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HomeMy WebLinkAboutCAP 2011-01-10 COMPLETE AGENDA PACKET City of Tukwila V Se .saution: rtY V. Seal C. O'Flahe rry.11LA J. Duffle S. Ek e 1/ Community Affairs D. Quinn K. J G Parks Committee Mayor Haggerton C. Parrish 4. S. Lancaster D. Almberg t ry: 0 Verna Seal, Chair 908 O Joe Duffle 0 De'Sean Quinn AGENDA MONDAY, JANUARY 10, 2011 CONFERENCE Room #3, 5:00 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Human Services Contracts. a. Forward to 1/24 C.O.W. Pg.1 Evelyn Boykan, Human Services Manager and 2/7 Regular Mtg. b. An Ordinance allowing Social Card Rooms. b. Forward to 1/24 C.O.W. Pg.39 Shelley Kerslake, City Attorney and 2/7 Regular Mtg. c. An Ordinance prohibiting Social Card Rooms after c. Forward to 1/24 C.O.W. Pg.43 sunset of above Ordinance. and 2/7 Regular Mtg. Shelley Kerslake, City Attorney 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, January 24, 2011 Committee Goals: Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and /or property managers accountable for providing safe places to live through the implementation of a rental licensing program. Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to F &S). Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S). i t> The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 433 -1800 for assistance. BLANK Ci ty of Tukwila Li i,t 9 Jim Haggerton, Mayor -9a INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Evie Boykan, Human Services Manager DATE: January 5, 2011 SUBJECT: Human Service Contracts over $40,000 ISSUE Council needs to review all contracts over $40,000. As we are negotiating contracts now, we present to Council the most current contracts with our human service providers. BACKGROUND Each contract is preceded by a meeting with the non profit to review the prior year's performance (if applicable) and determine appropriate performance measures for the current year. Current agency applications and staffing /funding capacity help shape the details of the performance objectives. DISCUSSION Contractors with contracts of this size report to our office on either a monthly or quarterly basis. Outcome measures beyond performance objectives are identified in the first quarter. We are happy to share more details regarding the service need represented by this contract. Some agencies need to bill on a monthly cycle, so it is critical that we process these contracts quickly. RECOMMENDATION We are asking the Council to review the contracts at the January 24, 2011 Committee of the Whole meeting and subsequent February 7, 2011 Regular meeting. ATTACHMENTS Contracts for the following agencies: (Dollar amounts below are for 1 year) Institute for Family Development PACT program $21,600 Multi- Service Center Emergency Financial Services $45,000 Renton Area Youth Services $55,100 Renton Area Youth Services Substance Abuse and Mental Health $31,330 Tukwila Pantry $21,442 Community Schools Collaboration $100,000 InfoMemocontract.doc 1 2 Contract No. CONTRACT FOR SOCIAL 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 Institute for Family Development, hereinafter referred to as "the Agency whose principal office is located at 34004 16th Ave. S., Suite 200, Federal Way, WA. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,600 for 2011 and $21,600 for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A 3 and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency 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 Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency 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 Agency. 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 Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 4 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 5 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 6 EXHIBIT A 2011 -2012 Institute for Family Development PACT (Parents Children Together) Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, an in -home counseling, skill building and support to high -risk, low- income families not engaged in community services. 1st Quarter Serve 3 unduplicated Tukwila households Provide 135 hours of counseling Submit outcomes and indicators ig Include Tukwila specific narrative 2nd Quarter Serve 2 unduplicated Tukwila households Provide 90 hours of service Include Tukwila specific narrative 3rd Quarter Serve 1 unduplicated Tukwila household Provide 45 hours of service Include Tukwila specific narrative 4th Quarter Serve 2 unduplicated Tukwila households Provide 90 hours of service Include Tukwila specific narrative Submit demographics Submit outcomes results Funds will be used to pay for operating costs. 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. 