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HomeMy WebLinkAboutReg 2008-04-21 Item 5A - Agreement - Tukwila School Programs with Community Schools Collaboration of Tukwila for $100,000 COUNCIL AGENDA SYNOPSIS o: 2 Inztzals ITEIYINo. i j P I I7 I Meetzn, Date 1 Prepared by ared b y Mayor's review cil review LIS I 04/14/08 1 BF 1 I" J 1 1 04/21/08 1 BF I Tic jJ� rso 1 ITEM INFORMATION CAS NUMBER: 08-042 I ORIGINAL AGENDA DATE. APRIL 14, 2008 AGENDA ITEM TI 11,E Community Schools Collaboration of Tukwila Contract for Services CATEGORY Discurnon Motion n Resolution 1 1 Ordinance BzdAward n Public Hearing Other Mt Date 4/14/08 Mtg Date 04/21/08 Mtg Date Mtg Date dltg Date Mtg Date t11tg Date 'SPONSOR Council 1 Ma n Adm Svcs DCD Finance Fzre 1 I Legal P &R Police 1 1 PIV SPONSOR'S The Community Schools Collaboration of Tukwila (formerly known as TCSC) continues to SUMMARY partner with the City and offers programs at all Tukwila School District schools. The City Council has allocated $100,000 to the organization to provide a sustained funding source for continued service. A contract for services is required, to include a scope of services and a compensation schedule. REVIE \W'ED BY n COW Mtg. CA &P Cmte F &S Cmte 1 1 Transportation Cmte n Utilities Cmte 1 Arts Comm. 1 1 Parks Comm. U Planning Comm. DAIS: 3/24/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize to approve contract COM,MITI'EE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURI, RI.LUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000 $100,000 Fund Source: 000.20.571.230.49.00 Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/14/08 Forward to Regular Meeting MTG. DATE ATTACHMENTS 4/14/08 Informational memorandum dated 3 /12/08 Contract for services to include Exhibits A and B Minutes from the Community Affairs and Parks Committee meeting of 3/24/08 4/21/08 Informational memorandum dated 4/16/08 Amended contract for services to include Exhibits A and B J MEMORANDUM TO: Mayor Haggerton Tukwila City Council FROM: Bruce Fletcher, Director of Parks Recreation DATE: April 16, 2008 SUBJECT: Contract Revisions Please direct your attention to the following contract revisions to the Community Schools Collaboration of Tukwila contract for services: 3. Contract Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in the Agreement. The contractor shall apply the City funding according to Exhibit B. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days 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 nght to terminate this Agreement immediately. If a termination has occurred then the City will pay a prorated fee at the end of the termination date. Since this is a City contract, we like to have language that is in the City's best interest. Allowing the City to terminate the contract but not the Contractor puts the City in a better position then if the Contractor was also allowed to terminate The audits and inspections section puts the Contractor on notice that these records may be subject to the Public Records Act, audit requests, etc and are not confidential. These contract revisions have been made to the Contract for Services with the Community Schools Collaboration of Tukwila. It is my recommendation to authorize the Mayor to sign the contract in the amount of 100,000. Cc Rhonda Berry, City Administrator Shelly Kerslake, City Attorney Contract No. CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Community Schools Collaboration of Tukwila. hereinafter referred to as "the Contractor whose principal office is located at 16256 Military Rd South, Suite 102, SeaTac, WA 98188. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perfolni 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. Scone 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 perfoiniance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed 100,000.00 at a rate of $$25,000.00 per quarter. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. :rte va1 b The Contractor shall apply the City funding according to Exhibit B. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2008 and ending December 31, 2008 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in perfoilning the work required by this Agreement. With respect to the perfoinrance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. 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. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be teuurrinated 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. If a termination has occurred, then the Citv will pay a prorated fee at the end of the termination date 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. 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. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address. City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. 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: By: By: Title: Mayor Title: ATTEST /AUTHENTICATED: Printed Name: Christy O'Flaherty, CMC, City Clerk Address: APPROVED AS TO FORM: Office of the City Attorney Date approved by City Council: By: (Applicable if contract amount is over $25,000) EXHIBIT A: Contractor will provide the following reports to the City as indicated: 1. Monthly: program reports to Administration, Human Services, Parks and Recreation and City Council describing at each school: number of attending students, activities offered, program highlights, and students on waiting lists 2. Quarterly: September 1, December 1, March 1, June 1: Year -to -date expenditures and revenues dedicated to Tukwila programs 3. Bi-Yearlv: Evaluation outcomes, including: a. Satisfaction surveys from students, parents and teachers b. Program Quality Assessment, provided in accordance with National After School Assessment standards c. State of the Program report from the Community Schools Collaboration Executive Director to the Tukwila City Council 4. Yearly: Full Evaluation including Bi- Yearly reports, comparison of mobility data from student -body at large and students enrolled Tukwila's Community Schools Collaboration programs, and other impacts as identified by an outside Evaluator. EXHIBIT B: Contractor will apply the 100,000 contribution from the City to support for expanded after school services for Tukwila children and families. These services will include, but are not limited to: homework help, enrichment activities, field trips, family literacy programs. Cascade View Thorndyke Tukwila Showalter Foster After school Programs 15,000 15,000 15,000 15,000 10,000 Community Schools Director 4,200 4,200 4,200 4,200 4,200 Family Programs 1,000 1,000 1,000 1,000 500 Administration Costs 1,000 1,000 1,000 1,000 500