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HomeMy WebLinkAboutCDN 2017-01-23 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee O Kathy Hougardy, Chair O Verna Seal O Kate Kruller AGENDA MONDAY, JANUARY 23, 2017 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: Recommended Action K. Hougardy Mayor Ekberg V. Seal D. Cline K. Kruller C. O'Flaherty D. Robertson L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Human Services contracts over $40,000 (budgeted for a. Forward to 2/6 Consent Pg.1 2017- 2018). Agenda. Stacy Hansen, Human Services Coordinator b. Human Services Advisory Board recommendations for b. Forward to 2/6 Consent Pg.45 additional $50,000 of funding (budgeted for 2017- 2018). Agenda. Evelyn Boykan, Human Services Program Manager c. Proposed changes to marijuana retail regulations. c. Committee Pg.55 Jack Pace, Community Development Director recommendation. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, February 13, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. -City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TD: Community Development and Neighborhoods Committee FROM: EvieBoykan' Human Service Manager BY: Stacy, Hansen, Human Services Coordinator CC: Mayor Ekberg DATE: January 17,2Q17 SUBJECT: Human Services Contracts over $4O'DOQ ISSUE All contracts over $4O'O00 need Council authorization for Mayor's signature. TheSeprOg[aDls. carefully reviewed and recommended by the HUOO@D Services Advisory Board are: Catholic {|o[O0VOitv Services Emergency Assistance P[Og[a0' F<eDtVO Area Youth and Family G8rViCeS Substance Abuse, Renton Area Youth Services School Based Counseling, Refugee Women's Alliance, Multi-Service Center Financial Assistance, Institute for Family DeV8|OpDleOt (PACT) and TVkvvi|3 Pantry. DISCUSSION These contracts are executed iO conjunction vvithVurbiennia|budgntfVra two-year period, and the funding has been approved aS part Of the larger Human Services budget for 2O17-2018. The name and the amount of the contracts are as fO||Ovvs: (Dollar amounts in parenthesis are for the two-year duration of the contract. Total amount for all seven contracts, for both years = $463,844). *Catholic Community Services — Emergency Assistance Program -$22.7U0 for 2O17 and 2018($45,40L) — one-time financial assistance for rent/utility (paid to provider). *$5,700 increase from the $50k additional award tn the HGbudget. Renton Area Youth Services — Substance Abuse/Mental Health -$51.33O for 2O17 and 2U18 ($02.8OO)— school-based substance abuse services. Renton Area Youth Services — RAYS school Based Counseling -$55.092 for 2O17 and 2U18($110.184)— school based mental health services. Refugee Women's Alliance - Family Support & Case management -$21.2O0 for 2017 and 2U10/$42,4U0\ — case management, financial assistance support. Multi-Service Center — Emergency Assistance Program -$45'OOO for 2O17 and 2O1O($SO.O0O)—one-time financial assistance for rent/utility (paid to provider). Institute for Family Development — PACT -$21.00O for 2O17 and 2U10/$43.2OO>— intensive, in-home nneDt8| health services for families at risk. Tukwila Pantry — Food Bank -$35.0OO for 2O17 and 2O18($7O.0OO)— food supplementation. RECOMMENDATION The Committee is being asked to review these budgeted contracts and forward this item tOthe February 6.2O17 Regular Meeting Consent Agenda. ATTACHMENTS Seven contracts 8S listed above :i11LA k4S . Contract 4," 6200 Southcenter Boulevard, Tukwila WA 98188 .......`1908..;;: 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 Catholic Community Services, hereinafter referred to as "the Contractor," whose principal office is located at 100 23`d Ave. S., Seattle, WA 98144. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $22,700.00 for 2017 and $22,700.00 for 2018. 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, 2017, and ending December 31, 2018, 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 n Page 2 of 6 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 Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 1 -2013 0 CONTRACTOR Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 Catholic Community Services — Emergency Assistance Program Scope of Services to be Provided by ency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, emergency financial assistance to low- income residents to assist with meeting basic needs including shelter, utilities, etc. 1st Quarter Serve 5 unduplicated Tukwila households Provide 5 vouchers for financial aid 2nd Quarter • Serve 5 unduplicated Tukwila households • Provide 5 vouchers for financial aid • Include Tukwila specific narrative 3rd Quarter Serve 5 unduplicated Tukwila residents Provide 5 voucher for financial aid 4th Quarter • Serve 4 unduplicated Tukwila residents • Provide 4 vouchers for financial aid • Include Tukwila specific narrative • Submit demographics • Submit outcomes results Funds will be used to pay for administration ($9500) and $13,200 for CCS to use for Tukwila specific appointments relating to shelter and utility needs up to $800 per unduplicated, one -time assistance. 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. 