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HomeMy WebLinkAboutReg 2022-06-06 Item 5E - Grant Agreement - Youth Ecology & Restoration Stewards with Partners in Employment for $43,940COUNCIL AGENDA SYNOPSIS ��' q �., 4 f Initials ITEM No. O40 Meeting Date Prepared by Mayor's review Council review —1 -Sig O 6/6/22 TG 5.E. \\......., 1908 ITEM INFORMATION STAFF SPONSOR: TRACY GALLAWAY ORIGINAL AGENDA DATE: 6/6/22 AGENDA ITEM TITLE Contract with Partners In Employment for YERS/Youth Restoration Training Crew CATEGORY ❑ Discussion Mtg Date II Motion Mtg Date 6/6/22 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire 11 PeER ❑ Police ❑ PIF SPONSOR'S Tukwila Parks & Recreation is contracting with Partners In Employment for the Youth SUMMARY Ecology & Restoration Stewards (YERS) program/Youth Restoration Training Crew. Staff is seeking Council authorization approving the Mayor to sign the Contract for Services with Partners In Employment. REVIEWED BY ❑ Trans&Infrastructure Svcs ►1 ❑ LTAC ❑ DATE: 5/23/22 Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONsoR/ADMIN. Parks & Recreation COMMITTEE Unanimous Approval; Forward to Regular Meeting Consent Agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $43,940 NTE $43,940 $43,940 Fund Source: WRPA/OSPI/AWC - SUMMER EXPERIENCES & ENRICHMENT FOR KIDS FUND (SEEK FUND) Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/6/22 MTG. DATE ATTACHMENTS 6/6/22 Informational Memorandum dated 5/17/22 A - Contract for Services - Partners In Employment Minutes from the Community Services and Safety Comittee meeting of 5/23/22 19 20 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Services & Safety Committee FROM: Tracy Gallaway, Parks & Recreation Director CC: Mayor Ekberg DATE: May 17, 2022 SUBJECT: YERS Contract with Partners In Employment ISSUE Seeking authorization for the Mayor to sign Service Contract with Partners In Employment in the amount of $43,940. This contract has no financial impact to the budget. BACKGROUND In fall 2021, Washington Recreation and Parks Association (WRPA) announced that they were working with The Association of Washington Cities (AWC) and the Office of Superintendent of Public Instruction (OSPI) to develop a process for applying and receiving grant funds specifically for summer experiences for youth in Washington State. We applied for and were awarded funding to support a new program — Youth Ecology & Restoration Stewards (YERS). Funds are to be used between April 15, 2022 & September 1, 2022. YERS empowers youth from immigrant and refugee communities by supporting local organizations Partners In Employment (PIE). Youth will learn about ecosystem restoration through hands-on training to inspire exploration and awareness in natural areas and exposure to natural resource career paths while impacting a local park. The Partner in Employment (PIE) Youth Restoration Training Crew is a paid job training program that seeks to connect immigrant and refugee youth from South King County with paths into environmental and green careers. The goal will be accomplished by training and working with youth to complete environmental restoration projects, providing environmental education to address other areas of environmental science and the why's behind restoration projects, bringing in guest speakers to provide information on a wide variety of environmental career paths and help youth to make connections in fields of interest providing culturally relevant support to youth from PIE case managers as they progress through their career paths. PIE will lead five weeks of paid job training in Tukwila Park while teaching ecology, restoration basics, how to use tools, watershed awareness, and supporting youth with resume development and job counseling. DISCUSSION The contract will utilize grant funds to reimburse PIE for expenses related to the Youth Restoration Training Crew. This includes staffing, equipment & supplies, transportation, professional services, field trips, and paying youth that are participating in the job training program. FINANCIAL IMPACT There will be no financial impact to the budget. This program is fully funded through the SEEK grant as noted above and the City will be reimbursed 100% of program costs. This will, however, require the Finance Department to make budget adjustments to both revenue and expenditures to allocate the funding and track expenditures in the proper budget groups within 21 22 INFORMATIONAL MEMO Page 2 the Parks & Recreation budget. This budget adjustment will be included in the year-end budget amendments as a housekeeping item. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the award contract and consider this item for consent agenda at the June 6, 2022, Regular Meeting. ATTACHMENT A - Contract for Services - Partners In Employment REFERENCE CSS Minutes — 2.14.22 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Parks and Recreation/CSS 5.23.22 - Contract with Partners In Employment/5.17.22 CSS Info Memo - Contract with PIE for YERS (SEEK Grant).docx City of Tukwila Number: 6200 Southcenter Boulevard, Tukwila WA98188 Contract CONTRACT FOR SERVICES ATTACHMENT A 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 Partners In Employment, hereinafter referred to as "the Contractor," whose principal office is located at21400 International Blvd. Suite 302, SeaTac, WA 98198. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $43,940. 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 May 1, 2022, and ending September 30, 2022, 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. 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. CA Revised May 2020 Page 1 of 5 23 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the 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 claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed 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, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide 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 as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CA Revised May 2020 Page 2 of 5 24 E. 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. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. 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. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, 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. 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. CA Revised May 2020 Page 3 of 5 25 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this day of , 20_ CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: Printed Name and Title: Address: CA Revised May 2020 Page 4 of 5 26 EXHIBIT A General Terms and Scope of Services Scope of Services — Contractor will provide the following services: Partner in Employment with the support of Tukwila Parks and Recreation will run five weeks of programing between May - September. The Spring quarter will be two weeks, with hours after school and up to 10 youth, each completing 20 hours of field time per week. The Summer quarter will be three weeks, with up to 10 youth, each completing 30 hours of field time per week. The City will reimburse the contractor for expenses related to the Youth Restoration Training Crew. This includes staffing, equipment & supplies, transportation, professional services, field trips, and paying youth that are participating in the job training program. Bud. et Amount Staff support Equipment & supplies (i.e. sports equipment, art supplies, or water and snacks) (these must be directly related to program being offered) Transportation Fees Actives/Field Trips Other: PIE- Youth paid hourly wage for job training program. $13,145.00 $595.00 Totals $950.00 $500.00 $28,750.00 $43,940.00 EXHIBIT B CONSULTANT SCHEDULE OF FEES CONSULTANT will provide services under contract and Exhibit A (Scope of Services) in accord with the rates and methods: 1. Total contract amount is not to exceed $43,940 unless authorized by the City by written amendment. 2. Agreed upon fee for the work described in Exhibit A is $43,940 which shall constitute full compensation for all identified deliverables, including dispersants to youth participants of this contract. 3. Consultant should invoice the City at the completion of the spring quarter and again at the completion of the summer quarter. The invoice shall describe and document a description of the work performed, the progress of the project, and amount owed. A receipt must accompany any single expenses in the amount of $50.00 or more to receive reimbursement. 4. Consultant will be paid according to the City of Tukwila 2022 Accounts Payable schedule. CA Revised May 2020 Page 5 of 5 27 28 City of Tukwila City Council Community Services & Safety Committee Meeting Minutes May 23, 2022 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Tosh Sharp, Acting Chair; Cynthia Delostrinos Johnson Rachel Bianchi, Jay Wittwer, Norm Golden, Tracy Gallaway, Laurel Humphrey, Tiffany Johnson Acting Chair Sharp called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: Police Camera Devices & Services Staff is seeking Council approval of a contract renewal with Axon Enterprises for an annual cost of $194,549 and for a term of an additional five years. The contract will include body cameras, dashboard cameras, Tasers, digital storage, and software licenses. Item(s) for follow-up: • Update chart on page 3 to include proposed annual cost. • Update memo to show the additional numbers of cameras and devices as compared with the previous contract. Committee Recommendation: Unanimous approval. Forward to June 13, 2022 Committee of the Whole. B. Contract: Youth Ecology & Restoration Stewards (YERS) Staff is seeking Council approval of a contract with Partners in Employment in the amount of $43,940 for the YERS program, which is paid training that seeks to connect immigrant and refugee youth in South King County with paths into environmental careers. Committee Recommendation: Unanimous approval. Forward to June 6, 2022 Regular Consent Agenda. C. Interlocal Agreement: Minor Home Repair Program Staff is seeking Council approval of an Interlocal Agreement that transfers Lead City responsibility of the Minor Home Repair Program from Tukwila to SeaTac. Committee Recommendation: Unanimous approval. Forward to June 6, 2022 Regular Consent Agenda. 29