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HomeMy WebLinkAboutCAP 2015-01-26 COMPLETE AGENDA PACKETCity of Tukwila Community Affairs & Parks Committee O Verna Seal, Chair O Dennis Robertson O Allan Ekberg AGENDA Distribution: V. Seal D. Robertson A. Ekberg K. Kruller Mayor Haggerton D. Cline C. O'Flaherty R. Turpin L. Humphrey S. Hansen R. Bianchi R. Larson MONDAY, JANUARY 26, 2015 — 5:30 PM HAZELNUT CONFERENCE Room (formerly known as CR #3) at east entrance of City Hall Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Contracts (6) for Human Services providers. a. Forward to 2/2 Consent Pg.1 Stacy Hansen, Human Services Coordinator Agenda. b. A resolution adopting the 2015 Legislative Agenda. b. Forward to 1/26 C.O.W. Pg.39 Rachel Bianchi, Communications and Government and 2/2 Regular Mtg. Relations Manager c. A resolution relating to the Chinook Wind project c. Forward to 2/9 C.O.W. Pg.43 site acquisition. and 2/17 Regular Mtg. Ryan Larson, Senior Program Manager d. Review of the 2015 Community Affairs and Parks d. Information only. Pg.49 Committee Work Plan. Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, February 9, 2015 /• The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 ( TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Stacy Hansen, Human Service Coordinator DATE: January 6, 2015 SUBJECT: Human Services Contracts over $40,000 ISSUE All contracts over $40,000 need Council authorization for Mayor's signature. The contracts that are currently ready for approval include Renton Area Youth Services School Based Counseling, Renton Area Youth and Family Services Substance Abuse, Refugee Women's Alliance, Multi- Service Center Financial Assistance, Institute for Family Development (PACT) and Tukwila Pantry, DISCUSSION These contracts are executed in conjunction with our biennial budget for a two-year period, and the funding has been approved as part of the larger Human Services budget for 2015-2016. The name and the amount of the contracts are as follows: (Dollar amounts in parenthesis are for the two year duration of the contract. Total amount for all six contracts, for both years = $397,184) Renton Area Youth Services — Substance Abuse/Mental Health - $31,330 per year ($62,660) for 2015 and 2016. Renton Area Youth Services — RAYS school Based Counseling - $55,092 per year ($110,184) for 2015 and 2016. Refugee Women's Alliance - Family Support & Case management - $21,200 per year ($42,400) for 2015 and 2016. Multi-Service Center — Emergency Assistance Program - $45,000 per year ($90,000) for 2015 and 2016. Institute for Family Development — PACT - $21,600 per year ($43,200) for 2015 and 2016. Tukwila Pantry — Food Bank - $24,370 per year ($48,740) for 2015 and 2016. RECOMMENDATION We are asking that these contracts be forwarded to the February 2, 2015 Consent agenda. ATTACHMENTS Contracts for Renton Area Youth Services programs, Refugee Women's Alliance, Multi-Service Center, Institute for Family Development and Tukwila Pantry. 1 2 ■ 0; 1.:70':!,',.ti: I 0 , \ 02. \ ‘P City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at P.O. Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: • Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In perfoiining such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,092.00 for 2015 and $55,092.00 for 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 3 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1 -2013 Page 2 of 6 4 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1-2013 Page 3 of 6 5 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised 1-2013 Page 4 of 6 6 EXHIBIT A 2015-2016 Renton Area Youth and Family Services — Mental Health Counseling 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. Therapist will work with students and their family members to address a variety of emotional and behavioral issues. 1st Quarter • Serve 41 unduplicated Tukwila residents • Provide 792 hours of counseling/case management/groups • Report number of non-Medicaid clients/hours • Include Tukwila specific narrative 2nd Quarter • Serve 25 unduplicated Tukwila residents • Provide 484 hours of counseling/case management/groups • Report number of non-Medicaid clients/hours • Include Tukwila specific narrative 3rd Quarter • Serve 14 unduplicated Tukwila residents • Provide 330 hours of counseling/case management/groups • Report number of non-Medicaid residents/hours • Include Tukwila specific narrative 4th Quarter • Serve 30 unduplicated Tukwila residents • Provide 594 hours of counseling/case management/groups • Report number of non-Medicaid residents/hours • Include Tukwila specific narrative • Submit demographics • Submit outcomes The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 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. CA Revised 1-2013 Page 5 of 6 7 EXHIBIT B OPERATING BUDGET FOR 2015 -2016 PLANNED MONTHLY EXPENDITURES Quarterly 1,2,3,4,5,6,7,8,9,10,11,12 Total Expenditures: $55,092.00 To be