HomeMy WebLinkAboutReg 2024-12-02 Item 5D - Contract - Ratify Contract & Amendments 1 & 2 with CORT Party Rental for Temporary Tent for $391,019.46 (for Asylum Seekers at Riverton Park United Methodist Church)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
12/2/24
B3M
ITEM INFORMATION
ITEM No.
5.D.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 12/2/24
AGENDA ITEM TITLE Ratify the Mayor's authorization to enter a contract with Cort Rental to install a
temporary tent at the Riverton Parked United Methodist Church in Tukwila, not to
exceed $391,019.46.
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 12/2/24
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 ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
On October 6, 2023 Mayor Allan Ekberg issued a proclamation declaring an emergency to
respond to the growing influx of asylum seeker in the City. The proclamation was
subsequently ratified by the City Council. Tukwila Municipal Code (TMC) 2.57 allows the
Mayor to quickly execute agreements, even above the Mayor's signing authority when an
emergency has been declared. TMC 2.57.040 (3) requires that the City Council ratify the
agreements the Mayor has signed to respond to the emergency.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: NOVEMBER 25, 2024 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Approve, forward to consent.
COMMIrrLE Unanimous approval, forward to consent.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$391,019.46
AMOUNT BUDGETED
$N/A
APPROPRIATION REQUIRED
$N/A
Fund Source: MOST LIKLEY GRANT REIMBURSED.
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/2/24
MTG. DATE
ATTACHMENTS
12/2/24
Informational Memoradum, dated November 19, 2024.
Contract & Amendments 1 & 2
11/25 Finance & Governance Committee minutes (distributed separately)
29
30
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Brandon Miles, Director of Strategic Initiatives & Government Relations
CC: Thomas McLeod, Mayor
DATE: November 19, 2024
SUBJECT: Ratification of Cort Rental Agreement
ISSUE
Ratify the Mayor's authorization to enter a contract with Cort Rental to install a temporary tent at
the Riverton Parked United Methodist Church in Tukwila, not to exceed $391,019.46.
BACKGROUND
On October 6, 2023, Mayor Allan Ekberg issued a proclamation declaring a state of emergency
to respond to the growing influx of asylum seekers in the City. The proclamation was
subsequently ratified by the City Council. Tukwila Municipal Code (TMC) 2.57 allows the Mayor
to quickly execute agreements, even above the Mayor's signing authority when an emergency
has been declared. TMC 2.57.040 (3) requires that the City Council ratify the agreements the
Mayor has signed to respond to the emergency.
DISCUSSION
As part of the City's strategy to provide humanitarian housing, while looking for long term
housing solutions for asylum seekers, the City rented a "FEMA style" tent. At its peak, the tent
housed 77 individuals. The City successfully found housing solutions for people in the tent and
the tent has now been removed.
FINANCIAL IMPACT
The total financial expenditure was $391,019.46. The City expects to receive grant funds to
reimburse the City for most, if not all, of the costs.
RECOMMENDATION
Ratify the Mayor's execution of a contract with Cort Rental in the amount of $391,019.46.
ATTACHMENT
Executed contract with Cort Rentals.
31
32
47
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 24-041(b)
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #2
Between the City of Tukwila and CORT Party Rental
That portion of Contract No. 24-041 between the City of Tukwila and CORT Party Rental is hereby
amended as follows:
Section 2:
The total amount to be paid per Section 2 is hereby increased to $391,019.46.
Section 4:
The contract duration is hereby amended to have an end date of November 5th 2024.
Exhibit C:
Exhibit C is hereby amended to reflect the increase in total contract consideration shown in
Section 2.
All other provisions of the contract shall remain in full force and effect.
Dated this 23rd day of October, 2024.
33
Initial
** City signatures to be obtained by ** Contractor signature to be obtained by
City Clerk's Staff ONLY. ** sponsor staff. **
CITY OF TUKWILA CONTRACTOR:
Signed by:
bw�aS ka,cobt
„F„.„,„eFaenr
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
VlO4AR9746FAMF8
Andy Youn, CMC, City Clerk
APPROVED AS TO FORM:
Signed by:
I%`FE4 F'...
Office of the City Attorney
By:
,--Signed by:
\.— 1S60ACO2A49E41E...
Printed Name: Fel i X Fel i pa
Title: Project Manager
34 CA Reviewed May 2020
Page 2 of 3
AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding (AMD #2)
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
GF000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 7th 28-Day Period Rental
226,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
9
Final Month of Rental +
Closeout
30 984.13
'
Total:
$391,019.46
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
CA Reviewed May 2020
Page 3 of 3
35
36
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number: 24-041a
Council Approval N/A
CONTRACT FOR SERVICES
Amendment #1
Between the City of Tukwila and CORT Party Rental
That portion of Contract No. 24-041 between the City of Tukwila and CORT Party Rental is hereby
amended as follows:
Section 2:
The total amount to be paid per Section 2 is hereby increased to $360,035.33.
