HomeMy WebLinkAbout25-070 - Contract - King County - Grant Agreement: Tukwila Community Center Window SealingContract No.: 2025-CitiesUF Services Agreement 5
25-070
Council Approval N/A
SERVICES AGREEMENT BETWEEN CITY OF TUKWILA
AND KING COUNTY TO FUND COMMUNITY BUILDING
IMPROVEMENTS FOR INDOOR AIR QUALITY
This Services Agreement Between the City of Tukwila and King County to Fund Services
Regarding a Decarbonization Navigator Platform ("Agreement") is entered into between City
of Tukwila, a political subdivision of the State of Washington, and King County, a political
subdivision of the state of Washington, primarily located at 201 S. Jackson, Suite 701, Seattle,
WA 98104.
WHEREAS, City of Tukwila has a Community Center with high public use, and in
need of window -sealing; and
WHEREAS, King County is facilitating programs in order to improve indoor air quality
in South King County; and
WHEREAS, select funding for building improvement programs, including the funding
anticipated for and by way of this Agreement, is being provided to King County by the State of
Washington, Department of Ecology ("Ecology"), by way of an Interagency Agreement entered
into by and between King County and Ecology; and
WHEREAS, some community building improvements such as window -sealing can
contribute to indoor air quality improvements; and
WHEREAS, King County and City of Tukwila (collectively, the "Parties") recognize
that collaboration offers an opportunity to improve the air quality in South King County through
community building improvements; and
WHEREAS, the Parties enter into this Agreement based on the understanding of the
Parties set forth below;
NOW, THEREFORE, City of Tukwila and King County mutually agree as follows:
Purpose and Scope of this Agreement.
The purpose of this Agreement is for King County to engage in a collaboration with and
provide the financial compensation necessary for City of Tukwila to complete the attached
work plan to improve indoor air quality in South King County ("Project") in 2025. In addition
to the duties of the Parties outlined below, Special Terms and Conditions are attached to this
Agreement as Appendix A and incorporated by reference herein.
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Contract No.: 2025-CitiesUF Services Agreement 5
A. Duties of King County
King County shall assist City of Tukwila in developing and finalizing scopes of
work with contractors to fulfil the Agreement, if such review is requested by City
of Tukwila.
2. King County shall be available to consult with City of Tukwila on questions related
to the Agreement or fulfilment of the work plan, if requested by City of Tukwila.
B. Duties of City of Tukwila
1. City of Tukwila shall use the funding provided by King County to complete the
work plan attached to the Agreement under Appendix B.
2. City of Tukwila shall act as project manager for, and conduct all contracting
responsibilities with, contractors retained to complete services to fulfill the
Agreement. City of Tukwila shall comply with all laws governing municipal
contracting for services of the type sought.
3. City of Tukwila shall consult with King County on implementation of the
attached work plan, if requested by King County.
4. City of Tukwila shall consult with King County to support King County
completing its Cultural Resources Review with the Washington State Department
of Ecology on the Project.
5. City of Tukwila shall provide the King County Project Manager (identified in
Section 4, below) with final documentation of project completion no later than
July 31, 2025.
2. Compensation. The total amount paid by King County for satisfactory performance
of the work under this Agreement may not exceed $44,800.00. City of Tukwila shall submit
to King County a monthly invoice outlining the work completed during that billing period by
the City of Tukwila. Appropriate documentation, including that of expenses incurred,
progress reports or draft deliverables if appropriate from the City of Tukwila and its
contractors, must be included with each invoice. Invoices shall be submitted to Nicole
Sanders, Building Decarbonization Program Manager. King County shall pay each invoice
from the City of Tukwila within thirty days of submittal.
