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HomeMy WebLinkAboutCOW 2008-04-14 Item 3A - Agreement - Community Schools Collaboration of Tukwila for $100,000 Via: w CO UNClL AGENDA SYNOPSIS Ltttrals ITEM NO. P ��j 1leetvi Date Prepared by !11a;or'.r rzvrzm Cottnat review v, o 04/14/08 I BF 1 04/21/08 I BF 1 I I I I 1 ITEM INFORMATION I CAS NUMBER. 08-042 I ORIGINAL AGENDA DATE. APRIL 14, 2008 AGENDA ITEM TITLE. Community Schools Collaboration of Tukwila Contract for Services CATEGORY Discusszon Motion n Resolution n Ordinance J Bid Award 1 1 Public Hearing 1 1 Other Altg Date 4/14/08 !litg Date 04 /21/08 kits Date Mtg Date illtg Date Mtg Date Mtg Date SPONSOR 1 1 Counczl n [Ma Adm Svcs I 1 DCD Finance Fire 1 1 Legal P6 R n Police PW/ SPONSOR'S The Community Schools Collaboration of Tukwila (formerly known as TCSC) continues to SUM MARY 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. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte 1 1 Arts Comm. I1 Parks Comm. 1 Planning Comm. DATE: 3/24/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize to approve contract COMMMIITEE Unanimous Approval; Forward to Committee of the Whole 1 COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $100,000 $100,000 Fund Source: 000.20.571.230.49.00 Comments: I MTG. DATE I RECORD OF COUNCIL ACTION 4/14/08 1 MTG. DATE I ATTACHMENTS 4/14/08 I 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 1 MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: March 12, 2008 SUBJECT: TCSC Contract for Services The Tukwila Community Schools Collaboration (TCSC) continues to partner with the City and offers programs in all Tukwila School District schools. The City Council has allocated $100,000 to TCSC to provide a sustained funding source for continued services. The attached contract for services between the City of Tukwila and TCSC will provide the legal documentation, the scope of perfoiluance services and compensation schedule and amounts. The contract will also outline monthly, quarterly, Bi- yearly and yearly reports and updates to the city. It is the recommendation of the Parks and Recreation Director to authorize the Mayor to sign the contract for services between the City of Tukwila and the Tukwila Community Schools Collaboration in the amount of $100,000. Attachments Contract for Services Exhibit A and B Cc Rhonda Berry, City Administrator Shelly Kerslake, City Attorney Evie Boykan, Humans Services Manager Contract No. 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 detenniined 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. 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 perfoinuing 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 wntten 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 525,000.00 per quarter. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. 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, 2008 and ending December 31, 2008 unless sooner tei 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 hamiless the City, its officers, agents and employees, from and against any and all claims, losses or liability, includmg 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 performing the work required by this Agreement. With respect to the perfoilnance 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 haiiiiless 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 perfoniied in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the perfoiivance 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. S. 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 dunng the performance of this Agreement. 9. 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 teimination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any 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 m 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 teimi 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 S25,000) 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- Yearly: 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 traps, 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 1,000 500 014 i'l C City of Tukwila Community Affairs and Parks Committee sos COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes March 24, 2008 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joan Hernandez, Chair; Verna Griffin and De'Sean Quinn Staff Bruce Fletcher, Evie Boykan, Jack Pace, Dave Johnson, Derek Speck, Rhonda Berry, and Kimberly Matej Guests: Deborah Salas, Jenny McCoy and Chuck Parrish CALL TO ORDER: Chair Hernandez called the meeting to order at 5:04 p.m. I. PRESENTATIONS No presentations. 11. BUSINESS AGENDA A. Contract for Tukwila Community School Collaboration Staff returned to Committee to present a draft contract for services between the City of Tukwila and Community Schools Collaboration (previously known as Tukwila Community School Collaboration or TCSC). Staff is seeking full Council authorization for the Mayor to sign a contract for services between the City and the Collaboration based on Council's budget request for such funding in the amount of $1 00,000. The Committee initiated a request at the February 11, 2008, Community Affair and Parks meeting for a contract that would incorporate a scope of work with built in performance objectives to provide a basic outline of the City's expectations for the Community Schools Collaboration (CSC). Deborah Salas, Executive Director of CSC, is very pleased with the standardized reporting requirement. She stated that the program's monthly reports are improving and the standardization is assisting CSC to look at things on paper. Additionally, the reporting will allow the City to determine how their funding is impacting the program. Although somewhat limited, the reports will be a best effort to collect information based on what is available for collection. Ms. Salas clarified that the organization has been legally renamed to Community Schools Collaboration; however, the Tukwila project will still be referred to as Tukwila Community School Collaboration or TCSC. The draft contact will need to be modified to reflect this change UNANIMOUS APPROVAL. FORWARD TO APRIL 14 COW FOR DISCUSSION. B. Development of an Interoretive Center at Fort Dent Park Jenny McCoy, Tukwila resident and member of the Tukwila Historical Society, attended the meeting to discuss a proposal regarding the possible development of a historic preservation plan and interpretive center at Fort Dent Park. This idea originated in January after the City Council discussed the exploration of a Public Facilities District for Fort Dent Park/Starfire. Ms. McCoy stated that representatives from Starfire had contacted her as a member of the Tukwila Historical Society to further discuss the possibility of setting aside a portion of the park for a historic interpretive center. Ms. McCoy explained some of the significant historical events that happened at Fort Dent Park and other essential beginnings of the areas original settlers including the original Duwamish Village, Joseph Foster Cabin, Henry Tobin Sawmill and the Fort Dent Blockhouse.