billed at $4,591.00 per month not to exceed $55,092.00 annually. CA Revised 1 -2013 8 Page 6 of 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES Contract Number: This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Renton Area Youth and Family Services, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: • Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $31,330.00 in 2015 and $31,330.00 in 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 9 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 2012 Page 2 of 6 10 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately tenninate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The 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. CA Revised 2012 Page 3 of 6 11 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor By: Printed Name and Title: Address: Attest/Authenticated: Approved as to Form: City Clerk Office of the City Attorney CA Revised 2012 12 Page 4 of 6 EXHIBIT A 2015-2016 Renton Area Youth and Family Services - Substance Abuse/Mental Health Scope of Service to be Provided by Agency. The Agency shall furnish to residents of the City of Tukwila, under the s Human Services program, substance abuse and mental health services to 28 high school students in the Tukwila school disfrict. 1st Quarter • Serve 8 unduplicated Tnkwilarenideuts • Provide 120 hours of youth treatment, case management, assessment, and groups • Report number of non-Medicaid residents/hours • Include Tukwila specific narrative 2nd Quarter • Serve 7 unduplicated Tnkwilarendent • Provide 110 hours of youth treatment, case management, assessment and groups • Report number of non-Medicaid residents/hours • Include Tukwila spectfic narrative 3rd Quarter • Serve 6 unduplicated Tukwila residents • Provide 52 hours of youth treatment case management, assessment and groups • Report number of non-Medicaid residents/hours • Include Tukwila specific narrative 4th Quarter • Serve 7 unduplicated Iokwilanesidzote • Provide 110 hours of youth treatment, case management assessment, and groups • Report number of non-Medicaid residents/hours • Include Tukwila specific narrative • Submit demographics • Submit outcome Funds will be used to pay for personnel. The City Of Tukwila will use a variety of as indicators of satisfactory performance. The Agency will be expected to meet at least 90% of the performance goals as defined above. If the Agency does not meet the 9096 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 I00Y6. 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. 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 eli ible applicants. CA Revised 2012 Page 5 of 6 EXHIBIT B OPERATING BUDGET FOR 2013 -2014 PLANNED QUARTERLY EXPENDITURES Month 3 6 9 12 Total Expenditures $31,330.00 Monthly request: January thru November $2,610.83 per month December request: $2,610.87 CA Revised 2012 Page 6 of 6 14 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Tukwila Pantry, hereinafter referred to as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA 98168. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the perfoiiiiance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $24,370.00 for 2015 or $24,370 for 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 15 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1 -2013 Page 2 of 6 16 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately teiminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services perfoH,ied in the perfoimance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the perfonnance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1 -2013 Page 3 of 6 17 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 18 By: Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2015 -2016 Tukwila Pantry — Food Bank 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 quarterly budget sheet • Submit Tukwila specific narrative 2nd Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit quarterly budget sheet • Submit Tukwila specific narrative 3rd Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit quarterly budget sheet • Submit Tukwila specific narrative 4th Quarter • Report number of unduplicated residents served • Report number of food bags distributed • Report pounds of food distributed • Submit quarterly budget sheet • Submit Tukwila specific narrative • Submit outcome, indicators and results • Submit demographics The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 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. CA Revised 1 -2013 Page 5 of 6 19 EXHIBIT B OPERATING BUDGET FOR 2015 -2016 PLANNED QUARTERLY EXPENDITURES Quarterly Expenditures 3 6 9 12 Total To be billed at $6,092.50 per quarter, not to exceed $24,370 annually. CA Revised 1 -2013 20 Page 6 of 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Refugee Women's Alliance, hereinafter referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King Jr. Way S., Seattle, WA 98108. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: • Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,200.00 for 2015 or $21,200.00 for 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 21 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial [ndustrial Insurance laws of the State of Washington. CA Revised 1-2013 Page 2 of 6 22 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1 -2013 Page 3 of 6 23 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 24 By: Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2015-2016 ReWA - Case Management and 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, case management support services and emergency financial assistance to prevent utility shut-off and eviction. 1st Quarter • Serve 10 Tukwila residents • Provide 75 hours of case management • Include Tukwila specific narrative 2nd Quarter • Serve 10 Tukwila residents • Provide 75 hours of case management • Include Tukwila specific narrative 3rd Quarter • Serve 10 Tukwila residents • Provide 74 hours of case management • Include Tukwila specific narrative 4th Quarter • Serve 10 Tukwila residents • Provide 74 hours of case management • Include Tukwila specific narrative • Submit demographics • Submit outcomes, results The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. Funds will be used to pay for personnel/operating costs ($11,200) and direct financial assistance ($10,000) to clients. The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such eligibility to require residence within the City, and shall provide services under this Agreement only to eligible applicants. CA Revised 1-2013 Page 5 of 6 25 EXHIBIT B OPERATING BUDGET FOR 2015 -2016 PLANNED QUARTERLY EXPENDITURES Month Expenditures 3 6 9 12 Total Administrative $2800.00 $2800.00 $2800.00 $2800.00 $11,200.00 Direct Assistance billed as used for direct financial assistance to Tukwila residents $10,000.00 Total annual contract amount not to exceed $21,200.00 Administrative costs = $11, 200.00 to be billed at $2800.00 per quarter Direct Assistance costs = $10,000.00 to be billed as used not to exceed $10,000.00 in a calendar year. CA Revised 1 -2013 Page 6 of 6 26 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Multi Service Center, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 23699, 1200 S. 336th St., Federal Way, WA 98093. WHEREAS, the City has determined the need to have certain services perfolined for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $45,000.00 for 2015 or $45,000.00 for 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 27 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1-2013 Page 2 of 6 28 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be telininated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1-2013 Page 3 of 6 29 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised 1-2013 Page 4 of 6 30 EXHIBIT A 2015-2016 Multi-Service Center-Emergency 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 12 Tukwila households • Provide 12 vouchers • Include Tukwila specific narrative 2nd Quarter • Serve 12 Tukwila households • Provide 12 vouchers • Include Tukwila specific narrative 3rd Quarter • Serve 12 Tukwila households • Provide 12 vouchers • Include Tukwila specific narrative 4th Quarter • Serve 12 Tukwila households • Provide 12 vouchers • Include Tukwila specific narrative • Submit demographics • Submit outcomes, indicators and results Funds will be used to pay for direct financial assistance (66% = $29,700) and (34% = $15,300) 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. The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. CA Revised 1-2013 Page 5 of 6 31 EXHIBIT B OPERATING BUDGET FOR 2015-2016 PLANNED MONTHLY EXPENDITURES Monthly 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 Total Expenditures $45,000.00 annually Funds will be used to pay for: Direct financial assistance: (66% = $29,700) = approximately $2475.00 per month Administrative costs: (34% = $15,300) = $1275.00 per month CA Revised 1-2013 32 Page 6 of 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Institute for Family Development2 hereinafter referred to as "the Contractor," whose principal office is located at 34004 16 Ave. S., Suite, 200, Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,600.00 for 2015 and $21,600.00 for 2016. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2015, and ending December 31, 2016, unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 2012 Page 1 of 6 33 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised 1 -2013 Page 2 of 6 34 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. CA Revised 1 -2013 Page 3 of 6 35 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20 . CITY OF TUKWILA CONTRACTOR Mayor, Jim Haggerton ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1-2013 36 By: Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2015-2016 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 (including interpretation service hours), skill building and support to high-risk, low-income families not engaged in Children's Protective Services. 