3. Term. The effective date of this Agreement is upon signature by all parties below
("Effective Date"). No payments in advance or in anticipation of goods or services to be
provided under this Agreement may be made by King County. Any costs incurred prior to the
Effective Date of this contract will be at the sole expense and risk of the City of Tukwila. The
City of Tukwila shall not seek any compensation from King County under this Agreement for
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Contract No.: 2025-CitiesUF Services Agreement 5
work completed after June 30, 2025. A final invoice for this work shall be submitted no later
than June 30, 2025. The termination date of this Agreement is July 31, 2025.
4. Communications. The following persons are the contact person for all
communications regarding the performance of this Agreement:
King County
City of Tukwila
Project Manager: Nicole Sanders
Project Manager: Shawn Christie
Address:
201 South Jackson, Suite 701
Seattle, WA 98104
Address:
6200 Soutlicenter Blvd (Attn: Public Works)
Tukwila, WA 98188
Phone: 206-477-2680
Phone: 206 619-6495
E-mail address:
nicsanders(a kin count ov
E-mail address:
Shawn. Christie Tukwilawa. ov
5. Chanizes. The Parties may, from time to time, desire changes in the scope of services
performed under this Agreement. No change to this Agreement is effective unless made as a
written amendment, agreed and signed by both parties.
6. Early Termination. Either party may terminate this Agreement at any time for
convenience by giving a 30 -day written notice of such termination and by specifying the
effective date of the termination; provided that the termination must be preceded by a meeting
between King County and City of Tukwila. Upon termination of this Agreement, King
County, in addition to any other rights provided in this Agreement, may require City of
Tukwila to deliver to King County any property specifically produced or acquired as a result
of City of Tukwila funding. If King County terminates this Agreement for convenience, then
it is responsible to reimburse City of Tukwila for the costs it has incurred or are claimed by its
contractors that are attributable to work conducted to fulfill the Agreement up to the date of
termination. King County and City of Tukwila shall confer and reach agreement to the
amount owed by King County if King County terminates this Agreement for convenience.
7. Subcontracting. With the exception of contractors retained to complete the work
plan attached to this Agreement, neither party, nor any subcontractor of either party, may
enter into subcontracts for any of the services or work contemplated under this Agreement
without obtaining prior written approval of King County. In no event does the existence of
any subcontract operate to release or reduce the liability of City of Tukwila to King County
for any breach in the performance of City of Tukwila's duties.
Regarding subcontractors retained by City of Tukwila to complete the work plan
attached to this Agreement, City of Tukwila shall provide to King County the identity of all
subcontractors, including their name, the nature of services to be performed, address,
telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax
identification number (TIN), and anticipated dollar value of each subcontract. City of Tukwila
shall also identify whether each subcontractor is certified with OMWBE, WA Veterans, or is
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Contract No.: 2025-CitiesUF Services Agreement 5
a WA small business. This information shall be provided to King County a minimum of ten
(10) days prior to a given subcontractor starting work.
8. Availability Of Funds. Funds may not be presently available for this Agreement, but
are anticipated. Funding is anticipated to be provided to King County from Ecology, by way
of the Climate Commitment Act. The Parties' obligations under this Agreement are
contingent upon the availability of receipt of funds. No legal liability on the part of King
County for any payments may arise until funds are made available to King County for this
Agreement and until City of Tukwila receives notice of such availability, to be confirmed in
writing by King County.
9. Records, The Parties shall each maintain books, records, documents, and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
parry in the performance of the service(s) described herein. These materials shall be subject to
inspection, review, or audit by personnel of both parties, other personnel duly authorized by
either party, Ecology, the Office of the State Auditor, and federal officials so authorized by
law. All books, records, documents, and other materials relevant to this Agreement must be
retained for six years after expiration of this Agreement. Ecology, the Office of the State
Auditor, federal auditors, and any persons duly authorized by the Parties shall have full access
and the right to examine any of these materials during this period. Each party will utilize
reasonable security procedures and protections for all materials related to this Agreement. All
materials are subject to state public disclosure laws.
