HomeMy WebLinkAbout25-038 - Contract - Access to Our Communities (ATOC) - Lodging for Asylum SeekersCity of Tukwila
• 6200 Southcenter Boulevard, Tukwila WA98188
r�
CONTRACT FOR SERVICES
Contract Number:25-038
Council Approval 12/16/24
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 Access To Our Communities
("ATOC") hereinafter referred to as "the Contractor," whose principal office is located at 3748 S 141St;
Tukwila, WA 98168.
WHEREAS, Contractor is a Washington state nonprofit corporation who provides shelter to asylum
seekers in the City of Tukwila; and
WHEREAS, the Contractor and City previously entered into Contracts #24-103, #24-127,
#24-185, and #25-185 for the provision of non -duplicative temporary shelter services to asylee
seekers, for reimbursement of documented expenses up to $55,000, $50,000, $50,000, and
$136,000 (approximately), respectively; and
WHEREAS, the City desires to provide additional funds to the Contractor to assist it with providing
said shelter, pursuant to the terms and conditions outlined below; now therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scone and Schedule of Services. The Contractor warrants that it has or will perform those services
described in Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In
performing such services, the Contractor further warrants that it has, at all times, complied 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.
Within ten (10) business days of the termination of this Agreement, or by not later than 5:00 PM
PDT on Monday, February 17, 2025, the Contractor shall provide an accounting to the City
regarding the temporary housing provided, including at minimum, the following information with
supporting written documentation (e.g., hotel folios): (1) the number of rooms provided, (2) the
location of the rooms provided, (3) the dates of room usage, and (4) the total number of people
served by the Agreement.
2. Compensation. The City shall pay the Contractor, for the services described on Exhibit A, a total
amount not to exceed one hundred forty-six thousand US dollars ($146,000). Contractor shall use said
funds for the sole purpose of providing temporary housing for asylum seekers as outlined in Exhibit
"A." Use of said funds for any other purpose is expressly prohibited.
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 Aareement. This Agreement shall be in full force and effect for a period commencing
retroactive to December 1, 2024 and ending January 31, 2025, unless sooner terminated under the
provisions hereinafter specified.
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
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.
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:
A. 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.
B. 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.
C. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
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.
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.
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.
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
10. Termination. This Agreement may at anytime 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.
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 3rd day of February 2025.
[SIGNATURE BLOCKS APPEAR ON NEXT PAGE]
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
CITY OF TUKWILA
Signed by:
haM� 9W
F—BEE243805*
..
Thomas McLeod, Mayor
ATTEST/AUTH ENTI CATED:
Signed by:
FEBD�k4F
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM:
Signed by:
Office of the City Attorney
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
CONTRACTOR:
By: 71'lea n M 4., � "7'/' 9 � �
Printed Name: Mohammed Jama
Title: Executive Director
Address. 3748 S. 141st Street
Tukwila, Wa 98168
Exhibit "A"
Scope of Services Provided
Contractor shall provide temporary housing for asylum seekers from December 1, 2024 through
January 31, 2025 at the Econo Lodge located at 13910 Tukwila International Blvd. The housing shall
be provided to those individuals deemed as the most vulnerable who lack financial resources to
secure housing on their own. The City and Contractor are currently working to relocate asylum
seekers from the Econo Lodge to alternate housing options within the region. As asylum seekers
move out of rooms at the Econo Lodge to another location, it is expressly understood that the City
will not pay for individual rooms at any location other than the Econo Lodge. ATOC is soley
responsible for ensuring that rooms are not reoccupied without ATOC's express permission in
advance of such re -occupancy. Once households move out of the Econo Lodge, the City will not be
invoiced for vacated rooms, nor shall payments be applied for any reoccupied room(s), without the
City's prior consent.
Contractor is fully responsible for providing temporary housing for the asylum seekers. Each unit
provided to asylum seekers shall provide a bed and linens, functioning plumbing (working toilets,
sinks, and showers), doors capable of being locked, and adequate climate control (heating and
cooling). The City and its consultant, i2 -Strategies, are not responsible for any damage caused to the
rooms, or the furnishings within the rooms, as part of this Agreement.
Contractor shall allow the City's consultant, i2 -Strategies, to have access to the site and to conduct
census and services to residents at the Econo Lodge. Furthermore, Contractor shall attend meetings
with the City and i2 -Strategies, when necessary, to coordinate services on the site and to address
any issues with compliance with this Agreement and the mutual goal of moving asylum seekers off
the site. i2 staff will coordinate with Econo Lodge / ATOC staff to confirm weekly room occupancy of
asylum seeker households.
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}
Exhibit "B"
Compensation & Required Documentation
The City shall pay $55 per room night, plus 10.1 % sales tax, for rooms occupied by asylum
seekers. The City's total financial contribution under this section, with tax, shall not exceed
$146,000. The City is not responsible for any damage caused by the asylum seekers to the
temporary housing location, nor is city responsible for relocating or moving people off the property
upon expiration of this Agreement. All requests for payment must include the following:
• The number of rooms provided;
• The location of the rooms provided;
• The dates of room usage; and
• The total number of people served by the Agreement during the period for
which payment is requested.
• Any other documents required by the City for the purposes of confirming
services or shelter were provided as part of the reimbursement request.
4873-9997-9248. v. 1
{ADT4873-9997-9248;1/13175.000001/}