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Home My WebLink AboutCDN 2018-11-27 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee O. Kate Kruller, Chair • Kathy Hougardy <> Zak Idan AGENDA TUESDAY, NOVEMBER 27, 2018 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: K. Kruller K. Hougardy Z. Idan V. Seal D. Robertson Mayor Ekberg D. Cline R. Bianchi C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An amendment to the agreement with King County for a. Forward to 12/3 Consent Pg.1 the Veterans, Seniors and Human Services levy grant. Agenda. Stephanie Gardner -Brown, Recreation Superintendent b. A contract with Reid Middleton, Inc., for structural b. Forward to 12/3 Consent Pg.31 plan review services. Agenda. Jeny Hight, Building Official c. A contract with 4LEAF, Inc., for inspection services. c. Forward to 12/3 Consent Pg.41 Jerry Hight, Building Official Agenda. d. An ordinance on the audit process related to rental d. Forward to 12/10 C.O.W. Pg.49 housing certification inspections. and Special Meeting to Nora Gierloff; Deputy Community Development Director follow that night. e. 2018 Community Development and Neighborhoods Pg.63 Committee Work Plan. e. Discussion only. Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, December 11, 2018 6. The 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. k0e0, .'rtS4Mik '41e6ti' City of Tukwila INFOR ATIONAL E ORA Allan Ekberg, Mayor TO: Community Development and Neighborhoods Committee FROM: Rick Still, Parks and Recreation Director BY: Stephanie Gardner — Brown, Parks and Recreation Analyst CC: Mayor Ekberg DATE: November 20, 2018 SUBJECT: Veterans, Seniors, and Human Services Levy Agreement Extension ISSUE Seeking authorization to extend the agreement with the King County Department of Community and Human Services Division - Veterans, Seniors, and Human Services Levy (VSHSL). BACKGROUND The VSHSL is a voter approved six -year property tax levy that envisions senior centers in King County as inclusive central hubs where diverse groups of older adults can form community and access a variety of senior programming and services. On May 29, 2018 staff was authorized, by Committee, to apply for VSHSL funding for wo purposes: 1. Address needs and trends of Tukwila's older adult populations through the development of an Older Adult Recreation and Services Needs Assessment. The assessment will approach Tukwila's older population through an equity and social justice lens to ensure all of Tukwila's older adult population is reflected. The assessment will provide recommendations for future recreation programming and services needs for Tukwila's older adult population. 2. Perform minor capital improvements at the Tukwila Community Center to update or enhance accessibility by installing automatic door opening devices into main restrooms and replacing automatic door opening devices at two primary entrances into the facility. Staff learned in July that the City would be awarded full funding, in the amount of $77,500. Staff received the King County Community and Human Services contract in late September and Mayor Ekberg was authorized to sign the agreement at the October 15, 2018 regular City Council meeting. DISCUSSION Staff has moved forward with each of the projects described above. A Request for Proposals is currently being advertised and capital improvements at the Tukwila Community Center are scheduled. Due to the timing of contracts being dispersed by King County, a contract 1 INFORMATIONAL MEMO Page 2 amendment to extend the contract has been distributed to several agencies, including the City of Tukwila. Attached is the amendment to extend the contract to March 31, 2019. Staff will return to the Community Development and Neighborhoods Committee during the first quarter of 2019 to provide regular committee updates regarding the status of the agreement, including progress on the Older Adult Recreation and Services Needs Assessment. FINANCIAL IMPACT Matching funds were not required to receive levy funding and no direct City funds will be attributed to the two projects described. RECOMMENDATION The Committee is being asked to forward the attached contract amendment to the December 3, 2018 City Council Consent Agenda authorizing Mayor Ekberg to sign the contract amendment. ATTACHMENTS A. King County Community and Human Services Contract — 6041770 B. King County Community and Human Services Contract Amendment W:\2018 Info Memos\King County Senior Levy Info Memo 11.20.18.doc 2 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 Attachment A City of Tukwila King County Department of Community and Human Services Community Services Division 206-263-9097 TTY Relay: 711 KING COUNTY COMMUNITY AND HUMAN SERVICES CONTRACT — 2017/2018 Contractor City of Tukwila Project Title City of Tukwila Older Adult Investments - Senior Center Investments Contract Amount $ 77,500 Contract Period From: 07/01/2018 To 12/31/2018 DUNS No. (if applicable) 010207504 SAM No. (if applicable) 47Z60 THIS CONTRACT No. 6041770 is entered into by KING COUNTY (the "County"), and City of Tukwila (the "Contractor") whose address is 6200 Southcenter Blvd, Tukwila, WA 98188. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $77,500 07/01/2018 - 12/31/2018 TOTAL $77,500 07/01/2018 - 12/31/2018 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements Attached hereto as Exhibit I City of Tukwila Older Adult Investments - Senior Attached hereto as Exhibit II Center Investments II. Term and Termination A. This Contract shall commence on 07/01/2018, and shall terminate on 12/31/2018, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the County or the Contractor without cause, in whole or in part, at any time during the term specified in Subsection II.A. above, by providing the other party 30 days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, at any time during the term This form is available in alternate formats upon request for persons with disabilities. Page 1 of 10 2017/2018 Contract - 6041770 3 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 specified in Subsection II,A above, by providing the Contractor 30 days advance written notice of the suspension. C. The County may terminate or suspend this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection hA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council and/or other identified funding source(s) of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. The current funding sources associated with this Contract are specified on page 1. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract and its attached exhibit(s). B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports as specified in this contract and its attached exhibit(s). If the Contractor's final invoice and reports are not submitted as specified in this contract and its attached exhibit(s), the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. City of Tukwila Page 2 of 10 2017/2018 Contract - 6041770 4 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles promulgated by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor's form of incorporation. V. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits and make the foregoing records available to the County for inspection and copying upon request. The Contractor shall provide right of access to its facilities —including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or official's at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. The Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within 10 working days of any such relocation. C. The records listed in A and B above shall be maintained for a period of six years after termination of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this City of Tukwila Page 3 of 10 2017/2018 Contract- 6041770 5 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 Contract and six years after termination hereof, unless a longer retention period is required by law. D. If applicable, medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/DCHS/contracts VIII. Audits A. If the Contractor is a non-profit organization as defined in 2 CFR Part 200, and expends a total of $750,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, then the Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. B. A Contractor, for -profit or non-profit that is not subject to the requirements in SECTION VIII. A. and receives in excess of $100,000 in funds during its fiscal year from the County, shall provide fiscal year audited financial statements prepared by an independent Certified Public Accountant or Accounting Firm within nine months subsequent to the close of the Contractor's fiscal year (if applicable, see SECTION VIII. E.). C. Non-profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of annual financial statements. D. For -profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) income tax return within 30 days of its being filed; and 2) a full set of annual financial statements. E. A Contractor that is not subject to the requirements in SECTION VIII. A. may, in extraordinary circumstances, request a waiver of audit requirements and, with the review and upon approval of the County, substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor's Board of Directors, provided the Contractor meets the following criteria: 1. That financial reporting and any associated management letter show no reportable conditions or internal control issues; and 2. There has been no turnover in key staff since the beginning of the period for which the financial reporting was completed. Audit documentation shall be sent electronically to: csdauditskinqcountv.qov City of Tukwila 6 Page 4 of 10 2017/2018 Contract - 6041770 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E. X. Dispute Resolution The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. Xl. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this City of Tukwila Page 5 of 10 2017/2018 Contract - 6041770 7 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII. Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance as described in EXHIBIT I., against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Examples of coverage types and limit City of Tukwila 8 Page 6 of 10 2017/2018 Contract - 6041770 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 requirements can be found by visiting http://www..kinocountv.00v/DCHS/contracts. Contractors shall read and provide required insurance documentation prior to the signing of this Contract. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections IV, V, VI, VII, XI A, XI B, XI G, XIII, XIV, XV, XVI, XVII, XVIII, XXIV, XXV, and XXVI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV. Nondiscrimination and Payment of a Living Wage A. The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. B. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://vvww.kingcounty.gov/DCHS/contracts. In accordance with King County Ordinance 17909, as a condition of award for contracts for services with an initial or amended value of $100,000 or more, the Contractor agrees that it shall pay and require all Subcontractors to pay a living wage as described in the ordinance, to employees for each hour the employee performs a Measurable Amount of Work on this Contract. The requirements of the ordinance, including payment schedules, are detailed at http://wvvw.kinqcounty.pov/operations/procurement/Resources/ordinance- 17909.aspx Violations of this requirement may result in disqualification of the Contractor from bidding on or being awarded a County contract for up to two years; contractual remedies including, but not limited to, liquidated damages and/or termination of the Contract; remedial action as set forth in public rule; and other civil remedies and sanctions allowed by law. City of Tukwila Page 7 of 10 2017/2018 Contract - 6041770 9 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 XV. Conflict of Interest A. The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty -free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. City of Tukwila 10 Page 8 of 10 2017/2018 Contract - 6041770 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 XVIII. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII. Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII. Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV.Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV. Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. City of Tukwila Page 9 of 10 2017/2018 Contract - 6041770 11 DocuSign Envelope ID: 62B13D7BA-F155-4441-9F6E-EF5242CA5F34 XXVI.No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVII. Contractor Certification By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the DCHS website at http://www.kingcounty.gov/DCHS/contracts and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY "--DocuSigned by: SiUkt, atA, sApit/sLi 01169COUTIT9 Executive 10/17/2018 FOR Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY CITY OF TUKWILA (--DocuSigned by: All an Ekberg Name (Please type or print) 10/16/2018 Date City of Tukwila 12 Page 10 of 10 2017/2018 Contract - 6041770 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 Insurance Authority 20-Oct-17 Cert#: 11126 King County Dept. of Community & Human Services Attn: Randy Poplock 401 Fifth Ave, Suite 510 Seattle, WA 98104 RE: City of Tukwila Minor Home Repair Program C17623 Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 160 public entities in the State of Washington. RR Box 88030 Tukwila, WA 98138 Phone: 206-575-6046 Fax: 206-575-7426 WCIA has at least $1 million per occurrence limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA was created by an interlocal agreement among public entities and liability is self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Eric B. Larson Deputy Director cc: Peggy McCarthy Laurie Anderson, Stacy Hansen clettcr City of Tukwila Page 1 of 1 2017-2018 Contract 5978579-Exh I 13 14 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 EXHIBIT II TUKWILA SENIOR PROGRAM SENIOR CENTER PROGRAM I. WORK STATEMENT The Contractor shall increase participation and inclusion, update organizational infrastructure, complete minor capital improvements and facility repairs, and provide enhanced services including referrals for King County's Property tax Exemption for older persons in accordance with the terms and conditions described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not exceed $77,500 in County funds during the period July 1, 2018 through December 31, 2018. The contract period may be extended at the discretion of King County based on its evaluation of circumstances such as a capital project that cannot be completed by December 31, 2018 due to circumstances beyond the control of the Contractor. PROGRAM DESCRIPTION A. Outcomes The senior center increases short-term stability through one-time investment that: 1. Increases senior center participation and inclusion; 2. Updates Organizational Infrastructure; 3. Maintains the Center's facility through maintenance or minor capital projects; and/or; 4. Sustains or Enhances senior center programming without creating ongoing funding requirements. B. Indicators 1. Formulate and implement strategies to increase participation and inclusion of previously underserved groups. 2. Complete capital investment projects to enhance or maintain the facility as described in the Request for Qualifications (RFQ) application. 3. Market, educate participants, refer and have available applications for the King County Property Tax Exemption program. C. Eligibility This contract's funding must be used to provide capital and/or regional health and human services for persons who are 55 years old or older or their caregivers. King County encourages particular focus on older adults who live on low -incomes, who are people of color, who are geographically, physically, culturally, or linguistically isolated, or whose primary language is not English. No otherwise eligible person may be Tukwila Senior Program Page 1 of 5 2018 Contract #6041770-Exh II 1 5 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 required to pay to receive services or access facilities funded by this contract, although contractors may provide the opportunity for persons to provide donations. D. Definitions 1. "Sustain or Enhance Programming" means investments that will extend operations of or enhance basic services such as Health Promotion, Wellness and Fitness; Education, Recreation, Socialization; Social Work Services and Outreach Activities. Social work services include assistance provided by, or under the supervision of a qualified social worker including one-on-one counseling, home visits, and group sessions to older adults or caregivers. 2. "Increase Participation and Inclusion" means obtaining the participation of new and more diverse older adults such as underserved, homeless, homebound, isolated, rural or marginalized older adult populations and caregivers or those with mobility issues. It may include a variety of strategies to locate, recruit older adults or assess the best strategies to accomplish increased participation and inclusion of older adults residing in their service area, but not currently participating in at the senior center. 3. "King County Property Tax Exemption Outreach" for King County senior citizens is defined as marketing, educating participants, making referrals to the King County Assessor's Office and having available applications for low income older adults to apply for a reduction in property taxes. 4. "Legal Counseling" is defined as activities delivered by volunteer attorneys, trained legal interns, or other trained volunteers to provide clients with individual or group education, information, or advice on legal issues. 5. "Minor Capital Investments" to Enhance or Maintain the Facility means repairs, physical improvements, maintenance, vehicle repairs, or equipment purchases not exceeding $49,999. A variety of projects and/or purchases may be proposed under this category. 6. "Partnerships with Small Nutrition Sites" means senior center's establishing a relationship with nutrition sites that do not meet the definition of senior center and to foster a relationship between the two agencies, enhance services available at the small nutrition site(s) such as expanded programming, increased days of operation and assistance to connect participants to the broader network of services available to older adults in King County. 7. "Schedule of Activities" is defined as a list that shows the names, dates and times of activities and programs offered specifically targeting and without charge to individuals age 55 and older. 8. "Senior Center Survey" is defined as a measurement tool designed to assess whether senior center participants received benefit and/or saw positive changes in their lives as a result of attending the senior center. Tukwila Senior Program 16 Page 2 of 5 2018 Contract #6041770-Exh II DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 9. "Small Nutrition Site" means an agency listed in Attachment 2, Aging and Disability Services Congregate Nutrition Sites, that does not provide qualifying services for seniors three days a week for a minimum of 15 hours a week. 10. "Transportation Services" are defined as activities to provide mobility to clients by means of providing transportation directly, collaborating with organizations that provide transportation, or assisting clients to access transportation when they cannot drive. 11. "Update Organizational Infrastructure" means developing, maintaining or repairing the organization's systems, staff capacity and information technology infrastructure that allows the senior center to function well and effectively and efficiently serve seniors. E. Program Requirements 1. Minimum Performance Requirements The Contractor shall meet the following minimum performance requirements during the term of this Exhibit and shall complete the reporting requirements set out in Section IV of this Exhibit: a. Increase senior center participation and inclusion: Contract with professional agency to design and manage a senior services needs assessment to provide goals and strategies that enhance and improve recreational and other services for older adults offered in Tukwila. The assessment will identify communications and outreach strategies to target ethnic groups with the goal of increasing participation and inclusion of diverse communities of older adults at the senior center; A number of approaches may be used to maximize information gathered through the needs assessment such as translation of materials, collaborating with partners to reach out to diverse populations including senior housing facilities, hosting special events and meetings with translators, or providing transportation services to facilitate attendance; and, iii. The needs assessment will provide guidance for future programming to improve quality of life and overall health of older adults in Tukwila. b. Implement minor capital investments to enhance or maintain the facility including: Installation of two sensor -operated automatic doors in the community center; and, ii. Installation of automatic door openers in two restroo s to assist individuals experiencing mobility issues. Tukwila Senior Program Page 3 of 5 2018 Contract #6041770-Exh II 1 7 DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 c. Provide King County Property Tax Exemption Outreach to older adults including the following services: Agency shall publicize and provide information to older adults participating at the senior center about the availability of the King County Senior Property Tax Exemption; ii. Agency shall have paper applications for the senior property tax exemption available to interested individuals; iii. Agency shall provide interested seniors with referral information on how to contact King County Assessor and apply for the senior property tax exemption; and, iv. Agency will include the number of individuals referred to the King County Assessor's office in their monthly report. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Package 1. The Contractor shall submit a Billing Invoice Package (BIP) monthly that consists of an invoice statement, receipts and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format and method approved by the County. The Billing Invoice Package is due within ten working days after the end of each month. 2. A hard copy of the invoice statement shall be submitted with original signatures. Accompanying reports as stated in Section IV. shall be submitted electronically. B. Method of Payment 1. The monthly payment for Contractor expenses incurred for Updating Organizational Infrastructure and implementing Capital Improvements and Minor Facility Repairs shall be made upon submission of documentation of actual cost of equipment, labor, and services. Reimbursement for these expenses shall not exceed: $20,000. 2. The monthly payment schedule for Increased Participation, Enhanced Programming and King County Property Tax Exemption Outreach shall be: July — November 2018 $9,583 December 2018 $9,585 Reimbursement for these services shall not exceed: $57,500. 3. Reimbursement for this contract shall not exceed: $77,500. Tukwila Senior Program 18 Page 4 of 5 2018 Contract #6041770-Exh II DocuSign Envelope ID: 62BBD7BA-F155-4441-9F6E-EF5242CA5F34 4. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide services funded under this Exhibit. The Contractor agrees to renegotiate performance requirements if the County determines that such changes are substantial. 5. Payment to the Contractor may be withheld for any month in which the Contractor has not submitted the contractually required reports. IV. REPORTING AND EVALUATION REQUIREMENTS The Contractor shall submit the following reports electronically in a format and method approved by the County: A. Narrative Report, in a format approved by the County, identifying which of the services specified in Section II.D.1., Minimum Performance Requirements, the Contractor provided with each monthly invoice. The number of individuals referred to the King County Assessor's Office will be included in this report; B. Agencies that received funds for Minor Capital Investments will include in their monthly updates progress made towards completion of their capital projects and purchases; C. Contractor shall report to the County by December 10, 2018 on the progress of any capital projects and indicate whether the project(s) will be completed by December 31, 2018. An extension to the contract for the purpose of completing the project(s) can be considered at that time; D. A monthly schedule of activities and programs shall be submitted with the Narrative Report identifying names, dates and times of activities and programs offered specifically targeting and without charge to individuals age 55 and older; E. The six-month Senior Center Participant Report, Attachment B, on unduplicated participants for the contract period July 1, 2018 — December 31, 2018. It will include cumulative data on referrals make to the King County Assessor's Office for Property Tax Exemptions; and, F. A six-month narrative report that shall describe the specific results of each of the services specified in Section II.D.1., Minimum Performance Requirements, and how each of those services increased the senior center's short-term stability. Tukwila Senior Program Page 5 of 5 2018 Contract #6041770-Exh II 1 9 20 DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 Attachment B King County Department of Community and Human Services Community Services Division (206) 263-9105 TTY Relay: 711 CONTRACT AMENDMENT DCHS / CSD / Seniors Levy Project/Exhibit(s) II - City of Tukwila Older Adult Investments - Senior Center Investments Contractor City of Tukwila Address 6200 Southcenter Blvd Tukwila, WA 98188 Contract No. 6041770 Original Contract Date 07/01/2018 Amendment No. 1 Amendment Start Date 11/08/2018 Amendment Requested By: Community Services Division Scott Ninneman / (206) 263-9072 Amendment Effects: Scope of Service X Time of Performance Compensation Method of Payment PURPOSE The City of Tukwila Older Adult Investments -Senior Center Investments Program will be extended through March 31, 2019. A. STANDARD CONTRACT CHANGES Change funding table as follows: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $77,500 07/01/2018 - 12/31/2018 TOTAL $77,500 07/01/2018 - 12/31/2018 B. EXHIBIT CHANGES WORK STATEMENT The Contractor shall increase participation and inclusion, update organizational infrastructure, complete minor capital improvements and facility repairs, and provide enhanced services including referrals for King County's Property tax Exemption for older persons in accordance with the terms and conditions described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not exceed $77,500 in County funds during the period July 1, 2018 through March 31, 2019. The contract period may be extended at the discretion of City of Tukwila Page I of 2 2018 Contract Amendment - 6041770 21 DocuGignEnvelope ID: oFaBD4sB'oB*7-4E84-9BCo'euOO*CgBB1sa King County based onits evaluation ofcircumstances such eoacapital projectthat cannot be completed by December 31, 2018 due to circumstances beyond the control of the Contractor. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first above written. KING COUNTY City of Tukwila King County Executive Signature Stephanie Gardner [}ate NAME (Please type orprint) 22 City of Tukwila Page zofz 200Contract Amendment -6m1n0 oonuSignEnvelope ID: DFRBD46B-DBA7-4EO4-9BCD-B208AC9BB1o3 WASHINGTON SCHOOLS RISK K8A0&GEK8E0T POOL Evidence ofCoverage ~~ This Evidence of Coverage is issued as a matter of information only and confersno rightsuponthe evidence holder. This evidence does not amend, extend or alter the coverage afforded by the coverage agreement below and bsubject to all the terms, exclusions and conditions ofsuch coverage agreement. This is to certify that the coverage listed below has been issued to the named Covered Member for the period indicated. As a statutorily authorized and self -funded public entity interlocal cooperative among school and educational service districts, there is no insurance policy involved. Because WSRMP is not an insurance company, we cannot grant "additional insured" status (WAC 200-100-02005 and 02007). Coverage Afforded By. ^ Covered Member: Washington Schools Risk Management Pool POBox 887OD Tukwila, yVA9813Q'27OD Tukwila School District 4640 5144thSt Tukwila, WA 98168 K4wrnber#: 17406 Coverage Agreement COV2Q18-2D19 Coverage Period: September %,2O1Bthrough August 31,201G Effective Date of'Evidence ofCoverage: September 1.2O18 Expiration Date ofEvidence ofCoverage: August 31,2Q19 Limits Available General Liability: $1,800,000 —~�— Limits Available Property: Limits Available Auto Liability: $l000��0U ~~- Description of ,-- - ` _ Activities under the direct supervision ofDistrict personnel asrespects coverage period September 1.Z0lQthrough August 31�2OI9. - Evidence of Coverage Holder: Issue Date: August 1, 2018 ToWhom |t May Concern Aut��ze�5dSZ2-- Cancellation: Should the above described coverage agreement uecancelled before the expiration date, monmpwill send ondays written notice to the evidence of coverage holder named above. (D2018 Washington Schools Risk Management Pool 23 24 DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 EXHIBIT II TUKWILA SENIOR PROGRAM SENIOR CENTER PROGRAM I. WORK STATEMENT The Contractor shall increase participation and inclusion, update organizational infrastructure, complete minor capital improvements and facility repairs, and provide enhanced services including referrals for King County's Property tax Exemption for older persons in accordance with the terms and conditions described hereinafter. The total amount of reimbursement pursuant to this Exhibit shall not exceed $77,500 in County funds during the period July 1, 2018 through December 31, 2018. The contract period may be extended at the discretion of King County based on its evaluation of circumstances such as a capital project that cannot be completed by December 31, 2018 due to circumstances beyond the control of the Contractor. II. PROGRAM DESCRIPTION A. Outcomes The senior center increases short-term stability through one-time investment that: 1. Increases senior center participation and inclusion; 2. Updates Organizational Infrastructure; 3. Maintains the Center's facility through maintenance or minor capital projects; and/or; 4. Sustains or Enhances senior center programming without creating ongoing funding requirements. B. Indicators 1. Formulate and implement strategies to increase participation and inclusion of previously underserved groups. 2. Complete capital investment projects to enhance or maintain the facility as described in the Request for Qualifications (RFQ) application. 3. Market, educate participants, refer and have available applications for the King County Property Tax Exemption program. C. Eligibility This contract's funding must be used to provide capital and/or regional health and human services for persons who are 55 years old or older or their caregivers. King County encourages particular focus on older adults who live on low -incomes, who are people of color, who are geographically, physically, culturally, or linguistically isolated, or whose primary language is not English. No otherwise eligible person may be Tukwila Senior Program Page 1 of 5 2018 Contract #6041770-Exh II 25 DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 required to pay to receive services or access facilities funded by this contract, although contractors may provide the opportunity for persons to provide donations. D. Definitions 1. "Sustain or Enhance Programming" means investments that will extend operations of or enhance basic services such as Health Promotion, Wellness and Fitness; Education, Recreation, Socialization; Social Work Services and Outreach Activities. Social work services include assistance provided by, or under the supervision of a qualified social worker including one-on-one counseling, home visits, and group sessions to older adults or caregivers. 2. "Increase Participation and Inclusion" means obtaining the participation of new and more diverse older adults such as underserved, homeless, homebound, isolated, rural or marginalized older adult populations and caregivers or those with mobility issues. It may include a variety of strategies to locate, recruit older adults or assess the best strategies to accomplish increased participation and inclusion of older adults residing in their service area, but not currently participating in at the senior center. 