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 IW011HIIw PLANNED QUARTERLY EXPENDITURES Quarterly 3 6 9 12 Total Expenditures Billed on a quarterly basis. $ 9500.00 for administrative costs, divided evenly and billed each quarter $ 13200.00 for CCS direct assistance paid to rent/utility providers billed on a quarterly basis $22,700.00 Total annual contract amount. CA Revised 1 -2013 Page 6 of 6 �Jti�I1LA k4S . City of 10, 6200 Southcenter Boulevard, Tukwila WA 98188 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 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: 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 $31,330.00 in 2017 and $31,330.00 in 2018. 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, 2017, and ending December 31, 2018, 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 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: 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 10 Page 2 of 6 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 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, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 2012 12 Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 Renton Area Youth and Family Services — Substance Abuse /Mental Health Scope of Services to be Provided byAgency. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, substance abuse and mental health services to 28 high school students in the Tukwila school district. 1st Quarter • Serve 8 unduplicated Tukwila residents • Provide 105 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 Tukwila residents • Provide 135 hours of youth treatment, case management, assessment and groups • Report number of non - Medicaid residents/hours • Include Tukwila specific narrative 3rd Quarter • Serve 6 unduplicated Tukwila residents • Provide 77 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 Tukwila residents • Provide 75 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 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. 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 2012 Page 5 of 6 13 EXHIBIT B OPERATING BUDGET FOR 2017 -2018 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 Contract Number: • 11 Southcenter Boulevard, ' 98188 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: 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 $55,092.00 for 2017 and $55,092.00 for 2018. 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, 2017, and ending December 31, 2018, 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 17 Page 2 of 6 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 I 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 Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 1 -2013 IN CONTRACTOR Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 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 675 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 600 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 395 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 19 OPERATING BUDGET FOR 2017 -2018 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 20 Page 6 of 6 1 4J' ty4S CCity of Tukwila ontract Number: 01 6200 Southcenter Boulevard, Tukwila WA 98188 Re > i! 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: 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 $21,200.00 for 2017 or $21,200.00 for 2018. 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, 2017, and ending December 31, 2018, 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 Insurance laws of the State of Washington. CA Revised 1 -2013 22 Page 2 of 6 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, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty 9011VA 11 bff-AVV VLSI ILI) "M 04 Office of the City Attorney CA Revised 1 -2013 24 Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 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 2017 -2018 PLANNED QUARTERLY EXPENDITURES Month 3 6 9 12 Total Expenditures 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 0�r' . • • - K �.¢O6200 Southcenter Boulevard, Tukwila WA 98188 `�.cam' -, 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. 336" St., Federal Way, WA 98093. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $45,000.00 for 2017 or $45,000.00 for 2018. 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, 2017, and ending December 31, 2018, 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 W. Page 2 of 6 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 W 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 Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty Office of the City Attorney CA Revised 1 -2013 CONTRACTOR IC Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 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 (73% _ $33,000) and (27% _ $12,000) administrative costs. 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. 