7 W cu a a) (D U Q W W C7 o Z H H P-1 <4 P-4 a N trl z Ge z R-+ 0 0 0 0 0 0 0 0 0 M 0 v Lc) 0 8 Contract No. CONTRACT FOR SOCIAL 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 Multi Service Center hereinafter referred to as "the Agency whose principal office is located at 1200 South 336th St., Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $45,000 for 2011 and S45,000 for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A 9 and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency 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 Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency 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 Agency. 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 Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 10 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 11 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 1 2_ EXHIBIT A 2011 -2012 Multi Service Center Financial Assistance Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, direct financial (paid to provider) assistance for eviction prevention, utilities, water, sewer bills to help Tukwila residents maintain their housing. 1st Quarter Serve 10 Tukwila residents Provide 10 vouchers Submit outcomes and indicators Include Tukwila specific narrative 2nd Quarter Serve 10 Tukwila residents Provide 10 vouchers Include Tukwila specific narrative 3rd Quarter Serve 10 Tukwila residents Provide 10 vouchers Include Tukwila specific narrative 4th Quarter Serve 10 Tukwila residents Provide 10 vouchers Include Tukwila specific narrative Submit demographics Submit outcomes results Funds will be used to pay for direct financial assistance and administrative costs. 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. 13 o o y 1 a) W a) 0 N Q }C 0 P y U a) o m z x w x H PI H p p 0 PI w Z N o o 5 C4 0 O cd ON OO t Cs 0 P 0 a) to o Y V' evi .ia 1 ct N 0 N .ry Q 14 Contract No. CONTRACT FOR SOCIAL 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 Renton Area Youth Family Services (RAYS) hereinafter referred to as "the Agency whose principal office is located at PO Box 1510, Renton, WA 98057 -1510. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,100 for 2011 and $55,100 for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A 15 and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency 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 Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency 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 Agency. 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 Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 1 6 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall g ive the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 1 7 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 1 8 EXHIBIT A 2011 -2012 RAYS Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, school -based mental health services in all Tukwila schools. Services 1st Quarter Serve 20 undplicated Tukwila residents Provide 250 hours of counseling /case management Report number of group hours Report number of Medicaid residents Submit outcomes and indicators Include Tukwila specific narrative 2nd Quarter Serve 10 Tukwila residents Provide 150 hours of counseling /case management Report number of group hours II Report number of Medicaid residents Include Tukwila specific narrative 3rd Quarter Serve 5 Tukwila residents Provide 100 hours of counseling/ case management Report number of group hours Report number of Medicaid residents Include Tukwila specific narrative 4th Quarter Serve 10 Tukwila residents Provide 125 hours of counseling /case management Report number of group hours Report number of Medicaid residents Include Tukwila specific narrative Submit demographics Submit outcomes results Funds will be used to pay for personnel. 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. 1 9 m o, 0 4 0 O� te n H W, q tr rn N fA rn .0 t) c t 4 .S■t "'IrtY' Y r` p a P oN c. W t N 2 l 4 w a r-- O p \S' Z 0' \P EA \St <r EA 0 N EA rn EA Contract No. CONTRACT FOR SOCIAL 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 Renton Area Youth Services, hereinafter referred to as "the Agency whose principal office is located at PO Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $31,330 for 2011 and $31,330for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. If the Agency does not meet the 90% of perform ance 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 Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A 21 and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency 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 Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency 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 Agency. 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 Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 22 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 23 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 24 EXHIBIT A 2011 -2012 Renton Area Youth Services Substance Abuse Counselor Scope of Services to be Provided by A�_ encv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, substance abuse and mental health services to 30 high school students in the Tukwila school district. 