3. "King County Property Tax Exemption Outreach" for King County senior citizens is defined as marketing, educating participants, making referrals to the King County Assessor's Office and having available applications for low income older adults to apply for a reduction in property taxes. 4. "Legal Counseling" is defined as activities delivered by volunteer attorneys, trained legal interns, or other trained volunteers to provide clients with individual or group education, information, or advice on legal issues. 5. "Minor Capital Investments" to Enhance or Maintain the Facility means repairs, physical improvements, maintenance, vehicle repairs, or equipment purchases not exceeding $49,999. A variety of projects and/or purchases may be proposed under this category. 6. "Partnerships with Small Nutrition Sites" means senior center's establishing a relationship with nutrition sites that do not meet the definition of senior center and to foster a relationship between the two agencies, enhance services available at the small nutrition site(s) such as expanded programming, increased days of operation and assistance to connect participants to the broader network of services available to older adults in King County. 7. "Schedule of Activities" is defined as a list that shows the names, dates and times of activities and programs offered specifically targeting and without charge to individuals age 55 and older. 8. "Senior Center Survey" is defined as a measurement tool designed to assess whether senior center participants received benefit and/or saw positive changes in their lives as a result of attending the senior center. Tukwila Senior Program 26 Page 2 of 5 2018 Contract #6041770-Exh II DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 9. "Small Nutrition Site" means an agency listed in Attachment 2, Aging and Disability Services Congregate Nutrition Sites, that does not provide qualifying services for seniors three days a week for a minimum of 15 hours a week. 10. "Transportation Services" are defined as activities to provide mobility to clients by means of providing transportation directly, collaborating with organizations that provide transportation, or assisting clients to access transportation when they cannot drive. 11. "Update Organizational Infrastructure" means developing, maintaining or repairing the organization's systems, staff capacity and information technology infrastructure that allows the senior center to function well and effectively and efficiently serve seniors. E. Program Requirements 1. Minimum Performance Requirements The Contractor shall meet the following minimum performance requirements during the term of this Exhibit and shall complete the reporting requirements set out in Section IV of this Exhibit: a. Increase senior center participation and inclusion: Contract with professional agency to design and manage a senior services needs assessment to provide goals and strategies that enhance and improve recreational and other services for older adults offered in Tukwila. The assessment will identify communications and outreach strategies to target ethnic groups with the goal of increasing participation and inclusion of diverse communities of older adults at the senior center; A number of approaches may be used to maximize information gathered through the needs assessment such as translation of materials, collaborating with partners to reach out to diverse populations including senior housing facilities, hosting special events and meetings with translators, or providing transportation services to facilitate attendance; and, iii. The needs assessment will provide guidance for future programming to improve quality of life and overall health of older adults in Tukwila. b. Implement minor capital investments to enhance or maintain the facility including: Installation of two sensor -operated automatic doors in the community center; and, ii. Installation of automatic door openers in two restrooms to assist individuals experiencing mobility issues. Tukwila Senior Program Page 3 of 5 2018 Contract #6041770-Exh II 27 DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 c. Provide King County Property Tax Exemption Outreach to older adults including the following services: Agency shall publicize and provide information to older adults participating at the senior center about the availability of the King County Senior Property Tax Exemption; ii. Agency shall have paper applications for the senior property tax exemption available to interested individuals; iii. Agency shall provide interested seniors with referral information on how to contact King County Assessor and apply for the senior property tax exemption; and, iv. Agency will include the number of individuals referred to the King County Assessor's office in their monthly report. III. COMPENSATION AND METHOD OF PAYMENT A. Billing Invoice Package 1. The Contractor shall submit a Billing Invoice Package (BIP) monthly that consists of an invoice statement, receipts and other reporting requirements as stated in Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format and method approved by the County. The Billing Invoice Package is due within ten working days after the end of each month. 2. A hard copy of the invoice statement shall be submitted with original signatures. Accompanying reports as stated in Section IV. shall be submitted electronically. B. Method of Payment 1. The monthly payment for Contractor expenses incurred for Updating Organizational Infrastructure and implementing Capital Improvements and Minor Facility Repairs shall be made upon submission of documentation of actual cost of equipment, labor, and services. Reimbursement for these expenses shall not exceed: $20,000. 2. The monthly payment schedule for Increased Participation, Enhanced Programming and King County Property Tax Exemption Outreach shall be: July — November 2018 $9,583 December 2018 $9,585 Reimbursement for these services shall not exceed: $57,500. 3. Reimbursement for this contract shall not exceed: $77,500. Tukwila Senior Program 28 Page 4 of 5 2018 Contract #6041770-Exh II DocuSign Envelope ID: DF8BD46B-DBA7-4E84-9BCD-B208AC9BB153 4. The Contractor shall advise the County quarterly of any changes in revenues from sources other than the County that are used to provide services funded under this Exhibit, The Contractor agrees to renegotiate performance requirements if the County determines that such changes are substantial. 5. Payment to the Contractor may be withheld for any month in which the Contractor has not submitted the contractually required reports. IV. REPORTING AND EVALUATION REQUIREMENTS The Contractor shall submit the following reports electronically in a format and method approved by the County: A. Narrative Report, in a format approved by the County, identifying which of the services specified in Section II.D.1., Minimum Performance Requirements, the Contractor provided with each monthly invoice. The number of individuals referred to the King County Assessor's Office will be included in this report; B. Agencies that received funds for Minor Capital Investments will include in their monthly updates progress made towards completion of their capital projects and purchases; C. Contractor shall report to the County by December 10, 2018 on the progress of any capital projects and indicate whether the project(s) will be completed by December 31, 2018. An extension to the contract for the purpose of completing the project(s) can be considered at that time; D. A monthly schedule of activities and programs shall be submitted with the Narrative Report identifying names, dates and times of activities and programs offered specifically targeting and without charge to individuals age 55 and older; E. The six-month Senior Center Participant Report, Attachment B, on unduplicated participants for the contract period July 1, 2018 — December 31, 2018. It will include cumulative data on referrals make to the King County Assessor's Office for Property Tax Exemptions; and, F A six-month narrative report that shall describe the specific results of each of the services specified in Section II.D.1., Minimum Performance Requirements, and how each of those services increased the senior center's short-term stability. Tukwila Senior Program Page 5 of 5 2018 Contract #6041770-Exh II 29 30 City of Tukwila INFOR ATIONAL E ORANDU Allan Ekberg, Mayor Jack Pace, Director TO: Community Development & Neighborhood Committee FROM: Jack Pace, Director of the Department of Community Development BY: Jerry E Hight, Building Official DATE: November 27, 2018 SUBJECT: Contract for Reid Middleton Inc. for structural plan review services ISSUE Should council approve a contract to continue current structural plan review services with Reid Middleton Inc. with a not to exceed amount of $200,000.00 through the 2019/2020 budget. A new contract is needed because the current contract with Reid Middleton Inc. expires on 12/31/2018. BACKGROUND Due to the increase in ongoing permit activity and larger projects such as Tukwila School district projects, Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to continue to have an outside building inspection service with Reid Middleton Inc. DISCUSSION The current Building Division staff does not have the expertise to review structural engineering calculations or plans. The Building Division has previously contracted our structural plan reviews successfully with Reid Middleton Inc. FINANCIAL IMPACT $200,000.00 for professional service until the end of the 2019/2020 budget. As permits for construction increases so does the amount of fees collected and paid for outside structural plan review. RECOMMENDATION Staff recommends the contract for Reid Middleton Inc. structural plan review services be placed on the December 3, 2018 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for Reid Middleton Inc. structural plan review services. 31 32 Contract Number: City of Tukwila 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 Reid Middleton Inc., hereinafter referred to as "the Contractor," whose principal office is located at 72 : 134th Street SW, Suite 200 Everett, WA 98204 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. Sco - 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. Compe sation 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 $200,000.00. 