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 31 EXHIBIT B OPERATING BUDGET FOR 2017-2018 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: (73% = $33,000.00) = approximately $2750.00 per month Administrative costs: (27% = $12,000.00) = $1000.00 per month Not to exceed $45,000.00 annually. CA Revised 1-2013 32 Page 6 of 6 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 Developments hereinafter referred to as "the Contractor," whose principal office is located at 34004 16t Ave. S., Suite, 200, Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $21,600.00 for 2017 and $21,600.00 for 2018. 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, 2017, and ending December 31, 2018, 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 34 Page 2 of 6 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 Mayor, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty EV10111 G ��011,♦ Office of the City Attorney CA Revised 1 -2013 W CONTRACTOR C Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 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. lst Quarter • Serve 3 unduplicated Tukwila households • Provide 85 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 85 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 60 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 74 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 • 1• Quarterly 3 6 9 12 Total Expenditures To be billed $5,400.00 per quarter not to exceed $21,600.00 annually. CA Revised 1 -2013 !C Page 6 of 6 x Z', City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CKIM a 11T.Maj 8 all] 114M Do .ALI/ 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 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 $35,000.00 for 2017 or $35,000.00 for 2018. 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, 2017, and ending December 31, 2018, 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 W 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 .i Page 2 of 6 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 Keepinst 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 41 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, Allan Ekberg ATTEST /AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CA Revised 1 -2013 42 Printed Name and Title: Address: Page 4 of 6 EXHIBIT A 2017 -2018 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 pounds of food distributed • Submit quarterly budget sheet 2nd Quarter • Report number of unduplicated residents served • Report pounds of food distributed • Submit Tukwila specific narrative 3rd Quarter • Report number of unduplicated residents served • Report pounds of food distributed • Submit quarterly budget sheet 4th Quarter • Report number of unduplicated residents served • Report pounds of food distributed • 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 FIN I�i:1:i C i OPERATING BUDGET FOR 2017 -2018 PLANNED QUARTERLY EXPENDITURES Quarterly 3 6 9 12 Total Expenditures To be billed at $8,750 per quarter, not to exceed $35,000 annually. CA Revised 1 -2013 .. Page 6 of 6 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Evie Boykan, Human Services Manager CC: Mayor Ekberg DATE: January 5, 2017 SUBJECT: Human Services Advisory Board Additional Recommendations ISSUE City Council awarded the Human Services division an additional $50,000 for the 2017/2018 budget cycle. The Human Services Advisory Board met several times to make recommendations on awarding increases for previously recommended agencies in addition to proposing contracts to new agencies. BACKGROUND The Human Services Advisory Board met three times from November 2016 through January 2017 to consider allocations. Their deliberations included results of interviews with agencies, review of their applications and staff recommendations. ANALYSIS Some of the recommendations reflect emphasis on employment opportunities. The new agencies include Kona Kai's H.E.A.T. program, ANEW, Apprenticeship and Non-traditional Employment for Women, and Puget Sound Training Center. Also supported was more financial support for basic needs (Catholic Community Services, REACH day center, Meals on Wheels, Volunteer Transportation, Sound Mental Health Path services, additional education from the King County Bar Association and services for refugees and immigrants (Literacy Source and Somali Youth and Family Club). FINANCIAL IMPACT Meetings with the agencies that received recommendations for additional support will be delayed until City Council reviews the entire set of recommendations for the additional $50,000. RECOMMENDATION The Committee is being asked to approve the attached list of service providers and dollar amounts recommended by the Human Service Advisory Board and forward this item to the February 6, 2017 Consent Agenda. ATTACHMENTS Spreadsheet of Human Services Advisory Board Recommendations Memorandum to Mayor and City Administrator 45 M. 8 SSOKbudmetincrease AN0V 2 Catholic Comm Sen/ice'EmerAssistance 3 Kona Kai 4 KC Bar Foundation-Pro Bono 5 Literacy Source 6 P30|C-Emp|oyment&Training 7 Renton Ecumenical-Hope Shelter O Somali Youth & Fami|yC/ub'Case management 9 Sound Generations-Meals onWheels lO Sound Generations-Volunteer Transp. 