10. Rights in Data. Unless otherwise provided, data which originates from this
Agreement shall be "work made for hire" as defined by the United States Copyright Act, Title
17 U.S.C. section 101 and shall be owned by Ecology. Data shall include, but not be limited--
to,
imitedto, reports, documents, pamphlets, advertisements, books magazines, surveys, studies,
computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to
copyright, patent, and register these items, and the ability to transfer these rights. City of
Tukwila data shall not be sold or used for for-profit endeavors by King County.
11. Nondiscrimination. King County Code ("KCC") Chapters 12.16 through 12.19
apply to this Agreement and are incorporated by this reference as though fully set forth
herein. City of Tukwila and its subcontractors retained to complete the work plan attached to
this Agreement, if any, shall not, on the grounds of sex, race, color, marital status, national
origin, religious affiliation, disability, sexual orientation, gender identity or expression, or age,
except minimum age and retirement provisions and unless based upon a bona fide
occupational qualification, exclude any person from participation in, or deny any person the
benefits of, the work described by way of the attached work plan.
12. Assignment. The work provided under this Agreement, and any claim arising
thereunder, is not assignable or delegable by either party, in whole or in part, without the
express prior written consent of the other party.
13. Indemnification. Each party to this Agreement is responsible for its own acts and/or
omissions, and those of its officers, employees, agents and subcontractors.
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14. Compliance with All Laws and Regulations. Each party shall comply with all
applicable local, state, and federal laws, regulations and standards necessary for the
performance of this Agreement.
THIS Agreement is executed by the persons signing below, who warrant they have the
authority to execute this Agreement.
City of Tukwila
—Signed by:
E DS
r�e�
By:
Thomas Mc eod
Mayor
Date: 3/6/2025 1 3:28 PM PST
KING COUNTY
L'nQR1P7rQ7QAaQ
gned by
Auyissx 96
By
Marissa Aho
Director, King County Executive
Climate Office
3/7/2025
Date:
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Contract No.: 2025-CitiesUF Services Agreement 5
APPENDIX A
SPECIAL TERMS AND CONDITIONS
1) Archaeological And Cultural Resources
City of Tukwila shall take all reasonable action to avoid, minimize, or mitigate adverse effects
to archeological and historic archeological sites, historic buildings/structures, traditional
cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural
Resources.
City of Tukwila must agree to hold ECOLOGY harmless in relation to any claim related to
Cultural Resources discovered, disturbed, or damaged due to the CONTRACTOR's negligence,
including any subcontractor's negligence.
City of Tukwila shall:
a) If required by King County, contact ECOLOGY to discuss any Cultural Resources
requirements for the work/project:
• For state -funded construction, demolition, or land acquisitions, comply with
Governor Executive Order 21-02, Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic
Preservation Act of 1966 (Section 106).
• Cultural Resource Consultation and Review should be initiated early in the project
planning process and must be completed prior to expenditure of Agreement funds,
as required by applicable state and federal requirements.
b) If required by ECOLOGY, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY
prior to implementing any work/project that involves field activities. ECOLOGY will
provide the IDP form.
City of Tukwila shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff, volunteers and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the
project site.
c) If any Cultural Resources are found while conducting work under this Contract, follow the
protocol outlined in the project IDP.
• Immediately stop work and notify ECOLOGY, which will notify the Department
of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe,
and the local government.
• Notify King County.
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d) If any human remains are found while conducting work under this Contract, follow the
protocol outlined in the project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical
Examiner/Coroner's Office, the Department of Archaeology and Historic
Preservation at (360) 790-1633, and then notify ECOLOGY and King County.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable
local, state, and federal laws protecting Cultural Resources and human remains.
2) Climate Commitment Act Branding
This contract is supported with funding from Washington's Climate Commitment Act (CCA).
The CCA supports Washington's climate action efforts by putting cap -and -invest dollars to
work reducing climate pollution, creating jobs, and improving public health. Information
about the CCA is available at Home I Climate (wa. oovv).
