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HomeMy WebLinkAboutFS 2012-06-19 COMPLETE AGENDA PACKETCity of Tukwila Distribution: D. Quinn Finance and Safety D. Robertson K. Kruller Committee V. Seal Mayor Haggerton D. Cline O De'Sean Quinn, Chair P. McCarthy O Dennis Robertson C.0'Raherty S. Kerslake O Kate Kruller K. Matej D. McOmber AGENDA TUESDAY, JUNE 19 2012 CONFERENCE ROOM #3, 5:15 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Financial Planning Model and Capital Improvement a. Information only. Pg.1 Program (CIP) update. Peggy McCarthy, Finance Director b. 2012 1st Quarter miscellaneous revenue report. b. Information only. Pg.5 Peggy McCarthy, Finance Director c. A contract for the Alive and Free Program. c. Forward to 6/25 C.O.W. Pg.13 Dennis McOmber, Po /ice Commander and 7/2 Regular Mtg. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, Ju /y3, 2012 S The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 433 -1800 or TukwilaCityClerk @TukwilaWA.gov) for assistance. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Finance Director DATE: May 30, 2012 SUBJECT: Financial Planning Model Attachment A and Attachment B Review ISSUE Review the layout and content of Attachment A and Attachment B of the Financial Planning Model, through 2012, for use in future financial planning. BACKGROUND Attachment A and Attachment B model the revenue and expenditures of most of the City's governmental funds. The funds included in the model are: Fund Fund Name 000 General Fund 103 Residential Streets 104 Arterial Streets 2 Debt Service 301 Land Acquisition Development 302 Facilities 303 General Government Improvements 304 Fire Improvements The governmental funds excluded from the model are: Fund I Fund Name 105 Contingency Fund 107 Fire Equipment Cumulative Reserve 109 Drug Seizure These funds are excluded from the model because they were established for very specific purposes, and as such, are not available for general government activities. Revenues on Attachment A exclude transfers between the funds included in the model, exclude grant revenue received for capital projects and exclude financing proceeds. Capital expenditures on Attachment B include only those costs paid for from City operations. The amounts exclude expenditures financed through grants and debt proceeds. DISCUSSION The model is used to identify trends, assess the general financial health of the City and to determine amounts available for projects and other special purposes. Line 25 of Attachment A shows the amount of funds available for projects or special purposes after net expenditure for 1 INFORMATIONAL MEMO Page 2 general government services and debt service. The model has been updated with actual amounts for the years 2009, 2010 and 2011 with accounts consistently categorized in each of the years. In the past, categorization of certain accounts has been inconsistent such as sales tax mitigation revenue (originally reported with intergovernmental revenue for 2009, now reported with sales tax revenue). Changes to Attachment A 1. Line 25, Available after Payment of Debt Service, has been added to show the amount available for project or Contingency reserve funding after general government services and debt service has been paid. 2. The line item, Estimated unfunded PERS, has been removed. All reserves deemed necessary, including this reserve, should be incorporated into the reserve policy and should be funded through the Contingency fund. Changes to Attachment B: 3. Transfers to enterprise funds, the Fire Equipment and Drug Seizure funds and additional advancements on the Metropolitan Park District loan have been added to the model to provide more precise and accurate results. Change to Attachment A B: 4. An adjustment column has been added to the right of the 2012 budget column to reflect changes in estimates and their effect on the model. Adjustments have been added to the draft to: a. bring revenues more in line with prior year actual results and anticipated results, b. adjust the debt service to the underlying debt service schedules, c. reduce capital expenditures for General Government Improvements to reflect estimated funding from the King County Flood District for the removal of the Green River temporary levies the Hesco fences and Super Sacks (75% of $1850 budgeted). d. Total expenditures on Attachment B have not been adjusted, since in the past, departments have