11 Sound Mental Health (SMH)-PATH ~—`'-- Total recommended ':Total budget 10,00 5,700 10,000 I,OOO 10,500 2,000 1,805 3,000 920 812 50,00 2,263 Total award l0U/459| EYA MEMORANDUM DATE: JANUARY 13, 2016 TO: MAYOR EKBERG, DAVID CLINE, CITY ADMINISTRATOR CC: DEREK SPECK, ECONOMIC DEVELOPMENT ADMINISTRATOR FROM: EVIE BOYKAN, HUMAN SERVICES MANAGER RE: HUMAN SERVICES NON-PROFIT FUNDING RECOMMENDATIONS 2017/2018 The Tukwila Human Services Advisory Board completed their recommendations for 2017/2018 non- profit funding. Our Advisory Board members have a wide-range of expertise in social services, awareness of community needs and desire to fund services that support community health and stability. In addition to many hours of dedicated reading and evaluation on their own, the board met with Human Services staff for a total of four sessions and 12 hours. During that time, 50 proposals totaling $561,195 were considered. Three additional programs were recommended for funding with $10,000 through the multi-jurisdictional parallel process funding. In all, forty two program proposals were recommended for some level of funding. Five of these were new programs (not funded by the City previously.) Year-to-date, our requests for human services assistance show, that more residents are cost burdened, paying commonly 50% or more of their income to maintain their housing. The number of homeless families continues to increase and the number of affordable units of housing is decreasing as market trends point to increased rents that for units close to the Light Rail. (Boulevard at South Station is charging $1420 per month fora two bedroom). The Board reviewed existing regional serving programs that continue to need funds from local municipalities. These programs, while not customizing services to Tukwila residents, provide an integral part of the regional human service infrastructure. Tukwila's recommended funding makes up only a small part of what agencies need in order to keep programs afloat and continue serving our residents. Each program was reviewed for content, completion, accessibility, fiscal soundness, current and past performance. Staff provided input. Staff and Board members will be available for Committee and Council discussions on these recommendations. We are happy to answer any questions regarding our process and the attached recommendations. NEW .PROGRAMS RECOMMENDED FOR FUNDIXG. Communities in Schools — Liaisons — $3,000 This program, operating in Renton for many years, provides site coordinators to 'individual schools to assist students who are at risk of school failure. Site coordinators provide services to address non-academic issues which negatively impact student performance. We, MEMORANDUM Puget Sound Training Ccnter— Employment and Training Services —$S,00O This program offers o comprehensive set of employment services uo low income individuals, including zcLvoxep and immigrants. The services included customized skills training, one on one case management, career coaching, job placement assistance and workshops to improve life skills and job readiness. Somali Youth and Family Club —Case Management —$10,UOO This organization supports refugees and immigrants with scrvccs and connections to help support faozOv stability. They provide family engagement support, rent assistance and case management, civic engagement and advocacy. Kona Kai '$1O,0O0 Kona Kai life skills and job training to unemployed young adults for careers 6u the hospitality and food service industry. Students ffiat enter their Hospitality, Education andfraining program Af.B.A.]Dalso receive 20 college credits and an accredited certification once completed. ANEW -$1O,0NO Apprenticeship and Noo traditional Employment fo*Wo ocuo ffero training, auppo zt employment oczr��, preparation for women and men. Their services includes the Trades Rotation Program and the Cozccr Connection pzogrxoo`v6ic6offerswrupozonn6co`ploymcutscrvicco6ocozcuuu6nococo,6ocueiogou nrococn, immigrant populations and people of color. CONTINUING PROGRAMS. South King Council o[ Human Services Capacity Project - $5,000 The purpose of this program is to help non-profits (like the Tukwila Pantry) develop their capacity, connect 6uodus t0000-pzo6ts` and leverage technical assistance. This includes the areas nf helping agencies with grants arid applications, advising on evaluations, outcomes, transitions and board development, us well us research, data and strategic planning. The agency has been successful at increasing the visibility of South King County non-profits with the philanthropic community. ][6cyazc also u convener for the south end cities and non-profits working ou equity and social justice issues. INFORMATION AND REFERRAL Childcare Resources -$S,)00 The agency information and referral to help families find appropriate child care. They also provide training and technical assistance for childcare providers and community education regarding child care issues. Crisis Clinic-2-1-1-$1,50U 2-1'1 Community Information line specialists provide io6oruzu6ou and referral services to all King County residents. Crisis Clinic —24-6opcCrisis Line-$2,620 The Crisis Line's trained and supervised volunteers provide emergency telephone intervention for residents 6z crisis or emotional distress. As needed, callers