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 2, 2019, and ending December 31, 2020, 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 December 2016 Page 1 of 4 33 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, 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 Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV42411Ethen, 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 Public Entity, 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. X��ummncm' The Contractor shall procure and maintain for the duration of the Agreement, insurance against| i for ` injuries to persons or damage to propertywhich may arisefrom 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. M0n&nm`` of Insurai ice. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a niDhmunn 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 /|8O form CA OQ 01 or 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. each occurrence, $2,000.000 general aggregate and $2 OOO.00O prod ucto-cornp|eted operations aggregate limit. Connrnencim| General Liability insurance shall he as least at brood as ISO occurrence form [G OO 01 and shall c0Vo[ liability arising from prem|oee, oparabUOo, independent contractors, prod ucts'oonnp|eted oparafiOns, stop gap |iabi/ity, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or on equivalent endorsement. There ahm|| be no exclusion for liability arisingfrom exp|QsioO, collapse or underground property damage. The City shall be named as an additional 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 70 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing atleast aabroad coverage. 3. Workers' Compensation coverage oorequired bvthe Industrial Insurance laws of the State of CARevised December 2O1G Page 2nf4 34 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. 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 Main .on 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 Keepin an eporting. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 4 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 , 2018. CITY OF TUKWILA B Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CONTRACT° David B. Swanson, Princip,le a,I Reid Middleton 728 134th Street SW, Suite 200 Everett, WA 98204 425-741-3800 CA Revised December 2016 Page 4 of 4 36 E IBIT "A" CITY OFT WILA 2019-2020 Scope and Schedule of Services The objective of this Agreement is to provide structural code compliance plan review by Reid Middleton (Consultant) for proposed new and remodeled buildings within the City of Tukwila (the City) as specifically requested in writing by the Building Official or his designee. The consultant shall perform services and provide necessary equipment, materials and professionally trained, licensed, and experienced personnel to accomplish the plan review. On behalf of the Department of Community Development - Building Division, the consultant will perform structural plan review to establish compliance with the structural provisions of the International Building Code as amended by the State and as adopted by the City of Tukwila. During the plan review process, the Consultant may contact the permit applicant directly to request submission of additional information to the city. The Consultant will keep a written record of this communication in the project file. Upon completion of each plan review, the Consultant will furnish a summary plan review letter directly to the Building Official and a copy to the permit applicant outlining discrepancies in the plans, reports, and/or calculations (as applicable). The Consultant will perfoiiii follow-up plan reviews as required to confirm that plans have been corrected adequately to address comments in the original plan review. In these instances, the Consultant will furnish additional letters directly to the Building Official and a copy to the permit applicant summarizing the results of the review. When the Consultant is satisfied that the proposed structural work is in compliance with the structural provisions of the Building Code, the Consultant will issue a final letter stating that there are no further comments. The plan review services for each permit applicant will be treated as an individual project, the Consultant will track associated labor and material costs according to each project and invoice the City accordingly. The consultant will invoice the City prior to the 10th of each month. The City may need other structural engineering services throughout the term of the on -call agreement. For these instances, the Consultant will perform structural engineering services as mutually agreed to by both parties. The scope of work, fee, and schedule for the additional structural engineering services will be defined and negotiated at the time the additional work is requested. 37 The City, in entering into this agreement, does not guarantee that any services will be requested nor guarantee any specific dollar amount of work during the term of this Agreement. The City shall respond to the consultant's telephone or E-mail inquiries concerning interpretation of City Standards within three (3) working days. The Consultant shall complete the specified work generally within (15) calendar days of written notification by the City. (Large and/or complex projects may take longer to review but require concurrence by City of time extension). The Consultant shall perform work described in this Agreement in accordance with the latest edition and amendments to the Washington State Building Code as adopted and amended by the City of Tukwila. The City shall administer issuance of building permits and certificates of occupancy. The Consultant will assume no responsibility for proper on -site construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with approved plans, contract documents, and permit conditions. Corrections or comments made during the review process do not relieve the project proponent or designer from compliance with requirements of codes, conditions of approval, or permit requirements. Nor is the designer relieved of responsibility for a complete design in accordance with the laws of the State of Washington. 38 Reid Middleton, Inc. Exhibit "B" Schedule of Charges Effective January 2019 through December 31, 2020 City of Tukwila Plan Review I. Personnel Hourly Rate Principal...... . . .... ...... ..... .. .... ........... ... ......... ..... .......... ................................. . . ... $ 205.00 - $ 260.00 Principal Engineer/Principal Planner/Principal Surveyor . $ 205.00 - $ 250.00 Senior Engineer/Senior Planner/Senior Surveyor $ 180.00 - $ 205.00 Project Engineer/Project Designer/Project Surveyor/Project Planner.. $ 140.00 - $ 175.00 Design Engineer/Designer IT/Design Technician/Survey Crew Chief' Technical Writer II/ Graphic Designer II $ 115.00 - $ 140.00 Designer I/Planner/CAD Technician II . $ 105.00 - $ 125.00 $ 100.00 - $ 120.00 grxtc,FeActilgiigasntriagur _... __. _.. _ _.,... . rvey—TeChnician/Technician/TechniCal Writer I $ 90.00 - $ 110.00 Survey Crew 1 Person/RTK/Robotic/Scanning) ....... ...... .............. . . . ..... ... . .. .... $ 135.00 Survey Crew 2 Person/RTK/Robotic/Scanning).............. ....... .... .. ........ ...... . $ 185.00 Survey Crew 3 Person/ RTK/Robotic/Scanning)............... . . ......... $ 235.00 Expert Witness/Forensic Engineering 1 5 times usual hourly rate (4 hour minimum) Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific roject requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel. A premium may be charged if project requirements make overtime work necessary. II. Equipment Rate Design Software/Computer Aided Drafting . ................. ......................... ................... . $ 12.00/hour III. Reimbursable Expenses Local Mileage - Automobile $ 0.545/mile Local Mileage - Survey Truck $ 0 65/mile Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses include, but are not limited to, subconsultant or subcontractor services, travel and subsistence, communications, couriers, postage, fees and perrnits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and other costs directly applicable to the project. A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work, including continuing projects initiated in prior years, will be based on the latest schedule of charges. IV. Client Advances Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to advance any of these costs in the interest of the project, the amount of the advance, plus a fifteen percent administrative fee, shall be paid by the client upon presentation of an invoice therefore. HAFORMS \EXHIBITS \2018-A Tukwila 2019-2020.doc Reid iddleton 39 40 City of Tukwila INFORMATIONAL E ORANDU Allan Ekberg, Mayor Jack Pace, Director TO: Community Development & Neighborhood Committee FROM: Jack Pace, Director of the Department of Community Development BY: Jerry E Hight, Building Official DATE: November 27, 2018 SUBJECT: Contract for 4Leaf Inc. inspections services ISSUE Should council approve a contract to continue current building inspections services with 4Leaf Inc. with a not to exceed amount of $200,000.00 through the 2019-2020 budget. A new contract is needed because the current contract with 4Leaf Inc. expires on 12/31/2018. BACKGROUND Due to the increase in ongoing permit activity and larger projects such as Tukwila School district projects, Tukwila Village, Quail Park senior housing project, and Boeing, it will be necessary to continue to have an outside building inspection service with 4Leaf Inc. The Building Division has used the building inspections services of 4Leaf Inc. to maintain a 24-hour inspection turnaround time. DISCUSSION Currently we have many highly technical, complex commercial and industrial projects in view such as the three story 145-unit Quail Park senior housing community, Tukwila School district projects including a two- story addition to Foster High School, five story 125-unit Tukwila Village SHAG project (Building B), seven story 166-unit Sterling Southcenter, and numerous other upcoming projects. Many of these projects are once in a decade projects. These in addition to a continues flow of Boeing and Westfield Southcenter permits. Staff is working at maximum proficiency to accommodate the current workload. However, when all of the above projects are fully engaged, they will demand additional time for daily inspections, plan revisions, and staff will not be able to handle the workload. Building inspections services of 4Leaf Inc. are needed to insure the projects are in compliance with all codes and are safe for our citizens. FINANCIAL IMPACT $200,000.00 for professional service until the end of the 2019/2020 budget. As permits for construction increases so does the amount of fees collected and paid for outside inspection services. RECOMMENDATION Staff recommends the contract for 4Leaf Inc. building inspection services be placed on the December 3, 2018 Full Council, Consent Agenda for approval. ATTACHMENTS Contract for building inspections services with 4Leaf Inc. 41 42 �� City ��x Tukwila CONTRACT FOR SERVICES Contract Number: This Agreement ioentered into bvand between the City of Tukwila,Washington, anon -charter optional municipal code city hereinafter referred to as "the City," and 4Leaf Inc., hereinafter referred to as "the Contractor," whose principal office is located at 2126 Rheem Drive, Pleasanton, CA 94588. 