dispute Resolution Settlement Agreement B. 1-405 BRT list of stations, schedule, and TIBS station alternatives C. TIB Comprehensive Plan Goals and Policies D. CNU workshop illustration for TIBS 76 Attachment A 11-104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila, Washington And Sound Transit (Reference City Contract Number 04-086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station (Tukwila Station). Over the past few months, Sound Transit and the City have met in a good -faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative mariner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates (dated December 9, 2009), which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the 1-'IA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area, replacing the existing Type II noise barrier. The existing Type 2 barriers in three other locations will remain. 3, Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise 77 barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. The supplement to the noise report will be submitted to the City within 30 days of the effective date of this Agreement. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel -Rail Noise Study to the City, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011, the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long-telln noise maintenance and monitoring program based on recommendations in the 2011 Wheel Rail Noise Study, authorized by the Sound Transit Board on March 10, 2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. 6. The City will review the supplement to the 2010 noise report, for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit (long term type D) will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above -mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. Tukwila International Boulevard Light Rail Station Parking A dispute arose regarding the need for additional parking at the Tt consistent with the City's 2004 Parking Determination. The resolution to this dispute is as follows: ila Station, 1. Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long-term strategy is to extend light rail to South 200th Street on an accelerated schedule, subject to Sound Transit Board approval anticipated in July 2011, where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200th and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station, will provide an attractive alternative for some of the current users of Tukwila Station parking. 78 2 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on -site and off -site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide & ride parking should it occur as required by the 2004 Parking Determination 4. Following a twelve month period of operation of the South 200th and University Link projects (2017), during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. 5. The City shall defer the requirements of the July 1, 2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31, 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200th. The measurable progress shall include obtaining Sound Transit Board approval; obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Detelinination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31, 2011 This will be processed as a Type II Decision pursuant to the City's Land Use Code. The parties have executed this Agreement as of the last date indicated below. This Agreement shall become effective subject to approval by the Sound Transit Board, SOUND TRANSIT By Joan 1, CEO CITY OF TUICWILA By Steve Lancaster, City Administrator Date: ti1y,1, 2011 Date: July J, 2011 79 80 ATTACHMENT B l 4}5 �B RTwill serve the following locations. Lynnr + c d City r ,with onn coons to Link light rail canyon Park Bothe l) UW B .thell Cas adia Cc 11 ge vic pity with connections' to SR 522 BRT Bricky it CBothefi} Toter Lake/Kingsgate (Kirkland} with expanded parking at Kinggte Parkand-Ride NE 85th str+et Kirkland with a new BRT trove station B 11 v Transit r ter with connectiaris to Link light rail � h street R t tt r with a new BRT tr swa ;station and';'parking south moon with a new tt nsit enter,and parking Tukwila'' lnte atio al Blvd with connections to Link light'rail Burierr';?Transi enter Project Schedule ,oat is n sa n artd,p bi: 1 Obtain Zald use and ttttti pkormlis 'Construction for most of ins SIFT prolocts +txpaclou to,ba jin by 7.43 Construction at t rnto a unantn now bog* briora.2D21 and or/lemma, Styr Wtor,atrvtca start. ise t8 t 81 9/11/2018 BRT station in Tukwila International Boulevard Station {TIES} BRT station as flyer, stop in SR 518 right-of-way with pedestrian bridge Coordination of design with V ISDT and local partners or al BRT remains on SR 518 Up to 7 minutes westbound and up to 9 eastbound Travel time savings for riders, riders boarding and alighting at station, and operating costs Pedestrian walk time from BRT station to light rail mezzanine platform is 2.5 minutes 82 18 , I I I I , , 1 , I , I , , , I , , I I , I , , I I , , 1 1 1 1 1 I , , I 1 1 , I , , I I , , I , , , . 1 , , 1 , I , , I , 1 I , , I , , 1 1 1 , ' I , I , I I I 1 , , I , 1 , I I I , , I 1 , , II , , I 1 , 11 , I I II I , I 1 , I I , 1 1 , I , I , I , ,I I I I I i 1 I i , I , , I 1 I I , , , I , I , 11 , , I , I 1 I , 1 1 I , CHAPTER,'EIpk.i*,,,':„:':,,,,',,,,,',„-:,',' br1,50104, ye" .4".