can obtain direct linkage to emergency mental health services. Crisis Clinic — Teen Link '$1,5UO Teen Link offers an anonymous help6ucanswered6vooyervisulteen volunteers, evenings from 6-10 pm, providing u confidential, safe place for youth u/ seek comfort and support. Trained staff and youth volunteers also offer Youth Suicide Prevention education in schools and youth serving organizations throughout King County. POSITIVE & HEALTHY FAMLY RELATIONSHIPS MEMORANDUM Institute for Family Development — PACT program - $21,600 PACT (Parents and Children Together) provides in -home counseling, skill building and support to high -risk, low- income families not engaged in the CPS system. PACT therapists teach parents and children a wide range of effective skills and helps family's access on -going informal and formal supports /resources to maintain and continue improvements in family functioning and child well- being. King County Sexual Assault Center — Comprehensive Sexual Assault Services - $8,300 The agency provides integrated services for sexual assault victims and their families, combined with community and prevention education. Lutheran Community Services - Angle Resource Center - $5,000 The Resource Center provides classes, information and referral, access to mental health services for refugees and immigrants. Renton Area Youth Services — School Based Youth - $55,092 Funding supports the presence of RAY's school based mental health services in all five Tukwila Schools. Therapists work with students and their family members to address emotional and behavioral issues. Services include individual and family counseling, social skills groups including a Latina life skills group. Renton Area Youth Services — School Based Substance Abuse - $31,330 This program funds a full -tune substance abuse counselor at Foster High School. District staff makes direct referrals for intakes and assessments as well as Substance Abuse counseling and mental health counseling. Sound Mental Health — Path Program - $15,000 The Path Program provides in- person outreach and engagement to homeless, mentally ill individuals. The Path staff were extremely helpful during the motel siege in 2013. They receive referrals from Police, Human Services, and other non- profits. YWCA Children's DV Services — Children's Domestic Violence Program - $4,326 This program offers a 10- week education and skill based curriculum for children ages 3 -18 and their non - abusive caregivers. Services are delivered to families in their homes after the abuser has left the home and caregiver and children have achieved housing safety. SUPPORT FOR SELF SUFFICIENCY Global to Local — $7,000 Global to Local, originally funded by Swedish Medical Center and the King County Public Health Department has been providing services for several years to low- income populations to improve health access, health status and grow leadership within a range of underserved and underrepresented communities. Community Health Promoters engage with residents and introduce strategies promoting education, nutrition and healthy living. King County Bar Foundation — Housing justice /Neighborhood Legal Clinics - $3,500 Free legal assistance is provided to low- income tenants facing eviction. Neighborhood legal clinics make legal information and referrals available to low- income residents. Refugee Women's Alliance — Family Support Case Management and Emergency Assistance - $21,200 ReWa provides case management services to immigrant and refugee clients to help them access social services and meet basic needs. These services include advocacy for services, barrier removal, housing assistance, referrals to health, employment and social services, and assistance with system navigation. Funds for emergency assistance are made available to eligible clients to meet their basic needs. Sound Generations — Meals on Wheels - $ 7,999 51 MEMORANDUM Meals ooV0,rcls deliver frozen and liquid nutritional supplements to homebound seniors iuK inrC000tp The program's consistent contact also helps decrease social isolation, helping identify needs oa they make themselves known. Clients are primarily over 60 years oE age ozoQczaud homebound due to illness oz SooudGeoezutiouo — Volnotecr Transportation -$2,86O Frail, medically and financially vulnerable seniors are served with volunteer transportation nnmedical appointments. Program components include client intake and assessment, scheduling and dispatch, volunteer recruitment, supervision and support, information assistance and advocacy and outreach. SAFETY NET FOR URGENT AND BASIC NEEDS Auburn Youth Resources —Outreach Program $2,500 The Auburn Youth Resources Outreach Program provides mobile outreach along Tukwila International Boulevard corridor with the aim of building rapport and establishing relationships with homeless young people. Outreach staff distributes food and emergency packs, provide case management and referral services and help connect youth to housing and life skills support. Their goal ioto transition young people off ofthe streets and into safe and secure housing. Catholic Community Services — emergency financial assistance -$22,7O0 The program provides financial assistance to low income families, seniors and adults that are experiencing Guxociul crisis that impacts their housing stability. City 6zodu are used for food and gas vouchers, bus tickets, utility and rental assistance. Children's Therapy Center - *6,750 Funding helps cover the cost nF doctor prescribed and developmentally uncoosaryDoJiutric'occopxtiouu], physical, speech language and feeding therapy services; parent/ caregiver tzaiuiug,opcciulcdncutioo, playgroups, custom oct6o6cn and od6cz support oczricco including interpreters and translators. DAWN Community Advocacy & Crisis Line program -*4,OOO One oo one advocacy, peer support groups and youth prevention pzoQronzs are offered tn individuals and families impacted by domestic violence. DAWN Continuum Housing Services -$7,O0O The agency provides a comprehensive continuum of emergency and transitional housing that takes domestic violence nnoivvzo from crisis 6nrncicsvucnn to permanent housing. lBozcggcouy Feeding Program -$2,00O A variety of nutritionally balanced meal packages are available through a network of 136 distribution sites. These are available for individuals/ families experiencing immediate hunger. This io not u duplication offood bank services us the Emergency Feeding Program bags are only available oouone -time basis. ]BFP"ms extremely helpful providing snack pucks during the motel siege. Health Point Dental Care -$4,560 This program provides affordable dental services to populations needing access to dental care. Health Point Medical Care - *5,000 Health Point offers family practice, obstetric, pediatric medical services with supportive behavioral health and case management programs to King County residents iu need oFcare. Services are tailored to low income, uuiuvucu8, minority and hocurlcnn families and individuals in King County. Hospitality House -*5,O0O Hospitality House provides shelter, food, case management and program services to homeless, single women iu South King County. Multi-Service Center —Emergency Assistance -$45,000 MEMORANDUM MSC provides another gateway to accessing emergency assistance. This is one of two agencies recommended for those experiencing financial crisis. Given the demand for this support and the capacity issues with each agency, multiple agency funding is deemed helpful for client accessibility. (See Catholic Community Services). Multi- Service Center Emergency /Transitional Housing - $4,000 The Family Shelter Program provides temporary shelter and case management for homeless families. The transitional housing program provides service enriched housing for families, women and men in recovery from substance abuse. Renton Ecumenical Association of Churches — Hope Shelter - $2,900 With increasing visibility of family homelessness, the Board chose to recommend the Hope Shelter, a day shelter underneath Renton City Hall. The day shelter provides daily meals, resources and case management to homeless parents and their children. South King County Public Health Mobile Medical Van - $2,000 The Mobile Medical van has been visiting the Tukwila Community once a month at the Church by the Side of the Road. Adding dental services to their capacity will increase dental resources for uninsured homeless individuals and will maximize their outreach capacity to uninsured individuals who are not receiving medical care. They served 38 "I "ukwila individuals in 2013. Tukwila Pantry - $35,000 The Pantry provides basic food services for low- income individuals and families. Way Back Inn Transitional Housing - $9,000 Homeless children and families are provided with transitional housing. Three Tukwila housing units are leased to the Way Back Inn to support a family's return to self- sufficiency. YWCA Domestic Violence Advocate - $5,000 Comprehensives advocacy based counseling; safety planning and education are available to domestic violence survivors and their children. 53 rpw. 1 City of Tukwila Allan Ekberg, Mayor TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: January 12, 2017 SUBJECT: Request for Review of Marijuana Regulations ISSUE Should Tukwila's marijuana retail zoning regulations be modified to expand the potential locations? BACKGROUND In the fall of 2012 Washington voters passed Initiative 502 (1 -502) legalizing the recreational use of marijuana and setting up a framework for regulated producers, processers and retailers. Tukwila adopted zoning regulations allowing recreational marijuana uses in the Heavy Industrial and Tukwila Valley South districts in 2013. In 2015 State marijuana regulations and the scope of local control over marijuana uses were significantly changed by two bills, 2SSB 5052 and HB 2136. These allowed cities to reduce buffers for retail locations from 1000 feet to 100 feet for child care centers, parks, transit centers, and libraries but not schools or playgrounds. Ayear ago Seattle made major changes to its marijuana zoning code as follows: 1. For Any 502 business /license: • 1000 feet from any elementary school, secondary school, or playground as defined in WAC 314 -55. 