1st Quarter Serve 8 Tukwila residents Provide 160 hours of youth treatment, case management, assessment, and groups Submit outcomes and indicators Include Tukwila specific narrative 2nd Quarter Serve 8 Tukwila residents Provide 160 hours of youth treatment, case management, assessment and groups Include Tukwila specific narrative 3rd Quarter Serve 6 Tukwila residents Provide 90 hours of youth treatment, case management, assessment and groups. Include Tukwila specific narrative 4th Quarter Serve 8 Tukwila residents Provide 130 hours of youth treatment, case management, assessment, and groups Include Tukwila specific narrative Submit demographics Submit outcomes results Funds will be used to pay for personnel. 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. 25 i I W en R.i co, F� f Q co 0 A cn 0 1-4 N cn °C c -4 N O O i --k Crs CA 2 W W cn V p W 1 N W 0 o x H Z CA W 0 t'^ W Cn p 0 VIA Z I N 0 SO C4 1 crl 0 •<1 M 1 o N M Cel 0 N CA M 00 O c`i Contract No. CONTRACT FOR SOCIAL 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 Tukwila Pantry hereinafter referred to as "the Agency whose principal office is located at 3118 S. 140th St., Tukwila, WA 98168. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,442 for 2011 and $21,442 for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 Manager. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A 27 and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency 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 Agency, its officers, agents and employees, in performing the work required by this Agreement.. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency 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 Agency. 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 Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim/ aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 28 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 29 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. 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. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 30 EXHIBIT A 2011 -2012 Tukwila Pantry Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, basic food items to prevent nutritional /food insecurity. 1st Quarter Report number of unduplicated residents served Report number of food bags distributed Report pounds of food distributed Submit Tukwila specific narrative Submit outcomes and indicators 2nd Quarter Report number of unduplicated residents served Report number of food bags distributed e Report pounds of food distributed e Submit Tukwila specific narrative 3rd Quarter Report number of unduplicated residents served Report number of food bags distributed Report pounds of food distributed Submit Tukwila specific narrative 4th Quarter e Report number of unduplicated residents served Report number of food bags distributed Report pounds of food distributed Submit Tukwila specific narrative o Submit outcomes Funds will be used to pay for personnel. 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. 31 u zi O O N H H W H 'z W Cq C,1 w a p P-4 EA O O Vl O O O m cn b9 0 32 Contract No. CONTRACT FOR SOCIAL 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 social services performed for its citizens but does not have the personnel 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 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. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered using billing voucher 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 for 2011 and $100,000 for 2012 at a rate of $8,333.33 monthly 2A. Criteria for Compensation. The Contractor will be expected to submit required reports and initiate bi- yearly presentations in a timely fashion. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2011 and ending December 31, 2012 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 33 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 performing the work required by this Agreement. With respect to the performance 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. Insurance. A. The Contractor shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence/ aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Contractor shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 2 34 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Contractor shall provide monthly or quarterly reports to the City containing statistical data concerning client services performed by the Contractor during the reporting period. The Contractor will report to the City the types and number of services which the Contractor provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Contractor shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Compensation and Method of Payment. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 10. Revenues or Fees. A list of all proposed revenues or fees to be charged participants of the City funded program must be attached to this Agreement. Please attach the sliding fee scale if one is used. If fees to be charged is still in negotiation, those fee schedules must be received by the City as soon as they are agreed upon. 11. 