Department of Ecology received funding from Washington's Climate Commitment Act
(CCA) for the work under this contract. To strengthen public awareness of how CCA funding
is used, the Office of the Governor is directing state agencies that administer funding or
manage a CCA -supported program to ensure consistent logo branding and funding
acknowledgments are used in all communications and included in funding agreements and
contracts.
The `'Climate Commitment Act" logo and funding acknowledgment make it easy for
consumers and the public to see how the state is using CCA funds to reduce climate pollution,
create jobs, and improve public health and the environment, particularly for low-income and
overburdened populations.
The logo branding and funding acknowledgments requirements apply to all contractors,
subcontractors, service providers, and others who assist the CONTRACTOR in implementing
this contract. CONTRACTOR is to contact ECOLOGY if unsure about how to apply CCA
requirements to the work under this contract.
For details on the CCA requirements review the below document.
Ur___"N
Directive 24-01 CCA
Branding Contract G
3) Subcontractor Payment Reporting Requirements — Access Equity
This Agreement is subject to compliance tracking of subcontractor(s) spend using the State's
business diversity management system, Access Equity (B2Gnow). Access Equity is web -
based and can be accessed at the Office of Minority and Women's Business Enterprises
(OMWBE) at https://omwbe.diversitycompliance.com/. All Subcontractor(s) shall report and
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Contract No.: 2025-CitiesUF Services Agreement 5
confirm receipt of payments made to it through Access Equity and may contact OMWBE at
Access Equity Help Center I Office of Minority and Women's Business Enterprises for
technical assistance in using the Access Equity system. User guides and documentation
related to Subcontractor access to and use of Access Equity are available online at
https://omwbe.wa.gov/access-equity-help-center. The Department of Ecology reserves the
right to withhold payments for non-compliance with this section. For purposes of this section,
Subcontractor means any subcontractor working on the Project, at any tier and regardless of
status as certified WMBE or Non-WMBE.
Per this Agreement, the City of Tukwila is considered a Subcontractor to King County's
contract with Ecology and as such shall:
i. register in Access Equity and complete the required user training (two (2)
one-hour online sessions).
ii. verify the amount and date of receipt of each payment from King County or a
higher tier Subcontractor, if applicable, through Access Equity.
iii. report payments made to any lower tier Subcontractors, if any, in the same
manner as specified herein.
iv. respond promptly to any requests or instructions from the Contractor or
system -generated messages to check or provide information in Access
Equity; and
V. coordinate with Contractor, or Ecology when necessary, to resolve promptly
any discrepancies between reported and received payments.
vi. require all lower tier Subcontractors to comply with these same provisions if
requested by King County or Ecology.
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Contract No.: 2025-CitiesUF Services Agreement 5
APPENDIX B
WORK PLAN
1. Project Description
This project will fund air -sealing windows at the Tukwila Community Center (TCC). The
TCC is a 55,000 square foot community center built in 1997, and is the programming hub for
the Tukwila Parks & Recreation Department as well as its headquarters. Tukwila Community
Center's layout includes multiple meeting rooms, an art classroom, teen, youth, and preschool
rooms, a fitness room, a commercial -grade kitchen, a senior lounge, a banquet hall, multiple
fitness studios, a dance studio, and a full gymnasium. The TCC is both a recreational facility
with scheduled programming and a community gathering space for residents.
There is known air leakage throughout the building where outside air is entering the building
uncontrollably through cracks and openings. Gaps and leaks in windows allow airborne
contaminants such as dust, pollen, and outdoor air pollution to infiltrate these indoor spaces.
By properly sealing all windows, the Tukwila Community Center can maintain cleaner indoor
air, reduce exposure to harmful pollutants, and enhance overall public health.
Window sealing is one strategy promoted by the United States Environmental Protection
Agency (EPA) to improve air quality. This funding will allow the City to significantly
improve indoor air quality at the TCC, thereby creating a healthier environment for residents,
visitors, and City staff, who utilize the facility daily.