1st Quarter • Serve 3 unduplicated Tukwila households • Provide 135 hours of counseling, interpreting, case management • Report number of duplicated individuals served in narrative • Include Tukwila specific narrative 2nd Quarter • Serve 2 unduplicated Tukwila households • Provide 90 hours of counseling, interpreting, case management • Report number of duplicated individuals served in narrative • Include Tukwila specific narrative 3rd Quarter • Serve 1 unduplicated Tukwila household • Provide 45 hours of counseling, interpreting, case management • Report number of duplicated individuals served in narrative • Include Tukwila specific narrative 4th Quarter • Serve 2 unduplicated Tukwila households • Provide 90 hours of counseling, interpreting, case management • Report number of duplicated individuals served in narrative • Include Tukwila specific narrative • Submit demographics • Submit outcome data The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services Manager. 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. CA Revised 1-2013 Page 5 of 6 37 EXHIBIT B OPERATING BUDGET FOR 2015 -2016 PLANNED QUARTERLY EXPENDITURES Quarterly Expenditures 3 6 9 12 Total To be billed $5,400.00 per quarter not to exceed $21,600.00 annually. CA Revised 1 -2013 38 Page 6 of 6 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Community Affairs and Parks Committee FROM: Rachel Bianchi, Communications and Government Relations Manager DATE: January 13, 2015 SUBJECT: 2015 Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the legislative session. BACKGROUND The City's Legislative Agenda provides direction to staff and consensus among the elected officials as to what policy positions are taken on behalf of the City of Tukwila during the legislative session. RECOMMENDATION The Council is being asked to approve the resolution and consider this item at the January 26, 2015 Committee of the Whole meeting and subsequent February 2, 2015 Regular Meeting. ATTACHMENTS Resolution in draft form Attachment A — Legislative Agenda 39 40 R F7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2015 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2015; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on February 2, 2015; NOW, THEREFORE, THE .CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2015 Washington State Legislative Session that are integral to serving the Tukwila community in the manner in which the residents and businesses have come to expect. The City of Tukwila 2015 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila 2015 Legislative Agenda W: \Word Processing \Resolutions \Legislative Agenda for 2015 1 -13 -15 RB:bjs Page 1 of 1 41 Attachment A City of Tukwila 2015 Legislative Agenda Transportation and Infrastructure • Funding from key programs such as the Transportation Improvement Board and Public Works Assistance Account are critical for cities in addressing infrastructure and transportation needs. • Previous raids on the Public Works Assistance Account resulted in a Toss of $9.6 million in loans to Tukwila alone, which would have funded critical infra- structure in the City. • The State Legislature should fully fund these and other programs, such as the Centennial Clean Water Fund and Model Toxics Control Account, to allow cities to meet growing transportation and infrastructure needs. Shared Revenue • The State must continue its role as a partner with cities. • Part of this partnership is maintaining existing programs such as Streamlined Sales Tax Mitigation Payments, which provide Tukwila over $1.1 million annually. • In addition, the state must restore the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continues to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Marijuana • The state must coordinate medical marijuana and Initiative 502. • The legal quagmire between the two allows for significant threats to public safety and direct and damaging impacts in our cities' neighborhoods. • It is time to reconcile the two systems and provide local jurisdictions with a portion of the taxes to address marijuana impacts within cities. Human Services Funding • The City of Tukwila is committed to local funding for human services, and we know that as the city with the lowest median income in King County, many of our residents rely on local, county, state and federal services for basic survival. • While we continue to do our part, we cannot do it alone and will continue to rely heavily on county, state and federal partners to meet the needs of the most vulnerable. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. 