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 tohave the Contractor perform such services pursuant tocertain 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 per -forming 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 tobepaid shall not exceed $2OO,OOD.OD atarate Vf$82.SOper hour. 3. Contractor Bud4et. The Contractor aheU apply the funds received under this /Agreement within the /noxjnlurn Unnito 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 Aqreement. This Agreement shall bmin full force and effect for a periodnnmmenoing January 2, 2019. and ending December 31. 2020. unless sooner terminated under the provisions hereinafter specified. �i Independent Contractor. Contractor and City agree that Contractor ksanindependent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship ofemployer 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 tothe State Industrial Insurance ProgranO, or otherwise assuming the duties of an employer with respect to the Contractor. orany employee Ofthe Contractor. CA Revised December 2Ol6 pa0olof4 43 G. Indemnification. The Contractor shall defand, indemnify and hold the Public Entitv, its officers, officials, employees and volunteers harmless from any and all claims, injuries, ' damages, losses OFsuits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused bythe sole negligence ofthe Public Entity. Should a court of competent jurisdiction determine that this Agreement is subject to RCVV4.24.115, 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 Public Entity, 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 o|ainng for injuries to persona or damage to property which may arise from or in connection with the performance of the work hereunder by the {}nntr8oto[, their agents, Fepraoentotives, 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 ofthe types and with the limits described below: 1. AutomobileUobi|ity insurance with e minimum combined single limit for bodily 'injury and property damage of$1.0O0,0OO per accident. Automobile U8bUhv insurance ohoU cover all owned, non -owned, hired and ]eased vehicles. Coverage shall be written on Insurance Services Office (|S(]) form CA OO 01 or o substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed toprovide contractual liability coverage. 2. Commercial General Liabilitv insurance with limits no less than $1 OOO000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-co rn pleted operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, prod u cts-corn pleted 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 a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional 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 at least as broad coverage. 3. Workers' Compensation coverage aarequired bVthe Industrial Insurance laws ofthe State nf Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Cnnnrnendo| General Liability insurance policies are to contain or be endorsed to contain that they ohoU be primary |UaVrenca with respect to the City. Any iDaur8nce, oe1f-inouronce, or insurance pool coverage maintained bythe City shall beexcess ofthe Contractor's insurance and shall. not contribute with it, C. Acceptability ofInsurers. Insurance is tobeplaced with insurers with a cunentA.M. Best rating 44 D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endnrsSmmnto, including but not naoenoah|y limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor U8fuFe oonOrneno8nnent Of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance po||o|eS, including eAdQnoennarts, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. The Contractor aho|| have nO|e responsibility for determining the insurance noyanaga and limits reqU|red, if any, to be obtained by subcontractors, which determination shall be made 1naccordance 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 ofany policy cancellation, within two business days oftheir receipt ofsuch 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 neconjo, 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 tUdestroy them isgranted bythe office ofthe archivist inaccordance with RCVVChapter 4O.14and bythe City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall besubject atall times toinspection, review oraudit bylaw during the performance 0f this Agreement. 10.Termination. This Agreement may atany time beterminated bythe City giving tothe Contractor thirty (30) days written notice of the <�ity'e intention to terminate the San?e. 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 tothe work performed by itunder this Agnaennent, will not discriminate onthe grounds ofrace, reUOkon, oreod, oo|or, national origin, age, veteran stetua, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention ofemployees o(procurement ofmaterials nr 12.Assjgnnnent and Subcontract. The Contractor ahoU not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13.Eotire Aqreenlent; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotietin;e, repreaentaUons, or agreements written or oral. No amendment or modification ofthis Agreement 'shall be ofany force oreffect unless it is in writing and signed bythe parties. 45 14. Sevenabi|itV and Sun/k/ei If tern1, 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 ofthis Agreement, which by their sense and context are reasonably intended tosurvive the completion, expiration orcancellation ofthis Agreement, shall survive termination nfthis Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of la Tukwila, Washington Q8188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16,App|ioab/e Law; Venue; Att»rnev's Foes. This Agreement shall be governed by and construed in accordance with the |aVvo of the State of Washington. In the event any suit, orbitration, 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 CouDty, Washington. The prevailing party in any such action shall beentitled tUits 8ttorney'Sfees and costs Vfsuit. CITY [FTDKWILA CONTRACTOR DATED this day of 12018. Allan Ekberg, Mayor � ATTEST/AUTHENTICATATTEST/AUTHENTICATED: City Clerk, Christy O`Flu6mty APPROVED AS TO FORM: Office of the City Attorney By- '� /m/1 1 � V Printed Name and Title: Gene Barry, P.E. Vice �,�Q Address: 4LEAF,INC. 2l26fUzeenzDrive Pleasanton, CA 04588 (925)462'5959'Otfioo (925)58O'4O55—Cell Q\Revised December 201G Page of4 46 EXHIBIT "A" CITY OF TUKWILA 2019-2020 Scope and Schedule of Services 4LEAF, INC. Gene Barry P.E., Vice President 2126 Rheem Drive Pleasanton, CA 94588 (925) 462-5959 - Office (925) 580-4055 — Cell Thomas J. Ushing C.B.O. Building and Safety Manager 1201 Pacific Avenue, Suite 600 Tacoma WA, 98402 tushing@4leafinc.com (253) 360-328-6487 A. PURPOSE The purpose of this contract is to provide building inspections services on an as needed/on-call basis to the City of Tukwila. The City's intent it to improve customer service by supplementing the City's existing resources to increase service options. B. SCOPE OF SERVICES The selected Consultant shall provide building and safety services as requested by the City. Such services shall including enforcement of the City's building laws and codes and all applicable State Code; review of construction drawings to assure compliance with City and State adopted laws and code; interfacing with permit applicants and City staff; and conducting inspections. Specific projects may include residential or non-residential projects. Any single job may require one or subsequent reviews of submitted plans. Type of proposed plan check work may include new construction, remodel, additions, plumbing, mechanical and public nuisance abatement. 1. PLAN REVIEW SERVICES (N/A) 2. BUILDING INSPECTION SERVICES Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City's Building Laws and the Code requirements set forth on the approved plans for which a permit was issued. In the performance of such duties Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City and State code. Upon request of the City, building inspector may assist City staff with building code enforcement. Consultant assistance is limited to identifying potential building code enforcement issues in progress and helping to generate proper documentation. All actual enforcement actions to be undertaken by City staff. 3. PLAN CHECK RELATED MEETINGS (N/A) 4. BUILDING CODE QUESTIONS (N/A) 47 EXHIBIT "B" CITY OF TUKWILA 2019-2020 Compensation and Method of Payment 4LEAF, INC. Gene Barry P.E., Vice President 2126 Rheem Drive Pleasanton, CA 94588 (925) 462-5959 - Office (925) 580-4055 — Cell Thomas J. Ushing C.B.O. Building and Safety Manager 1201 Pacific Avenue, Suite 600 Tacoma WA, 98402 tushing@Aleafinc.com (253) 360-328-6487 Inspection Services Commercial Building Inspector (Building Inspector III) .......... ......................$82,50 hour Overtime.. ..... ........... . . ... .............. .. .. . . $1.5X hourly rate Consultant's Building Inspector will be billed out at the Commercial Building Inspector (Inspector II) rate of $82.50fhr. - Review by Engineer must be authorized in advance via email by City of Tukwila. • Overtime must be authorized by the City of Tukwila via email prior to being incurred. • Commercial building inspector rates apply for commercial building, plumbing and mechanical inspections, and inspections of multi -family residential (more than two dwelling units per building) • Residential building inspector rates apply for residential building, plumbing and mechanical inspections • Inspections services will be charged based on the actual inspection, not the staff assigned by the consultant. For example, if consultant sends a senior combination inspector to conduct a residential building inspection, consultant will charge the City the residential inspector rate. • Rates are inclusive of "tools of the trade" such as forms, telephones and consumables. • All invoicing to be done monthly. Invoices must be itemized and include contract number. • Staff Augmentation work (excluding plan review) is subject to 2-hour minimum charges unless stated otherwise. Services billed in 2-hour increments. • All billable expenses will be charged at cost plus 10% • Mileage will be billed at the current IRS rate All requests should be made directly to 4LEAF management. 4LEAF's Designated Project manager noted above. 