underspent their budgets by 3 to 4% Next Steps: The model will be updated as more information becomes available through development of the biennial budget. A preliminary Attachment C, containing Capital Improvement projects contemplated for 2013 2018 has been developed and will be discussed with the Committee at a later date. FINANCIAL IMPACT None. For discussion only. RECOMMENDATION Information Only. ATTACHMENTS Draft Attachment A 2009, 2010, 2011 Actuals, 2012 Budget and 2012 Projections Draft Attachment B 2011 Actuals and 2012 Budget W TIN ProjectslCouncil Agenda Items12012\lnfoMemo_Financial Reporting Model, Attachment A B.docx 2 ATTACHMENT A CITY OF TUKWILA TOTAL REVENUES EXPENDITURES Model Years 2013 2018, in 000's 2009, 2010, 2011 Actuals and 2012 Budget Analysis 36 (Accumulated Totals 21,918 20,921 16,397 1 17,092 83 17,175 2013 2018 Financial Planning Model VI l 0513012012 2009 2010 2011 2012 2012 REVENUES (see A-1) Actual Actual Actual Budget ADJ Projected General Revenues 1 Sales Tax 16,656 16,390 17,331 16,248 16,248 2 Property Taxes 12,190 13,189 13,427- 13,868 13,868 3 Utility Taxes 4,359 4,064 4,052 4,840 4,840 4 RGRL 0 0 1,641 1,975 (300) 1,675 5 LID Assessment 0 6 Sale of property 947 0 7 1,300 (300) 1,000 7 Interfund Utility Taxes 1,813 1,498 1,372 1,524 (100) 1,424 8 Gambling Taxes 2,457 1,981 1,472 2,502 (600) 1,902 9 Contract Agreement SCL 1,967 2,071 2,110 2,050 100 2,150 10 Charges /Fees for Services 2,998 4,049 3,938 4,465 (300) 4,165 11 Transfers In Other Funds 1,631 1,696 1,889 1,571 300 1,871 12 Intergovernmental Revenue 2,377 1,166 1,429 894 400 1,294 13 Other Taxes /Miscellaneous 1,293 1,211 1,082 1,313 1,313 14 Subtotal 48,690 47,314 49,751 52,550 (800) 51,750 CAPITAL Dedicated Revenues 15 Real Estate Excise Taxes 257 379 256 201 201 16 Motor Vehicle Taxes 393 394 460 345 345 17 Investment Interest/Misc. 242 131 156 23 23 18 Property Taxes 12 0 (0), 65 65 19 Parking Taxes 156 144 153 111 111 20 Subtotal 1,060 1,047 1,025 745 0 745 21 TOTAL REVENUE AVAILABLE 49,750 48,362 50,776 53,295 (800) 52,495 EXPENDITURES 22 Operations Maintenance 46,472 45,104 44,780 46,615 0 46,615 (See Attachment B) 23 Admin /Engineering Overhead 497 552 516 403 403 24 Debt Service 2,611 2,307 2,569 2,909 504 3,413 25 Available after Payment of DS,' 170 399 2,911 3,368 (1,304) 2 26 Transfer to Contingency Fund 0 0 566 3,000 0 3,000 Subtotal Available 170 399 2,344 368 (1,304) (935) Cabital- Attachment C 27 Residential Streets 0 300 (0) 650 650 28 Arterial Streets 5,407 295 6,089 (3,715) (3,715) 29 Park Acq /Development (484) 272 99 459 459 30 Facilities 160 13 9 87 87 31 General Govt Improvmntsl' 562 517 830 2,242 (1,387) 855 32 Fire Improvements (0) (0) (158) (50) (50) 33 Subtotal Capital 5,646 1,396 6,869 (327) (1,387) (1,714) 34 Balance by Year (5,475) (997) (4,524) 696 83 779 35 Carryover 27,394 21,918 20,921 16,397 16,397 36 (Accumulated Totals 21,918 20,921 16,397 1 17,092 83 17,175 2013 2018 Financial Planning Model VI l 0513012012 ATTACHMENT B City of Tukwila General Fund Operations Maintenance Expenditures Model Years 2013 2018, in 000's 2011 Actuals and 2012 Budget Analysis 4 2013 2018 Financial Planning Model XI EXPENDITURES City Council Mayor, Boards Human Resources Finance City Attorney Parks /Recreation Prk Mnt Community Development Municipal Court Police Fire Information Technology Public Works /Streets Dept. 20 Miscellaneous Transfers to Water Fund Transfers to Golf Course Transfers to Fire Equipment. Transfers to Drug Seizure Loan to MPD TOTAL EXPENDITURES 2011 2012 2012 Actuals 2012 Budget ADJ Projected 244 270 2,218 2,544 488 573 1,447 1,603 648 543 3,496 3,465 2,560 2,859 9451 994 14,296' 14,198 9,814 10,308 1,047 1,154 5,718 6,290 589 553 98 106 775 225 130 130 75 75 191 725 44,780 46,615 05/30/2012 10] FROM: BY: DATE: SUBJECT City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Peggy McCarthy, Finance Director Jennifer Ferrer -Santa Ines, Senior Fiscal Coordinator June 13, 2012 Sales Tax and Miscellaneous Revenue Report -1 Quarter 2012 CURRENT YEAR ACTUAL PRIOR YEAR ACTUAL Month New Collected Recived Constr Jan Mar 85 Feb Apr 63 Mar May 48 1st Qtr. 196 Change Actual 1,174 Prorated BUDGET 118 BUDGET variance Variance 3,603 (253) -7.03% INCREASE (DECREASE) ACTUAL New Other TOTAL New Other TOTAL Constr 944 1,029 54 1,036 1,099 76 1,174 1,222 118 3,154 3,350 N 248 3,603 (253) -7.03% INCREASE (DECREASE) ACTUAL New Other TOTAL Constr Other TOTAL 985 1,039 31 (41) (10) 967 1,043 (13) 69 56 1,334 1,452 (70) (160) (230) 3,286 3,534 1 (52) (132) (184) -21% 4% -5.2% Total sales tax collections for first quarter were $184K below the same quarter in the previous year and were $253K less than prorated budget representing a 7% negative variance. New construction sales tax collections for first quarter were $52K below the same quarter in the previous year resulting in a 21% decrease. As of March 31 the City has collected $301,763 in sales tax mitigation which is 25% of the percentage of annual mitigation budget. 