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. The City shall have the right to an annual audit of the Contractor's financial statement and condition. 12. 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. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 13. 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 3 35 14. 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. 15. 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. 16. 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. 17. 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 CITY OF TUKWILA CONTRACTOR: BY: MAYOR, JIM HAGGERTON ATTEST/ AUTHENTICATED: ADDRESS: CITY CLERK ,CHRISTY O'FLAHERTY,CMC APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 4 36 EXHIBIT A Contractor will provide the following programs to Tukwila students and families within the Tukwila School District: Student support including academic and program enrichment, family support including information, education and community linkages, and health services support including medical, dental and coordinated community health services. Contractor will provide the following reports to the City as indicated: 1. Monthly: Number of children served at each school, activities offered, program highlights and students on waiting lists. Report will also include summary of cultural liaisons. Reports will be sent to Mayor's Office, Human Services, Parks and Recreation and City Council. 2. Quarterly: Financial statements reflecting year to date expenditures and revenues related to Tukwila programming. Progress report on outcomes. 3. Bi Yearly Presentation to City Council to address program update, progress on identified outcomes 4. Outcomes 2011 A. Increase homework completion and turn in B. Improved attitudes toward school C. Additional outcomes to be identified post strategic planning process to be completed in April 2011 Funds will be used to pay for staffing at each of the schools (90 and program supplies(10 5 37 EXHIBT C OPERATING BUDGET PLANNED MONTHLY EXPENDITURES Agency will bill the City for $8333.33 per month 38 N '1L''A='yy o �y City of Tukwila 1''` Jim Haggerton, Mayor goaY= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Councilmembers FROM: Shelley M. Kerslake, City Attorney DATE: January 5, 2010 SUBJECT: Allowing Social Card Rooms Related Gambling Tax Amendments ISSUE Whether to allow social card rooms city -wide for a finite period of time. BACKGROUND Currently, the City has a partial ban on social card rooms. New social card rooms are banned, but existing social card rooms have been allowed to continue to operate (see TMC 5.20.010). Three social card rooms operate in Tukwila, and these generate significant gambling tax revenues for the City. A business owner seeking to start a new social card room in the City has called into question the City's ability to prohibit future card room uses while allowing legal non conforming social card games to remain. To allow time for further review of the legal, political, financial and practical considerations involved with this issue, a moratorium was established and has been extended twice (in May and September, 2010). After extensive study of the issue both pubiically and internally, it appears in the City's best interests to allow social card rooms for a finite term of three years. DISCUSSION The proposed ordinance eliminates the current partial ban on social card rooms by repealing TMC Chapter 5.20 "Certain Gambling Activities Prohibited This has the effect of allowing social card rooms city -wide, subject to a sunset clause in three years. The City Council may select a longer term for the sunset clause. Additionally, the proposed ordinance clarifies the penalty applicable to late gambling tax payments. RECOMMENDATION The Council is being asked to approve the proposed ordinance and consider this item at the January 24, 2011 Committee of the Whole meeting and subsequent February 7, 2011 Regular Meeting. ATTACHMENTS Draft Ordinance 39 40 DR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE "TMC CHAPTER 5.20 (CERTAIN GAMBLING ACTIVITIES PROHIBITED) TO ALLOW SOCIAL CARD ROOMS CITYWIDE FOR A PERIOD OF THREE YEARS; AMENDING TMC SECTION 3.08.080 (PAYMENT OF TAX PENALTY FOR LATE PAYMENTS); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the immediate imposition of a moratorium of limited duration on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279; and WHEREAS, on May 3 and September 20, 2010, the moratorium was renewed to allow time for further study of the issue; and WHEREAS, the three existing social card rooms operating in Tukwila generate significant gambling tax revenues for the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non conforming social card games to remain; and WHEREAS, the prohibition on certain gambling