48 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods Committee FROM: Jack Pack, DCD Director BY: Nora Gierloff, Deputy DCD Director and Kia Shagena, Code Enforcement Officer CC: Mayor Ekberg DATE: November 27, 2018 SUBJECT: Updated Residential Rental Inspector Requirements ISSUE Proposal to update the requirements at TMC 5.06 to provide more oversight of Residential Rental Licensing Program inspections conducted by non -city inspectors. BACKGROUND In addition to annual licensing, all approximately 4,000 rental housing units in the City must pass an inspection every 4 years, see Attachment C. Properties with up to 4 units may use a City inspector while all larger properties must use a private inspector who meets specific qualifications. The City may also inspect units in response to complaints at other times. In 2017, the City was made aware of a series of insufficient and or incomplete rental inspection reports that were submitted to the City by a private non -city inspector. Since the discovery of this information, the inspector has been removed from the City's list of approved inspectors and has not inspected any additional units. On October 9, 2018 the City received a complaint regarding a four-plex with a collapsed ceiling that was due to a prolonged roof leak. This property had been inspected by the offending inspector in October of 2017. The families were assisted in finding permanent housing and the property owner paid their relocation assistance. The rental housing staff has reached out to property owners whose last inspection was performed by this inspector to offer a courtesy inspection by our inspection staff. Hopefully this will allow us to proactively identify any additional housing safety issues, see Attachment B. DISCUSSION During the October 23, 2018 Community Development and Neighborhoods Committee meeting the Committee requested staff bring forward proposed updates to the Residential Rental Licensing Program inspection requirements to help mitigate this type of issue in the future and provide the City additional recourse when addressing similar situations. Staff proposes the addition of an audit provision to the code which allows the code official to reinspect units when the inspection report results are in question, see Attachment A. Additionally, staff recommends adding provisions that: 1) Inspectors may not have a financial interest in the properties they inspect; and 2) The City may revoke a rental license if an inspection checklist is submitted to the City that the owner or the inspector knew or should have known was false. 49 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The only direct costs would be staff time required to implement and enforce the audit and revocation provisions. This would include the staff time for required reinspections. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 10th Committee of the Whole meeting with possible adoption at the Special Meeting that night. ATTACHMENTS A. Draft Residential Rental Licensing Inspection Ordinance B. Rental Inspection Checklist C. Quadrant Map 50 L1Council Agenda Items\DCD\CDN 11-271RHP_Inspections-InfoMemo.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, MODIFYING THE STANDARDS FOR PRIVATE RESIDENTIAL RENTAL PROGRAM INSPECTORS; AMENDING ORDINANCE NOS. 2519 §3, 2459 §2, AND 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.06.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Residential Rental Business License and Inspection Program has been effective in improving the quality of the City's rental housing stock; and WHEREAS, under this program all residential rental units are required to pass a safety inspection at least once every four years; and WHEREAS, approximately 85 percent of these inspections are performed by private inspectors who meet specific certification requirements; and WHEREAS, the City has determined that additional oversight of the private inspectors is desirable to protect the health and safety of Tukwila's renters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section 5.06.050 Amended. Ordinance Nos. 2519 §3, 2459 §2, and 2281 §1 (part), as codified at Tukwila Municipal Code Section 5.06.050, "Inspection Required," are hereby amended to read as follows: 5.06.050 Inspection Required A. The property owner is responsible for obtaining an inspection of each rental unit and submitting the Inspection Checklist to the code official no later than September 30 of the year the Certificate of Compliance expires. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 1 of 3 51 B. When a unit changes from owner occupancy to a rental, the inspection must occur before the unit is occupied by the tenant. An inspection is not required the year a Certificate of Occupancy is issued for a newly -constructed building, and thereafter the building will be inspected according to the quadrant in which it is located. C. Owners of complexes with 5 or more units are required to utilize a non -City inspector Ihho. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non -City inspector. Non -City inspectors must meets the qualifications defined herein,. and who is be preapproved by the City, and may not have a financial interest in the property. City inspector or The City shall provide the Inspection Checklist to the owner with the application form. D. The code official shall issue a Certificate of Compliance for rental units that comply with applicable laws based on a submitted Inspection Checklist. If using a non - City inspector, the owner shall be responsible for making the inspection arrangements with the non -City inspector. E. The code official shall audit Inspection Checklists submitted by private inspectors and based on audit results may reinspect units on that property or inspected by that inspector. F. Submittal of an Inspection Checklist that the owner knows or should have known is false may result in revocation of the residential rental business license and penalties defined in TMC Section 5.06.200. G. An Inspector may be removed from the City's approved list for easons including, but not limited to: 1. Submittal of an Inspection Checklist that the inspector knows or should have known is false. 2. Conviction for any crime that occurs in connection with an inspection. 3. Failure to hold a valid Tukwila business license. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs 52 Page 2 of 3 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 3 of 3 53 54 Deportment ofCommunity Development — Jack Pace, Director RENTAL HOUSING LICENSING PROGRAM: INSPECTION CHECKLIST Allan Ekberg, Mayor File# RENT Final Inspection Score PROPERTY OWNER INFORMATION Owner name: Mailing address: DWELLING TYPE: Duplex Single-family Triplex Condominium Fnurp|ex Apartments v/5nrmore units Accessory Dwelling Unit 0 RENTAL PROPERTY INFORMATION Rental Address: Property Name: In this dwelling, number of: Bedrooms - Bathrooms - Unit Number: UNIT DOES NOT PASS IF INSPECTION RESULTS INA TOTAL OF 25 OR MORE NON-COMPLIANCE POINTS wmun/4.m v YES NIA NO N-C 302A Clean, safe & sanitary / no uncontained debris (0— C i 302.2 No standing water or erosion J, 302.3 Sidewalks/driveways free of hazards ('i�' 302A No weeds in excess of 12 inches (-0 C' 302.5 No evidence of rodent harborage / vermin infestation (0— 2 302.7 Accessory structures in good repair 302.8 No junk vehicles/under repair outside garage 30Z9 Free from graffiti 308 Approved garbage containers with tight fitting lids Section A — EXTERIOR PROPERTY Total of Non -Compliance Points 1PMc B SWIMMING POOLS, SPAS & HOT TUBS YES w�V N/A NON-C VO pT8 COMMENTS 303.1 Clean, sanitary, ingood repair C�7- 1 303.2 Enclosure OO^high, with self -closing latch ongate �� C' (_ 3 Date oflast public health inspection (nulti-fam@/complexes nnly): Total of Non -Compliance Points Section B—SWIMMING POOLS, SPAS & HOT TUBS �� EXTERIOR STRUCTURE YES NIA NON-C pTS COMMENTS 3042 Surfaces |ngood repair [� 1 3U4.3 Address numbers 4^tall & visible from street ( (`�( 1 3O4.4 Structural members ingood repair J 3O4�Fnund�onwm|bin good epa� y� `�^ ^_ 304.8 Exterior walls ingood repair '3 3 3O4.7 Roof and drainage ingood repair 2 304.8 Decorative features ingood repair J, C/ L-2 1 @O4.O Overhang extensions ingood repair Ci 2 304.18 Stairways, decks, pnmhao^ balconies ingood repair 3 304.11 Chimneys and towers 'ingood repair ( ( 2 304.12 Handrails and guardrails firmly fastened 60� ( (_� 3 ectionC-EXTERIOR JTHUG Total ofNon-Compliance Points 55 COMPLIES WITH STANDARD? IPMc D DWELLING UNIT ENTRY V PTS COMMENTS 304,15 Exterior doors in good repair; deadbolt locks operable by knob; deadbolt throw not less than 1 inch C' 2 305.3 Windows and frames in good repair 305.4 Floor surface in good repair (0-1 C' Section D—DWELLING UNIT EN3RY Total of Non -Compliance Points I yl |pMc � u� LIVING ROOM YES �� N/A ��w�PTS NO M-C COMMENTS 3O5.3 Wall surface ingood repair 3053 Windows and frames ingood repair J, 3OS.4 Floor surface ingood repair (i C';�� 402.1 403.1 Minimum of1upenab|o.approved-size window facing dire�|yhonu�unm.(V C� — -~ 504.1No visible mold, signs ofmoisture yrleaks J 602.3 602� Adequate source ofheat (2) �� _ �� _ 25 G05.2 Two separate & remote electrical 'receptacle outlets 2 Size, in square feet (min. 120 square feet): Section E-LIVING ROOM Total of Non -Compliance Points ]pmc F DINING ROOM YES NIA w/w/ NO N-C PTS COMMENTS 306.3 Wall surface ingood repair (_J 1 305�3 Windows and frames ingood repair (7 i 305.4 Floor surface ingood repair ClC j 482.1 403.1 Minimum of1nponub|e.approved-size window facing directly bzoutdoors, (1) 6041Wn visible mold, signs ofmoisture urleaks 3 602.3 602.5 Adequate source ofheat (2) 0 --' C' ~- �) ~' 25 605.2Two separate & remote electrical receptacle outlets 2 Size, in square feet: SectionSection F —DINING ROOM I� Total n8Non-Compliance Points | �� | ' -- |RMC G KITCHEN /UTILITY YES NIA mO w/ N-C PTu COMMENTS 3O53 Wall surface ingood repair (7 � 305.3 Windows and frames ingood repair C" 1 3U5.4 Floor surface 1ngood repair (7 (7 1 30Q Free nfinsect urrodent infestation 3 30lG �}��(— 403.4 Stove vonpmpedyoonnen�dandfunoUnno| ` --- —� — 2 � 4O42 Has aclear pu�ofm�]oaothan 3feo clearance between ooun�hmntoand appliances orwaUa �— ~ �" 404,7 Has kitchen sink, cooking stove, refrigerator, and �� 25 502.1 counter space 504.1 Novisible mold, signs ufmoisture orleaks 3 505.1 Hot and cold water tnall plumbed fixtures �� [_} 26 GO5.2 Two separate Qremote electrical receptacle outlets 2 4O3.5 Clothes dryer exhaust vented properly toexterior 2 506.4 Water heater correctly installed J GO5.2 Laundry area one grounded -type receptacle orGFC| i Section G-0TCHBWU7IL Total ofNon-Compliance Points 56 COMPLIES YES �� WITH N/A w^ STANDARD? NO �� PTG ��C � �� no BATHROOM COMMENTS 4O4�.3Separate bathroom with toilet, sink, & tub mshower 25 305.3 Wall surface |hgood repair 3O5.3 Windows and frames |ngood repair 3OS.4 Floor surface ingood repair (7 _.' i 403� ' B�hmomand hoi �| '=`' ' (Dponeb�m�u�wm�no0on�menhen�� `= �� - `-^ 2 603.1 Door for privacy, ingood repair, securely attached (0- C 5n4.1No visible mold, signs cdmoisture orleaks 3 505.1 Hot and/or cold water toall fixtures 25 6OS2 Has atleast one electrical receptacle C, C i This is Bathroom om# of toto| bathrooms in Section H'BATHROOM dwelling unit