42 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Bob Giberson, Public Works Director BY: Ryan Larson, Senior Program Manager DATE: January 23, 2015 SUBJECT: Chinook Wind Project No. 91441202 Resolution for Site Acceptance ISSUE Approve a Resolution to accept the Chinook Wind site from King County at no cost following successful acquisition by King County. BACKGROUND King County has entered into a purchase and sale agreement with the owner of the Sleeping Tiger properties to acquire the Chinook Wind site located between Tukwila International Blvd and the expanded Duwamish Gardens project. The Chinook Wind site includes two parcels totaling 5.83 acres with approximately 700' of river frontage. One parcel is vacant and the other contains a 118-room motel built in 1963. The purchase and sale agreement has several significant contingencies that must be resolved by February 22, 2015. One of the contingencies is obtaining the City of Tukwila's commitment to accept the site following acquisition and site clearing. King County is currently performing an environmental site assessment to evaluate the site for contaminants and a cultural resources review to determine the likelihood of impacting cultural resources. ANALYSIS King County's interest in the Chinook Wind property stems from their desire to see additional salmon habitat constructed in the Duwamish Transition Zone as well as the need to provide mitigation sites for their Mitigation Reserves Program. The Mitigation Reserves Program allows developers to forgo required onsite mitigation by paying a fee to King County for offsite mitigation provided by the County. Sound Transit has mitigation needs relating to the planned filling of wetlands for a project titled "Sounder South Expansion (Seattle to Tacoma Sounder Commuter Rail) Easement 4 Improvements Project."The Sound Transit mitigation has been tentatively approved by the Interagency Review Team that includes a representative from the Muckleshoot Indian Tribe Fisheries Division and the Corps of Engineers. FISCAL IMPACT Originally Tukwila was to be the purchaser of the Chinook Wind site using grant funds, but King County is now purchasing the two parcels. Funding for the Chinook Wind acquisition would be through a combination of funds provided by the Mitigation Reserve Program, Conservation Futures, and King County Park funds. Future design and construction funds have not been secured to date, but additional Mitigation Reserve Program funds are anticipated as well as potential funding from the King County Flood Control District and other grant programs. RECOMMENDATION Approve this resolution that accepts the Chinook Wind Site from King County and consider this item on the Consent Agenda at the February 2, 2015 Regular Meeting. attachments: Draft Resolution with Site Map Page 85, 2015 CIP C:11.1sers1ciuristy1AppDatalLocal \Microsatl1VVindows \Temporary Interne( Files1Content.Oollook1H94XRZJMIlnlo Memo Chinook.VVind - Resolution Accept Site from KO gl.docx 43 44 AFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO THE ACCEPTANCE OF THE CHINOOK WIND HABITAT SITE FROM KING COUNTY. WHEREAS, the City of Tukwila has an approved Capital Improvement Project titled "Chinook Wind" that calls for the acquisition and restoration of the project site shown on the attached map; and WHEREAS, the City of Tukwila was awarded $1,903,616 in combined King Conservation Futures and King County Parks funds for the acquisition of the Chinook Wind site; and WHEREAS, the City of Tukwila is in need of additional funding to acquire and develop the Chinook Wind site; and WHEREAS, King County created a Mitigation Reserves Program that allows applicants an option to purchase mitigation credits from King County to fulfill mitigation needs; and WHEREAS, King County is in need of acquiring additional mitigation sites for their Mitigation Reserves Program; and WHEREAS, Sound Transit is required to provide mitigation for a project titled "Sounder South Expansion (Seattle to Tacoma Sounder Commuter Rail) Easement 4 Improvements Project" and are seeking approval to use the Mitigation Reserves Program to fulfill their mitigation requirements; and WHEREAS, King County entered into a Purchase and Sale Agreement with Sleeping Tiger, LLC, the owner of the Chinook Wind site, to purchase the site for $6,200,000, which is contingent upon King County receiving a commitment from the City of Tukwila to accept transfer of fee ownership of the Chinook Wind site from King County following purchase and required site work; and W: \Word Processing \Resolutions \Chinook Wind site acceptance 1 -16 -15 RL:bjs Page 1 of 2 45 WHEREAS, King County is performing an environmental evaluation of the site and, prior to transferring the property to the City of Tukwila, any necessary environmental remediation will be completed or will be satisfactorily addressed in the transfer agreement; and WHEREAS, King County intends to purchase the site, remove all site improvements, provide erosion control, install a security fence, and transfer the site to the City of Tukwila to develop into a habitat restoration and mitigation site in accordance with funding requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Upon successful acquisition of the project site by King County, the City of Tukwila shall accept the future transfer from King County of fee ownership of the acquired Chinook Wind property at no additional cost to the City, and develop it into a salmon habitat restoration and mitigation site that may include minor park elements on the periphery as restoration funds become available. Section 2. To grant King County use and access rights to implement mitigation project at the acquired Chinook Wind property. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment: Map of Chinook Wind Project Site W: \Word Processing \Resolutions \Chinook Wind site acceptance 1 -16 -15 RL:bjs 46 Page 2 of 2 0923049153- Date. January 21, 2015 —.4 W:\PW Eng \GIS\Projects\RyanL\ChinookVVindkProjectSite.mxd Chinook Wind Project Site CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Chinook Wind Project Nn. 91441202 DESCRIPTION: Purchase and restore site as a saimon estuary and passive park. The WRIA 9 Salmon Recovery Plan recommends creating 20-acres of off-channel habitat within the JUSTIFICATION: Duwamish Transition Zone and Iists this section of the river as critical habitat for salmon recovery within the Green/Duwamish Watershed. Property currently listed for sale. Acquisition funding options being explored and may include King STATUS: County Conservation Futures and King County Mitigation Bank. MAINT. IMPACT: Passive park and habitat site will require additional maintenance resources. COMMENT: Grant funding applied for through the King County Conservation Futures in 2014. FINANCIAL Through Estimated in $000's 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 50 650 700 Land (R/W) 18 5.000 0.018 Const. Mgmt. 400 400 Construction 3.000 3.000 TOTAL EXPENSES 0 18 6'050 650 0 3,400 0 0 0 10.118 FUND SOURCES Awarded Grant 0 Proposed Grant 6,000 600 3.400 10.000 Mitigation Actual 0 Mitigation Expected 0 City Oper, Revenue 0 18 50 50 0 0 0 0 0 118 TOTAL SOURCES 0 18 6,050 650 0 3,400 0 0 0 10.118 0000000M 0.00010000000000000000,000000 2015 cnzo Capital Improvement Program 48 85 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Laurel Humphrey, Council Analyst DATE: January 21, 2015 SUBJECT: Draft 2015 Community Affairs and Parks Committee Work Plan ISSUE Review a preliminary Community Affairs and Parks Committee work plan for 2015. BACKGROUND The draft work plan is a schedule of proposed topics to be considered by the Committee in 2015. Items may be added or deleted as necessary throughout the year, and the list is meant to capture both staff and Council-originated discussions. The Council Analyst will monitor and modify as appropriate, including status updates. At the February 9 Committee of the Whole, the full Council will have opportunity to review initial work plans for all four standing committees. DISCUSSION Updates will be presented to the Committee periodically. RECOMMENDATION Information only. ATTACHMENTS Preliminary 2015 Community Affairs and Parks Committee Work Plan 49 50 Community Affairs _ --� ''_' and Parks Committee _- _- Work — - ' City of Tukwila Updated 1/21/15 Description ' Qtr Demt Action or Br�Nng �t�tu� 1 Trakit Citizen Comment Module Update DCD, Mayor B 2 City Support for Veterans P&R, Other A/8 � Commercial Vehicles in Residential Zones CNCL, ATTY A 4 Teens for Tukwila — Updates (1/4ly or annually to COW) B 5 City/MPD ILA—Addendum (from MPD request) ATTY A 6 Accessible Programs — Update 7 Tree City USA 8 Park sign inventory, provision of waste bags (per 1/12 COW) 9 Development Agreement with 90 Andover Park East DCD A 10 Duwamish Gardens — Advertise and award construction contract PVV A 11 Chinook Winds — Resolution to accept site from King County PVV A En � DCD/LEAN Progress Report DCD B Briefing on implementation of�hore|ine Master Program DCD B 14 Human Services contracts over $40K HS A �5 1% for the Arts — Procedures and Guidelines P&R B �6 Duwamish Hill Construction — Contract Award P&R A 17 FGL Golf Carts — Purchase Approval P&R A 18 Collective Gardens Moratorium Next Steps DCD A 19 Update Wireless Facility Regulations per new FCC rules DCD A �U Park Rules P&R A CDBG — 2016 Minor Home Repair HS A -CANN,521O Implementation 8' Food Policy —Update P&R B Riverbank Waterfowl Agreement P&R A 24 Minor Home Repair Program HS A 25 Park Stewardship Plan — Briefing 3 P&R B 26 EarthcVrpProjects— Updaie 3 P&R B 27 Developer selection for urban renewal project (motels) 3 ED A 28 Duwamish Hill Construction — [ontractC|oseout 4 P&R A 29 FGL Pond Liner — Purchase Approval 4 P&R A 30 ''Siccardi'' Parcel Official Naming (2O158TR4or2O16) 4 P&R A Registration Software — Update (purchase 2016 or budget for 2017) 4 P&R B Tukwila Village plaza/commons nori-profit formation 4 ED A Standard Reports/Briefings Frequency Dept. Summer Events Calendar Annual Parks Parks Department Report (or to COW/Council?) Annual Parks Proclamation —July as P&R month Proclamation — Arbor Day Proc|annation — Vo|unteerVVeek City of Tukwila Updated 1/21/15 52