activities, and exceptions thereto, set forth in Chapter 5.20 of the Tukwila Municipal Code shall be repealed to allow social card games citywide for a period of three years; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 5.20 TMC Repealed. Ordinance No. 1917, 1, as codified at chapter 5.20 TMC, "Certain Gambling Activities Prohibited," is hereby repealed in its entirety. W: Word Processing \Ordinances \Social and Card Game Rooms SMK:mrh Page 1 of 2 41 Section 2. Ordinance Amended. Ordinance No. 1809 §1 (part) as codified at Tukwila Municipal Code 3.08.080, "Payment of Tax Penalty for Late Payments," is hereby amended to read as follows: 3.08.080 Payment of Tax Penalty for Late Payments. A. The tax imposed by this chapter shall be due and payable in quarterly installments, and remittance therefor shall accompany each return and be made on or before the last day of the month following the quarterly period in which the tax accrued. B. There shall be added a penalty for each payment due, if such payment is not made by the due date thereof, as follows: 1. A lump sum penalty equal to 10% penalty of the tax due, with a minimum of $2.00, for the first 17 days' delinquency; 2. A lump sum penalty equal to 15% penalty of the tax due, with a minimum of $4.00, for 3 e '1 e 'any delinquency of 18 or more days. -e--- e e -e c. e e- a section. Section 3. Sunset Provision. Sections 1 and 2 of this Ordinance shall expire and be of no further force or effect after midnight on February 15, 2014. This sunset provision does not apply to Sections 2, 3 and 5 of this Ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 5. Effective Date. This Ordinance shall be published in the official newspaper of the City, shall take effect and be in full force five (5) days after the date of publication, and shall be retroactively applied to taxes payable for the first quarter of 2011. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \Social and Card Game Rooms SMK:mrh Page 2 of 2 42 may C ity of Tukwila Jim Haggerton, Mayor 5 x _90 INFORMATIONAL MEMORANDUM Z TO: Mayor Haggerton City Councilmembers FROM: Shelley M. Kerslake, City Attorney DATE: January 6, 2011 SUBJECT: Prohibiting Social Card Rooms after Sunset of Ordinance Allowing Same ISSUE Whether to prohibit social card rooms city -wide except for those conducted by a bona fide charitable or nonprofit organization pursuant to RCW 9.46.0311 so that, once the ordinance allowing social card rooms for a finite period of time sunsets, social card rooms conducted as a commercial stimulant will be prohibited altogether without the need for further review or action by the City Council. BACKGROUND Currently, the City has a partial ban on social card rooms. New social card rooms are banned, but existing social card rooms have been allowed to continue to operate (see TMC 5.20.010). Three social card rooms operate in Tukwila, and these generate significant gambling tax revenues for the City. A business owner seeking to start a new social card room in the City has called into question the City's ability to prohibit future card room uses while allowing legal non conforming social card games to remain. To allow time for further review of the legal, political, financial and practical considerations involved with this issue, a moratorium was established and has been extended twice (in May and September, 2010). After extensive study of the issue both publically and internally, it appears in the City's best interests to allow social card rooms for a finite term of three years. DISCUSSION Because the ordinance allowing social cards rooms will sunset in three years, or such other reasonable period as adopted by the Council, the purpose of this ordinance is to thereafter prohibit social card rooms conducted as a commercial stimulant while allowing bona fide charitable or nonprofit organizations to operate or conduct social card games pursuant to state law (see RCW 9.46.0311). RECOMMENDATION The Council is being asked to approve the proposed ordinance and consider this item at the January 24 2011 Committee of the Whole meeting and subsequent February 7, 2011 Regular Meeting. ATTACHMENTS Draft Ordinance 43 44 DRAF AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON RELATING TO SOCIAL CARD ROOMS; REPEALING AND REENACTING TUKWILA MUNICIPAL CODE "TMC CHAPTER 5.20 (CERTAIN GAMBLING ACTIVITIES PROHIBITED) TO PROHIBIT SOCIAL CARD ROOMS CONDUCTED AS A COMMERCIAL STIMULANT WITHIN THE CITY; ESTABLISHING VIOLATION OF THE PROHIBITION AS A MISDEMEANOR; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the immediate imposition of a moratorium of limited duration on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279; and WHEREAS, on May 3 and September 20, 2010, the moratorium was renewed to allow time for further study of the issue; and WHEREAS, the City Council has held public hearings and considered the testimony of the general public and persons interested in social card games; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non conforming social card games to remain; and WHEREAS, the City Council finds it to be in the public's interest and welfare to.prohibit social card games conducted as a commercial stimulant within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 5.20 TMC Repealed and Reenacted. Ordinance No. 1917, 1, as codified at chapter 5.20 TMC, "Certain Gambling Activities Prohibited," is hereby repealed in its entirety and reenacted as follows: W: Word Processing \Ordinances \TMC 5.20 SMK:mrh Page 1 of 5 45 Chapter 2 E A. E P, 3®114..1BBLTEIll Sections. 