2. Retail 502 business /license: • 500 feet from child care centers, game arcades, libraries, public parks, public transit centers, or recreation center /facilities except in Downtown Mixed Residential, Downtown Mixed Commercial, and within Downtown Urban Center west of 1 -5, North of Yesler, and South of Denny Way where the 1000 foot rule will remain active. • 1000 feet from any other retail 502 business. Based on the property line, not door to door. 3. Non - Retail 502 business /license: • 250 feet from child care centers, game arcades, libraries, public parks, public transit centers, or recreation center /facilities. Issaquah considered overall buffer reductions but ultimately only reduced the distances between retail stores. Renton considered buffer reductions but ultimately kept the 1000 foot distance, instituted a citywide cap of 5 marijuana businesses and banned cooperatives and transporters (delivery services). 55 INFORMATIONAL MEMO Page 2 DISCUSSION Tukwila has received two separate requests to modify retail marijuana regulations. Mr. Botkin's request asks the Council to reduce the buffer between marijuana businesses and parks to 100 feet. The concern is that Briscoe Park in Kent limits potential locations within the TVS and HI Zones even though the River provides a barrier, see Attachment A. While this buffer reduction would apply citywide it would only open up new locations within the two permitted zones. Mr. Eickmeyer's requests, see Attachment B, are to either: Legend Fr ,flr')r TVs T.wa W UY smfl �fte Arens = Ltcgws fpsUrW by WSLCE W ZMes a m aama 'nesses arencd Wnftd We S4a,,ed M 14CO15 10A. NA 1) Allow marijuana retail in one ortwo additional zones, or 2) Create a zoning overlay that would allow marijuana retail stores and could be applied to specific properties throughout the City. This is an open ended request that would take a considerable amount of outreach and analysis to implement. FINANCIAL IMPACT Tukwila currently does not have any marijuana businesses and therefore does not receive revenue sharing from this source. Expanding the areas eligible for marijuana retailers could result in additional tax revenue. RECOMMENDATION The Committee is asked for direction on whether staff should work with one or both requestors to develop an ordinance for review by the full Council. Staff would support reducing the parks buffer distance because Briscoe Park is already buffered by the River. Staff does not support expanding the zones available to marijuana businesses at this time due to existing 2017 work plan priorities. ATTACHMENTS A. Donal Botkin's Request B. Ezra Eickmeyer's Request 56 Z: \Council Agenda Items \DCD \CDN Info Memo Buffer Changes.doc Donal Botkin and Jeanne Wood Per RCW 69.50,331(8) the board shall not issue a new marijuana lice if the proposed licensed business is within one thousand feet of the following entities. The distance will be measured as the shortest straight line betwi the property line of the potential location to the property line of t grounds of the entities listed below: • Any game arcade♦ twenty-one or older). August 18, 2016 Legend ME H F..Vk"WtW IMTVS TO.O.VA'S.M ===0 by hsk.m e M P—ad JW* WV d 0414?241 5 n,4,3 41 77— Page 1 Attachment A 57 Donal BotkIn and Jeanne Wood August 18, 2016 upgrade within the TVS zone Dear Jack Pace, This is a request to amend the existing 1502 ordinance to modify the distances from specific entities to the current LCB accepted 100 to 1000 foot rule within the TVS/Hl zone and 502 accepted areas. Specifically, we are asking that the 100+ ft between the building at 18700 south-center parkway in the TVS area and Brisco park to be acknowledged as an acceptable distance as allowed under current state provisions. The address we have submitted is within the TVS zone and i502 accepted areas for Tukwilia under current LCB distances is a approved location. We are not asking to allow usage outside the TVS/Hl area. We are supportive of the city's decision limit i502 to the TVS and HI area. W: Donal Botkin and Jeanne Wood August 18,2016 Our goal as B bUS'OeSS g[OUD is to foster C0Ol[0UDit« enrichment and t0 enhance the lives for the multiple communities and M'PCO-CU|tU[8S VV'fh�D the city ' '/ _ _ ' There are Bf least z1 ways this action will Create @positive change immediately for the city and the people nJ-[Ukm/i|ia. 1. We offer professional products and service. Weare for true Medical and recreation purposes. 2. By establish this store front we will be eliminating 8 DlEVOritv of the black market. Essentially The secondary market will not bf} able tO compete with the |e{]@| industry. ABViO[1 @ CDDf[DUer1 @CC8SS point will also P8r1U[8 Cr'D08. 