°4t.44P"Ir 4,W '"- ATTACHMENT C 83 recorded during a series of City -sponsored "Community Conversations" with residents. The Tukwila City Council and Planning Commission then met in joint work sessions to review community input and discuss their ideas for the future of the TIB District. Out of this, a new vision for the TIB District was crafted: The vision for the Tukwila International Boulevard District is an area that is a complete neighborhood with a thriving, multicultural residential and business community with vibrant places to live, work, shop, and play for everyone. The District is a safe and walkable destination with an authentic, main street character that is connected to other destinations. There is an emphasis on self-sustaining, living wage employment opportunities within the District. COMMUNITY VISION FOR THE FUTURE The vision is a TIB District that is a "complete neighborhood" with places to live, work, shop and play. The area is an enjoyable, affordable and prosperous community with a positive resident and business -friendly image. The District has a distinctive identity and character that is different from other neighborhoods and retail areas in the City. This includes many businesses in the corridor that are immigrant -owned and provide retail and commercial services to a diverse customer base. This diversity remains an asset to the neighborhood, the City and the region. TIB is known more for its community focus and less as a thoroughfare. It is safe and walkable, with an authentic main street character. It embraces its international flavor and draws visitors to its unique collection of restaurants, arts and shopping experiences. The TIB neighborhood is well-connected to other local and regional destinations, with excellent access to transit, highways and SeaTac airport. A network of sidewalks, trails and paths also connects to nearby parks, schools, open spaces and amenities. Local trolleys add another alternative way to get from the District to other parts of the City for visiting, shopping or working. New centers or"nodes"are emerging along the Boulevard, building upon opportunities that take advantage of the light rail station and the proximity to the airport and an expanding mixed -use development centered on the Tukwila Village project at the intersection of South 144th andTIB. Office and commercial services at the light rail station are more regional -serving and higher density than the neighborhood -focused development further north, but each development energizes the other and they are linked via sidewalks and transit. Travelling away from the Boulevard, the more urban -scaled buildings transition in size and design to better match the character of the adjacent single-family neighborhoods. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2014 PAGE 8-5 84 06% i0 &a 1 d Us e GOAL 8.1 The Tukwila International Boulevard District is a walkable neighborhood with places to live, work, shop and play. GOAL 8.2 At key locations on TIB, there are well -designed, pedestrian -oriented mixed -use centers or "nodes" with distinct character. POLICIES .2.1 Continue to focus redevelopment efforts on carefully chosen "nodes" of more intensive development along TIB to maximize the impact of the City's investments, create momentum, and foster faith in the vision for the TIB district. POLICIES — VILLAGE NODE AT SOUTH 144TH AND TIB • Designate this area for an attractive, walkable, locally -oriented mix of uses, including multifamily residential, neighborhood -serving retail and services, restaurants, civic and social gathering spaces, and other people -intensive and customer - oriented activities that build on the momentum from the Tukwila Village project. Generate high levels of foot traffic vital to the success of the node by attracting an "anchor"that draws customers and allows them to park once and walk to adjacent retail. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2014 Figure 3. TIB District "Node Concept" PAGE 8-9 85 Village Node Transit -Oriented Development Node POLICIES —TRANSIT-ORIENTED DEVELOPMENT (TOD) NODE AT TUKWILA INTERNATIONAL BOULEVARD STATION 8.2.4 Designate this area for a more intensive, transit -oriented mix of mid- to high-rise office, multifamily residential and hospitality uses and services, with structured parking that builds on the momentum of the Tukwila International Boulevard Station's proximity to SeaTac Airport and generates jobs for the community. 8.2. Identify and promote an "identity"for the area around the Tukwila International Boulevard Station that is distinct from other stations along the LINK light rail alignment. Optimize opportunities for transit -supportive redevelopment in and around the station by partnering with the City of SeaTac and Sound Transit to shape TOD policies and practices in the master plan. POLICIES — VILLAGE AND TOD NODES 3.2.7 Ensure that the master plans for the Tukwila Village and TOD nodes encourage and incentivize the redevelopment of large parcels, promote assembly of smaller parcels, and identify opportunities for shared parking, pedestrian linkages, and subregional infrastructure needs, such as surface water and recreation. 8.2,8 Focus master planning for the nodes on non - auto -oriented uses. Emphasize good pedestrian experiences and connections to nearby residential areas, businesses and amenities. 8.2.9 Ensure that the Zoning Code and design guidelines support the types of development envisioned in the nodes. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2014 PAGE 8-10 86 Implementation Strategies Vilb/ge Node 0� Develop amaster plan for the Village Node area. � |nthe interim before amaster plan iSprepared, revise the boundaries for the Urban Renewal Overlay (URO) District, and amend the URO District development regulations to facilitate the types and forms of development envisioned by the Village Node concept, including: �- Explore implementing an incentive system for an increased height allowance. � Relax the standard Of759hofrequired parking hJbe provided iD8Oenclosed structure; consider l:l Or3] surface -to -enclosed parking ratios with a street wall on7596Ofthe par[e|'sfrontage. � Explore options for atraditional anchor (en,agrocery store)aswell asthe potential for attracting orfacilitating anunconventional anchor, U.e,aninternational market |naform similar tnPike Place KAarkpt,that builds on the existing character ofthe District, supports fledgling retailers, and generates foot traffic for adjacent uses. � � � D Nome Develop a master plan for the TOD Node area. Promote the development potentialOflocations near the Tukwila International Boulevard Station aSonly "one stop away from the airport." In the interim before a master plan is prepared for the TOD Node, define and establish a TOD Node overlay zone within one-half mile walking distance of the Tukwila International Boulevard Station. However, this overlay should not include areas east Of42Od Avenue South, except those parcels currently zoned for higher density along Southcenter Boulevard. (SoVndTranSit's definition for PO[}states, "TD[Jis generally focused UDland within approximately one-half mile, orTO-20minute walk, of8transit facility and along corridors that provide key connections to the regional system ") Consider amending the development regulations toallow anincrease inheight and density iDthe area tOthe north ofSR5l8,similar tOthat already permitted tOthe south (10 stories), to attract jobs and commercial redevelopment. Ensure the preservation of existing single-family neighborhoods. Consider the recommendations of the Right Size Parking Study prepared for the Tukwila International Boulevard Station area when determining parking requirements. UNCONVENTIONAL ANCHORS Unconventional anchors are being developed across the U.S -Melrose Market inSeattle, Grand Central Market in Los Angeles, Reading Terminal Market in Philadelphia, and Union Market inWashington, D.C. Many cfthese are housed in epurpusedolder buildings, such asauto repair shops, and feature a mix ofindependent food purveyors, local brewers and roasters, specialty grocers, ethnic eateries and markets, food carts, food trucks, artists and communal tables. PAGE 8-11 87 REDUCING CRIME AND IMPROVING SAFETY |nthoT|Barea, actions bvtheTukwi|a Po|iceDepartment-suchasbicyc|e patrols, the installation ofvideo cameras, and the implementation ofa neighborhoodvesouvcecenter-havo resulted indecreased crime. With the ZU7] seizure of three motels along T|Bthat were the site for illegal activity, the Police Department notes that one year later, crime has dropped 3O%nnT|B,violent crime has declined 4OY6,and there has been a3O96decrease incalls for service. Reducing crime, enforcing building health and safety codes, and improving the District's appearance are key goals for the T|Bama. The Roles and Responsibilities Element contains general goals, policies and implementation measures calling for creating apositive social environment, and reducing and preventing crime to create asense ofsafety and security. Goal 8.0and the related policy inthis section provide additional direction specific tnthe TIB District. n����=v�.� °wv��� � The T0District isone 0fthe safest places in South King County. POLICIES 8.91 Continue working with Sound Transit ODreducing crime Jtthe Tukwila International Boulevard Station. ������������� .����.�������e��t Public _v_'' -_. _ ������" �� ��"���u. ~=" w, Public andprivate investment in the T0DistricthQs sparked additional project and business success aO[//ncneospdthe overall pace 0fredevelopment. KnOLU{[UES 3.10.1 Invest public funds inthe infrastructure and public amenities necessary tOcatalyze private investment, stimulate the location ofbusinesses and housing, and create anattractive neighborhood. 8.10,2 Invest public funds strategicallyt0acquire and assemble substandard parcels, to remove blighted uses, Ormake current land holdings more developable. 8,10.3 Continue to formpublic/private partnerships, and leverage private investment through development agreements and incentives. .4 Consider using City funding and City -owned property tooffset development costs ofmarket rate housing in"pioneer|ng"residential ormixed-use TumW|LA COMPREHENSIVE PLAN -oCrOoExaolo pAGEo-26 88 ATTACHMENT D 4ef ffter*- thtl t eat, -it7f4fht 4 re'ea— ' rts OPPORTUNITIES FOR CHANGE i.vEr eiplorerl Cloci,ig tee February artr 1 7 vioreshisp. TIB Station Development ltre nest is theTB Station at Boutheenter Boulevard. Working with Sigand Trmt l&ChliaeiS pere ter:mart iho team explored the transition of the park and nde tots into trairoa onentraii develobe I ref' a Theini litie-ti lr. of Otto, to, -it pa, kinil [ii10 re.,,itikei; C.:41,107y ref the I the iitotanation above 'aeon's tee t OP ;stoking south t0e4,3,t1 the nitet.itrair piaza and the station at the harkga fauna. ptari capturi-i'.ort,ieis Cithe Cascade tivitturetairr Rang:rano tu the oast Tear illuatrat inn show, eet fie of 1,IRL omit t-egicr, 1.0. ant:tress the ei.".eiie. safety in the stanon lots by orovaling 24-hCA,, pr. eAttl zahres, and commercial uses. lbiS plats ccarld alto accommodate an airport betel with atirress the 5ta1ii)11, 1.0 the right show tee. eXpAriSreepk ind the race crt tion associated with the station today. Rather than best ;C=14. allot ride. this sag rill; iee opprtL f acit,,a1rrng aestieta: sin as yvell as a gassearay TC, the It14,0011 international Rotrietatitt P.CA>ti, the titustration above shows the detail of the transfer plaza with snupfrorts at street level and office, res:dentral or lodging uses Close. She bceidutg on the east sine of the plaza wraps the parking structure, and the view of the dramatis station is framed by the plaza, The existing condmcn ss shown ra Mc photo below. CONCEPT PLAN The Ration plan on the atght indicates a new street to the north of South, centerho levard along current property hut. this canncct:o°r should extend to 152 s Street and would provide better pedestrian and bicycle access to the station, inftll on the north side of Southcenterlouiesard would complete the TOD development with residual sulfate parking behold the building. a t+'xogie zeta a 23