Section 4:
The contract duration is hereby amended to have an end date of October 27, 2024. The City
of Tukwila reserves the right to end its rental of assets from the contractor on September
27, 2024.
Exhibit C:
Exhibit C is hereby amended to reflect the increase in total contract consideration shown in
Section 2.
All other provisions of the contract shall remain in full force and effect.
Dated this 26th day of August, 2024.
CA Reviewed May 2020
Page 1 of 2
37
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CITY OF TUKWILA CONTRACTOR:
Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Andy Youn, CMC, City Clerk
APPROVED AS TO FORM:
Signed by: a t
CC499CA4165C452...
Office of the City Attorney
By:
Signed by:
Lil
t,(i Ft,(ipa
1566ACO2A49E41 E...
Printed Name: Felix Fel i pa
Title: Project Manager
38 CA Reviewed May 2020
Page 2 of 2
AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding (AMD #1)
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
GF000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 7th 28-Day Period Rental
226,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
Total:
$360,035.33
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
Initial Initial
39
40
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number: 24-041
Approved per Emergency
Proclamation 10/06/23
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 CORT Party Rental, hereinafter
referred to as "the Contractor," whose principal office is located at
6101 Associated Boulevard Suite 102 Everett, WA 98203.
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 A attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $284,035.33 at a rate per Exhibit A plus
estimates for heater and generator refueling and bi-weekly maintenance checks.
3. Contractor Budaet. 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 Aareement. This Agreement shall be in full force and effect for a period commencing
February 27, 2024, and ending August 27, 2024, 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 4
41
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
CA Revised May 2020 Page 2 of 4
42
of not less than A: VII.
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 Keepina 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 Aareement: 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 4
43
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.
Eq\i\ifi
DATED this 26t" day of February, 2024.
CITY OF TUKWILA
DocuSigned by:
Uis
$,LF 9a'2Rf1aSRaar
Thomas McLeod, Mayor 4/5/2024 4:35 PM PDT
ATTEST/AUTHENTICATED:
/DooccuSigned by:
3.DLL4AR974&F_A_ FR
Andy Youn, City Clerk
APPROVED AS TO FORM:
FDocuSigned by:
GAA4. ZUJIVCI
.6E499CA41.66E4.62...
Office of the City Attorney
CONTRACTOR:
DocuSigned by:
By: li FtLp
1566ACD2A49E41 E...
Printed Name:Fel i x Fel i pa
Title: Project Manager
6101 Associated Blvd suite 102
Address: FvPrPtt wa 98703
44
CA Revised May 2020 Page 4 of 4
City of Tukwila Pricing (Confidential) - Riverton
O
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Riverton Tent - In Parkine Area
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12.5m x 22.5m x 4m (41'x74') Clearspan Structure
Solid Wall, 4m tall surround, (HVAC, Solid Panels, Doors)
Double Glass Door w/Filler Wall Surround
Lay Down Sub Floor, PVC Non -Slip Finish
Entrance Transitions, ingress/egress
Interior LED Hi -Bay Lighting & Exterior LED Light, Fans
Diesel Heat w/thermostat control and ducting
Power Distribution, 4 - 20 Amp, 2 - 15 Amp Circuits
Light Switch Outfit
Hybrid Generator, 20kw, includes emission surcharges
Transcube, 251 gallon fuel cube
Fire and Safety Package
Storage Container
Emergency Wall Add On
Diesel Fuel (Refills) 1st Month
Diesel Fuel (Refills) Estimate Future Months
14" x 16" Base Plates
8' x 1.5" Drape Uprights
3'-5' Telescoping Crossbars
6'-10' Telescoping Crossbars
8' x 4' Banjo Drape (5 on Family/ 3 on Singles
Equipment Subtotal
Install/Removal Services
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Tent Bonding Fee
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AGREEMENT FOR CONTRACT SERVICES
Exhibit C: Contract Coding
Item #
Description (30 characters)
GL Key
GL Object
JL Key
JL Object
Amount ($)
1
Tent Installation
G F000510
541007
12301001
5000000
14,388.51
2
1st 28-Day Period Rental
39,876.67
3
2nd — 5th 28-Day Period Rental
150,423.04
4
Final 28-Day Period Rental
39,866.80
5
Tent Removal
10,359.31
6
Diesel Refueling
15,854.40
7
Generator Refueling
7,266.60
8
Maintenance Checks
6,000.00
Total:
$284,035.33
Notes:
• Contractor shall be paid via check mailed by United States Postal Service
• Contractor shall be paid only upon issuance of written invoice(s) to the City
• Verification of work shall be provided by Innovative Impact Strategies
48