3. We will be C|e8DiD{l up the SC}8Cifi8d Location ,fhe SUrrOUDr1 area and ensuring the T\/S zone develops with @ clean foundation 8Sthe zDO8 develops. OpS. Page Donal Botkin and Jeanne Wood August 18, 2016 4. Crime reductions and police protection. We strongly believe in supporting those that support us the most. We will be adding security cameras that run 24 hours, security guards and after hour property and area Checks by a security service we hire. We Also believe this will free up officers and enforcement in Tukwilia to concentrate on problem areas and criminals that are actively dangerous to citizens in the community. Executive Summary -------------------------- Mission -------------------------- Donal Botkin seeks to introduce Cannabis products and economic opportunities into the city of Tukwilia by respectfully collaborating and partnering with local, regional and state agencies. -------------------------- Service -------------------------- ff-81 Donal Botkin and Jeanne Wood August 18, 2016 We offer a retail store that allows the city to monitor cannabis activity at a low cost so that those that truly need it for medical, recreational or spiritual reasons can do so. We will provide high quality products and safety measures to those in the community so they can have more enjoyable lives. My plan is to design the store products around the medical and recreational needs of the people in the city so that the people can get what they want and need. I believe this will give those in the community that need the products a better way of living. Thank you for your time and consideration. If you have any questions please feel free to contact me @ 206-604-3664. Donal Botkin Page 5 ,Ni 62 Proposal to adjust Tukwila marijuana retail zoning To: Tukwila City Council, Staff & Planning Director From: Ezra Eickmeyer, state & local lobbyist, marijuana industry interests Contact: 360- 301 -1842, czra c glyp lj.corrr Date: 1/2/2016 Background: 1 -502, the state's 2012 voter initiative to tax and regulate marijuana, did nothing to prevent local jurisdictions from exercising full authority in regulating marijuana businesses. One of the primary intentions of 1 -502 was to eliminate crime associated with the marijuana trade and to capture all existing adult sales of marijuana into the taxed and regulated stores. In order to accomplish this goal on a statewide level, cooperation from local jurisdictions is an absolute requisite. Without retail store access in most jurisdictions with populations above 10,000, success in fully eliminating the illicit market and removing the criminal element from the marijuana trade is close to impossible. Acknowledging this fact, the Washington State Legislature passed HB 2136 in 2015 containing provisions to share a portion of the marijuana excise tax revenue with cities and counties that successfully open retail stores within their borders. The state is already receiving over $25 million per month in new revenues from the marijuana excise tax and that number will continue to grow as more and more cities work out zoning and regulations to place at least one store within their jurisdiction. Once we have captured 90% or more of the state's pre- existing illicit market, state revenues could reach $30 million per month. The Tukwila City Council created zoning that initially seemed adequate to allow for at least one retail store. However, most of the real estate made available in the city's ordinance was in a section of town with mostly warehouses. Consequently, no marijuana retail stores have been able to successfully locate in the city due to lack of available places to purchase or rent. In order for Tukwila to successfully open at least one retail store, additional real estate would need to be made available in the city. Proposal: My proposal to the city is to consider one of two options for making additional useable real estate available for opening a marijuana retail store. The first option would be to simply open an additional 1 -2 of the city's zones to marijuana retail. This would be the simplest and quickest option. I would be available to work with council and staff on exploring which zones may work the best for both the industry and the Tukwila community. Opening 1 -2 new zones for marijuana retail would provide viable real estate for at least one store to locate, opening the door to a share in the state's marijuana tax revenues while helping to further reduce crime. The second option, if the city wants to have a more targeted approach, would be to create a marijuana zoning overlay that it could use to carve out specific properties on a case -by -case basis. This would be a more complicated process and would take longer to implement, but would give council more Attachment B 63 control over the placement of retail stores. This would not be the ideal option from the industry perspective, but I would be available to assist in any way 1 could if this were to be the preferred option. Next Steps: It is my understanding that there will be a hearing on a different proposal regarding marijuana retail zoning. We appreciate the efficiency of having both proposals discussed during the same hearing and request that this proposal be added to the agenda. I am in no way connected to or in communication with the entity that made the other proposal to you in August. Councilmembers and staff are welcome to contact me anytime to discuss. Thank you so much for your consideration and I look forward to our continued dialog. Ezra Eickmeyer E &A Strategic Consulting 360- 301 -1842 ezra @olypen.com M.