Tn�/'�Nnn'Cnop�muePo�� /l �� |pMc Y�� *� �� *� ��pTS COMMENTS � BATHROOM NO4DD'L nn 4U4.4.3 Separate bathroom with toilet, sink, & tub orshower 25 3O5'.3 Wall surface ingood repair 305.3 Windows and frames in repair 305.4 Floor surface ingood repair (97 (7: (7 i 4O32 ' 8othmomand toilet properly ventilated (Dpenab��dnwn/bmoNrna/meohon�a/�� @�� `� - `� 2 5OJ.1 Door for privacy, |ngood repair, securely attached 5O4.1Nu visible mold, signs ofmoisture orleaks (07 3 505'1 Hot and/or cold water toall fixtures 25 605.2 Has atleast one electrical receptacle (-0� C" This is Bathroom # of total bathrooms in dwelling unit (3) Total of Non -Compliance Points Section H-BATHROOM |pmc YES m� NIA w� NO *�PTS N-C COMMENTS xu �� BATHROOM �� NOADD'L 404.4.3 Separate bathroom with toilet, sink, & tub mshower 25 JU5.3 Wall surface ingood repair i 3O5.8 Windows and frames ingood repair 1 305.4 Floor surface ingood repair C 6�� C, 1 403.2 Bathroomand properly (Openable window or functional mechanical fan) ~_ C_ 2 503.1 Door for privacy, iogood repair, securely attached C' 504,1No visible mold, signs ofmoisture orleaks 3 5O5.1 Hot and/or cold water tuall fixtures 25 6O5.2 Has etleast one electrical receptacle This is Bathroom # of total dwelling unit (3) bathrooms in Section H'BATHROOM 57 IPMC I BEDROOM YES V NIA 4/ NO V N-C PTS COMMENTS 305.3 Wall surface in good repair (0 C C 1 305,3 Windows and frames in good repair to 305.4 Floor surface in good repair (— 1 305.6 Door, in good repair, securely attached t 402.1 Minimum of 1 openable, approved -size window facing c 1 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks - C602.3 O' 602.5 Adequate source of heat (2) (— 25 605,2 Two separate & remote electrical receptacle outlets (' — 1 This is Bedroom # of total bedrooms in S ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points IPMC YES v N/A v NO v N-C PTS COMMENTS I BEDROOM I NO ADD'L 305.3 Wall surface in good repair (i C — 1 305.3 Windows and frames in good repair t (— '''. 1 305.4 Floor surface in good repair (O- (— (— 1 305.6 Door, in good repair, securely attached i C C 1 402.1 403.1 Minimum of 1 openable, approved -size window facing directly to outdoors. (1) 0 1 504.1 No visible mold, signs of moisture or leaks r , 3 602.3 602.5 Adequate source of heat (2) C C 25 605,2 Two separate & remote electrical receptacle outlets '1 ( C i This is Bedroom # of total bedrooms in S ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points IPMC BEDROOM ___I NO ADD'L YES v NIA v NO v N-C PTS COMMENTS 305.3 Wall surface in good repair C C C 1 305.3 Windows and frames in good repair • ' 1 305A Floor surface in good repair ii" C 305.6 Door, in good repair, securely attached -, t , 402.1 Minimum of 1 openable, approved -size window facing C 1 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks ' i:Ti` 602.3 602.5 Adequate source of heat (2) C (-O IT 25 605.2 Two separate & remote electrical receptacle outlets C 1 This is Bedroom # of total bedrooms in S ze, in square fee dwelling unit (3) (min. 70 sq ft per 404.4.1): action i - e room Total of Non -Compliance Points 58 COMPLIES YES v WITH N/A V STANDARD? NO V N.0 PTS IPMC I BEDROOM I NO ADD'L COMMENTS 305.3 Wall surface in good repair C 1 305.3 Windows and frames in good repair - (.( C 1 305.4 Floor surface in good repair 305.6 Door, in good repair, securely attached r i 402.1 403.1 Minimum of 1 openable, approved -size window facing directly to outdoors. (1) - 504.1 No visible mold, signs of moisture or leaks 3 602.3 602.5 Adequate source of heat (2) 25 605.2 Two separate & remote electrical receptacle outlets C (:- C 1 This is Bedroom # of total bedrooms in S dwelling unit (3) (min. 70 ze, in square feet sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points NA IPMC BEDROOM NO ADD'L YES v NIA v NO v N-C PTS COMMENTS 305.3 Wall surface in good repair 1 305.3 Windows and frames in good repair C (i. -- 1 305.4 Floor surface in good repair C 1 305.6 Door, in good repair, securely attached ' 402.1 Minimum of 1 openable, approved -size window facing • 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks ' • 602.3 (O ,. 602.5 Adequate source of heat (2) 25 605.2 Two separate & remote electrical receptacle outlets ' 1 This is Bedroom # of total bedrooms in S'ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section - Bedroom Total of Non -Compliance Points NOTES g • YES v N/A V NO V 1 N-C PTS 1 IPMC COMMENTS EFFICIENCY UNIT/ NOT STUDIO APARTMENT APPLIC 305.3 Wall surface in good repair C (i - 1 305.3 Windows and frames in good repair r 1 305.4 Floor surface in good repair 402.1 403.1 Minimum of 1 openable, approved size window facing directly to outdoors. (1) ,. 404.6.2 Kitchen sink, cooking stove, refrigerator, counter space ' C 25 404.6.3 Separate bathroom with toilet, sink, and tub or shower ' 25 504.1 No visible mold, signs of moisture or leaks r 505.4 Water heater correctly installed C (i. C 3 602.3 602.5 Adequate source of heat (2) (-- - C 25 605.2 Two separate & remote electrical receptacle outlets C (-: C 1 Size, in square feet: (Min. size: 220 sq ft for 2 occupants, 320 sq ft for 3 occupants; 3 occupants max., per 404.6) Section J - EFFICIENCY UNIT/STUDIO APT Total of Non -Compliance Points NA 59 I YES sie NIA v NO v P N-C PTS B IPMC OTHER COMMENTS 402.2 LIGHTING FIXTURES REQUIRED: Public hall 1 402,2 Interior stairway .,-, Va 1 402.3 Toilet room * C r 1 402.3 Kitchen •C C 1 402.3 Bathroom C C 1 402.3 Laundry room • 404.1 Dwelling provides privacy/separated from adjoining units • (- 25 504.3 No plumbing system hazards found ' r 25 603.1 Mechanical equipment properly installed & maintained (li' - C 25 603.5 Combustion air supply is adequate for fuel -burning equip -b (- r 25 604.1 Unit has electrical service provided by utility 1(liCT C 25 604.3 No electrical system hazards found Ci‘ C 25 Section K - OTHER Total of Non -Compliance Points IPMC L MEANS OF EGRESS; FIRE PROTECTION YES V NIA v NO v N-C PTS COMMENTS 702.1 Safe, continuous, unobstructed path of travel (41 C-. (-- 25 702.3 702.4 Doors, bars, grilles, grates over emergency escape openings are readily operable from inside, without keys or special knowledge (' C- (-- 25 702,4 Adequate emergency egress from all habitable spaces (li C C 25 703.2 Fire doors not blocked, obstructed or inoperable C ('-' C 25 704.2.1 SMOKE DETECTORS REQUIRED: on each story ( — C 25 704,2.2 Inside each bedroom • C C 25 704.2.3 On ceiling or wall outside of each sleeping area i C.CT 25 RCW 19.27.530 CARBON MONOXIDE DETECTORS REQUIRED (on each story, in immediate vicinity of each sleeping area) • C C 25 ec ion L - ; Total of Non -Compliance Points NOTES: (1) Screens required on openings used for ventilation. Minimum total glazed area shall be at least 8% of floor area. Openable area shall be at least 4% of floor area. (2) Capable of maintaining 68°F temperature 3 feet above floor & 2 feet inward from center of exterior wall. Space heaters not permitted as only source of heat. (3) For additional rooms, attach supplementary inspection forms as necessary, INSPECTOR COMMENTS: Inspection date: Inspector's signature: Landlord/owner signature: Inspector's name (print): KIA M. SHAGENA > INSPECTION SCORE: Total non-compliance points (25+ points = inspection failure) 0 City will issue "Certificate of Compliance" for units accruing less than 25 points. Units accruing 25 points or more constitute a failure. Landlord has 30 days to correct deficiencies and obtain re -inspection. A unit must pass inspection in order to receive Certificate of Compliance and Residential Rental Housing Business License and be considered fit for occupancy. Certificates of Compliance are valid for four calendar years from date of inspection. Properties must be reinspected prior to expiration. 60 Exhibit 2 City Tukwila Rental Housing inspection Deadlines 61 62 Tukwila City Council Community Development & Neighborhoods Committee - 2018 Work Plan Description Qtr Dept Action or Briefing Status/Notes 1. S2 Sponsorship Final Report 1 ED B Complete 2. Tree Code Update Ordinance 1 DCD A Complete 3. ADU Amendments 1 DCD A Complete 4. Short Term Rental Regulations 1 DCD A With Planning Commission 5. Pest control implementation briefing 1 DCD B Complete 6. Municipal Arts Plan 1 PR A Complete 7. Foster Golf Links Fees 1 PR A Complete 8. Foster Golf Links Bridge Naming 1 PR A Complete 9. Parks Department Fleet Purchases 1 P&R A Complete 10. Go Recreation Fleet 1 PR A Complete 11. Foster Golf Change Fund Increase 1 PR A Complete 12. Residential Definitions Code Update 1-2 DCD A With Planning Commission 13. CDBG Minor Home Repair -Application 1-2 HS A Complete 14. Zoning Considerations for Shelter Locations; Regional response to homelessness 1-2 DCD B COW requested pres. on regional efforts 5/21; 8/6/18 COW Complete. 15. Ryan Hill Study - Review Development Options 2 DCD A Complete 16. Small Animal Regulations 2 DCD B Complete 17. Development standards for Tukwila South Overlay 2 DCD A Complete 18. Homestead Land Trust Development Agreement 2-3 DCD A Committee briefed 3/27 19. 2019-2020 Budget Components: Parks, DCD, Golf, Urban Renewal, Land Acquisition, Lodging Tax 3-4 Multiple A Priority Based Budgeting 20. Permit Tracking Software Briefing 3 DCD B August 21. Comprehensive Plan Implementation Work Plan 3 DCD B September 22. South King County Affordable Housing/Homelessness Partnership Proposal 4 Mayor A November 23. Sound Transit - Light Rail, Parking, DA 4 DCD B 24. Offstreet Parking Code Amendment 4 DCD A Complete 25. Tukwila Village nonprofit 4 ED A Partnership with SHAG, Lease option authorized 7/16; Committee update 12/11 26. Human Services Contracts 4 HS A Following Budget Adoption; scheduled 12/11 27. Hearing Examiner Interlocal Agreement 4 DCD A Complete 28. Economic Development Plan 4 ED A Committee Update 12/11 City of Tukwila Updated November 19, 2018 Tukwila City Council Community Development & Neighborhoods Committee - 2018 Work Plan 29. 30. Lodging Tax Funding Applications/Contracts Southcenter50th Planning Briefings 1-4 1-4 ED ED A Applications accepted on rolling basis Ongoing 31. TIB Plan Implementation 2019 DCD A Briefing 9/25/18; COW 10/8/19 32. Cottage/Compact Housing Ordinance 2019 DCD A Homestead could pilot; 2019 33. Sensitive Areas/Shoreline Code Amendments 2019 DCD A With Planning Commission; to 2019 Standard Reports/Brie Tukwila Works Mayor September 2018 - Complete Code enforcement Updates DCD October 2018 Unbudgeted Capital Purchases Multiple Healthy Tukwila Updates Parks Grant Cycle Complete Afterschool Program Updates Parks May 29, 2018 10-Minute Walk Updates Parks July 24, 2018 Transportation Demand Management DCD September 2018 - Complete South King Housing & Homelessness Partnership Parks Grant Applications & Agreements HS Parks March 28, 2018 Ongoing Parks Capital Projects Updates Parks Ongoing City of Tukwila Updated November 19, 2018