0:{ 20- E- xc-epted-lausir.esces' expansion of busing e--r -s- I+m -Ited- 5.20.030 Excepted busir..v0scs' discontinuation of use 5.20.010 Excepted businesses' change of business location 5.20.010 G r A. Prohibited activitiac. Any license issued under t-- e erggage in any--g. e- -e- •e e e•-* acti e -e e. :•e. -e aecordance with RCW 9.15.2-05, as the same now exists or may heroaftcr be °-tee prehibits- the- c- enduct or operation of house bankee e e. -cs as a commercial .4,••• e A 1 2. 11 0 087 B. Exceptions. T-h-e-f finesses "Excepted Busincasec') are excepted 1. These businoaa^ -s conducting or operating house banked social card games ascommercial stimulant within the City on the effective date of this ordinance may continue to do so. T. e--- or may resume the of house baked so e e e e e .ee of J.2.n e. -e of-time-that ha .e e e-- e e e e rn-b l i n g I;ee -n s o and its reinstatement. 3 T.* .a .e e e date of the City's moratorium related to gambling activity development permit applications (Feb e- -d to conduct or operate house- barked ..•.os e e license from tho State to conduct or operate house banked social card games cs a c- emrereal sting- Li-ant; and b. identified -a specific location within the City for- -its busir:oaa es+ "„men`; and—o. submitted development applications to the City. "Person" whenever used in this e..: e e os natural persons, firma, ca- partnersh+ps- anel -e-oip r-a 'ng-by -the+ setves or by —a -ser ant, agent -or effilAGYee- 5.20.020 E burin escs' expansi n o-f CNa sum cc premises limited A. An excepted business'. dont+ficd- i-n -T-MC 5.20.010.B.1 can continue to conduct or operate hou so ..e.•-0-{7. C. e it- may- inten -sify the operation of house- banked social card games, so long as the-area e e e e e e e .3 excepted e ;�cpted bus iness doss not exceed -4,000 squarc foot in ar o. If the arga devoted to the playing of hau-seban -ked social card games in an excepted business nde-r 5.20.010.B.1 exGeebs W: Word Processing \Ordinances \TMC 5.20 SMK:mrh Page 2 of 5 46 or' 5 a e a a. s I I Y y ow f i� -cA- "v e.": ^s'Cl 0 6. 8 y i 11•... -as i► :r a z .1 i+ O s sloesse sl-dISG O •y• i w O r: 5 it r 0 i a a e kaaOce 1 t a•: EGA s r a r�•fy p :t e. w e is- w e.8 0� f a r w 2 :I :w t :i ...T_w_e;,(G.EiAe4—"6' 0." a f s as a w a a ,.yy�. s• `w page W• Word Processin9\Ordinances\TMC 5.20 SMK =n'rh 3. Th e e e w -e -e e_ nvnn oNshed nrinr to JJ l owaver the no nh„°ieal premises may be occupied ^�,ie io-4,e- demea' e e e •-e a a. the old premises is closed to the public; and ee•: -e oo-n# satisfasto City Attorney) in the e e 9 e total- estimated 3O e e•••e e e e e•. e D. An excepted businoac (as identified in TMC e .s e -,e e, t #e -epa- ration -of hoeso banked social card games under the prev+sie e e e ti-pon reinstatement of s^id gambling license by the Washington e e. e e. e ass of the length of time that has elapsed between said-suspension-or rcvoc -anion ef- the-- gambling-ticense and its reinstatement, 5.20.040 Exc- epted- buss-i'nocse& c ha n ge gf business !ocat oii An- exee-pted- bus+ac3s identified in TMC 5.20.010.B.1 or 2 an contirlue to conduct e e e e.• e e e.-.33 es a commercial stimulant within the City e e. 030 o ttinues to conduct its busincas where it is currently Toeated -a td does ne e. **Da; to n premis,as within the_Cit1 excepted busir.,oaa e- .30-3, e e e e.• e card gam c'.. -e e e -'e' e Chapter 5.20 Social Card Games Sections: 5.20.010 Social card games prohibited 5.20.020 Exemptions 5.20.030 Violation Penalty 5.20.010 Social card games prohibited. The operation or conduct of social card games as defined by RCW 9.46.0282 is prohibited within the City of Tukwila. 5.20.020 Exemption. Bona fide charitable or nonprofit organizations may operate or conduct social card aames within the City of Tukwila pursuant to RCW 9.46.0311. 5.20.030 Violation Penalty. Any person, firm, or corporation violating the provisions of this chapter shall be Guilty of a misdemeanor and. upon conviction thereof, shall be fined a sum not to exceed $1,000, or imprisonment in iail for a period not to exceed six months, or both such a fine and imprisonment. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. W: Word Processing \Ordinances \TMC 5.20 SMK:mrh Page 4 of 5 48 Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the City, shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing \Ordinances \TMC 5.20 SMK:mrh Page 5 of 5 49 50