This project aligns with broader County and State-wide environmental and public health goals
to reduce airport -related pollution impacts in south King County neighborhoods given its
close proximity to both Seattle -Tacoma International Airport and King County Airport, with a
combined 1,000+ flights per day.
2. Service Area Description
The Tukwila Community Center (TCC), located at 12424 42nd Ave S Tukwila, WA 98168, is
located about 2.1 miles from the Southern end of the King County International Airport and
3.2 miles from SEA international airport. The TCC provides programs and services for
community members ages 3 to 100. These services range from preschool, to before and after
school programming, to youth, adult, and senior athletics, to teen late-night programming, art
classes, special events, community rentals, and everything in between. These services, that
enable parents to work, kids to learn, seniors to age in place, everyone to get fit and be active,
and so much more, are provided with access for all ages, races, income -levels, abilities. The
TCC is truly a one-stop destination for our community, in an area that suffers from limited
access to similar facilities.
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Contract No.: 2025-CitiesUF Services Agreement 5
According to the WA Environmental Health Disparities' Map, the TCC Census tract ranks 10
out of 10, with a high number of environmental exposures including diesel exhaust emissions,
proximity to heavy traffic roadways, as well as enviromllental effects and sensitive
populations. Other vulnerabilities of the City of Tukwila's population are reflected within its
health risk factors, chronic disease prevalence, and general health status (2023 King County
City Health Profile Report):
- Those born in Tukwila have a life expectancy at birth of 79.1 years compared to
81.6 in King County and 79.7 in Washington State. This expectancy being lower
than that of King County was found to be statistically significant.
- 29.5% of adults 18 and older self-reported general health status as fair or poor
compared to 11.3% in King County and 14.9% in Washington State. This
proportion being higher than that of King County was found to be statistically
significant and was the worst ranked area of the 61 measured in the report.
- 36.2% of adults living within Tukwila are obese compared to 21.1% in King
County and 28.3% in Washington State.
- 20.6% of adults living within Tukwila reported having no leisure -time physical
activity compared to 14.8% in King County and 18.3% in Washington State.
- The diabetes -related death rate in Tukwila was 3 0. 1 per 100,000 population
compared to 18.6 for King County and 21.9 for Washington State.
According to the EPA, many reports and studies indicate that vulnerable populations such as
children, elderly, low-income, minority, and tribal and indigenous people may be
disproportionately impacted by indoor pollutants (Introduction to Indoor Air Quality, EPA,
2024). The City of Tukwila is a diverse community, with over two-thirds of its population
identifying as a race/ethnicity other than white. The prevalence of health risk factors, poor
general health status, lack of access to physical activity or healthy food, and many other
negative intersections of health, socioeconomics, and need within our community create a
demand for the programs and services offered by Parks and Recreation departments and the
TCC. This project will help the City maintain a healthy and safe facility for all users
3. Program Funding
All funds must be fully expended by June 30, 2025, and invoiced to King County.
Administration charizes cannot exceed 12 percent of the total award.
Table 1. Budget
Expenditures
IIAF Funding
1
Project Implementation
Contract or TCC window sealing.
$40,000
2
Administration
Pro'ect management, grant administration.
$4,800
Total
$44,800
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4. Climate Commitment Act (CCA) Acknowledgement Plan
The City of Tukwila will acknowledge the CCA through a project summary in one of the City
Administrators' weekly reports to City Council which will include an acknowledgement of
CCA funding. The City may also provide a short project update in the Hazelnut, the City's
regular newsletter that goes out to all residents/businesses in Tukwila.
Any written materials (newsletter, flyers, social media postings, etc) will acknowledge CCA
funding with the following text:
"The [PROGRAM NAME / GRANT / PROJECT NAME / ETC.] is supported with funding
from Washington's Climate Commitment Act. The CCA supports Washington's climate
action efforts by putting cap -and -invest dollars to work reducing climate pollution, creating
jobs, and improving public health. Information about the CCA is available at
www.climate.wa.gov."
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