9 INFORMATIONAL MEMO Page 2 Schedule II shows the year -to -date sales tax from the top ten industry classifications. Food Services had the highest year over year increase at $39,065 or 12.2 and Miscellaneous Store Retailers had an increase of $19,909 or 17 Schedule Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected year -to -date. Schedule III Group Name YTD YTD 423 Dollar Group Name Current Prior Specialty Trade Contractors Diff. Diff. 448 Clothing and Accessories $434,693.13 $437,147.78 (2,455) 0.56% 452 General Merchandise Stores $415,037.77 $423,952.45 (8,915) -2.10% 722 Food Services, Drinking Places $358,354.45 $319,289.28 39,065 12.24% 443 Electronics and Appliances $312,511.01 $377,089.80 (64,579) 17.13% 423 Wholesale Trade, Durable Goods $213,087.29 $253,385.71 (40,298) 15.90% 441 Motor Vehicle and Parts Dealer $153,609.89 $142,236.60 11,373 8.00% 453 Miscellaneous Store Retailers $136,754.54 $116,845.44 19,909 17.04% 451 Sporting Goods, Hobby, Books $129,319.14 $140,470.11 (11,151) -7.94% 721 Accommodation $106,463.87 $99,772.83 6,691 6.71% 444 Building Material and Garden $105,701.48 $103,635.97 2,066 1.99% Mitigated NAICS Code Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected year -to -date. Schedule III Group Name 443 Electronics and Appliances 423 Wholesale Trade, Durable Goods 236 Construction of Buildings 532 Rental and Leasing Services 238 Specialty Trade Contractors 446 Health and Personal Care Store 451 Sporting Goods, Hobby, Books 452 General Merchandise Stores 541 Professional, Scientific, Tech 517 Telecommunications Mitigated NAICS Code YTD YTD Dollar Current Prior Diff. Diff. 312,511.01 377,089.80 (64,579) 17.13% 213,087.29 253,385.71 (40,298) 15.90% 102,018.99 136,395.57 (34,377) 25.20% 75,670.34 98,427.51 (22,757) 23.12% 84,429.31 103,453.83 (19,025) 18.39% 45,922.79 64,534.20 (18,611) 28.84% 129,319.14 140,470.11 (11,151) -7.94% 415,037.77 423,952.45 (8,915) -2.10% 44,214.87 50,253.04 (6,038) 12.02% 85,672.14 89,492.38 (3,820) -4.27% WARN ProjectslSales Tax Information1201211nfo Memo (Fin Director Final) Sales Tax 05312012 (2).docx 6 INFORMATIONAL MEMO Page 3 Below is Schedule IV which shows quarterly gambling tax receipts for last year, and the current year to date. Schedule IV Gambling Tax 2012 INCREASE (DECREASE) Sales 2011 2012 Prorated Actual Budget Quarter Actual Actual Budget Amount Amount Q1 475,118 465,494 625,536 I 9,624) -2.03% (160,042) 25.58% gambling tax currently includes card games, punch boards, pull tabs, and amusement games Gambling receipts for the first quarter is 2.03% lower compared to gambling revenue for the same quarter in the previous year and 25.58% below budget. One casino remains delinquent and still owes $63K on their second quarter 2011 taxes. Year -to -date we have received $34K in back taxes from this casino. We continue to collect the current outstanding amount as according to the signed Installment Payment Agreement between the City and the casino for gambling tax arrears. Below is Schedule V which shows monthly admission tax receipts for the prior year and current year to date. Schedule V -Admissions Tax Sales 2011 2012 Quarter Actual Actual Jan 31,217 34,787 Feb 30,403 38,212 Mar 39,696 49,479 Q1 Totals 101,316 122,478 excludes golf course admissions tax 2012 INCREASE (DECREASE) Prorated Actual Budget Budget Amount Amount 48,917 3,570 11.44% (14,130) 28.89% 48,917 7,809 25.68% (10,705) 21.88% 48,917 9,783 24.65% 562 1.15% 146,751 1$ 21,162 20.89% (24,273) 16.54% Admission tax receipts are currently 16.54% below budget for the year, and nearly 21 above prior year actual receipts. Please let me know if you have any comments or questions. Thank you. Attachments Sales Tax Summary 15 -month Sales Tax History Chart WAFIN ProjectslSales Tax Information1201211nfo Memo (Fin Director Final) Sales Tax 05312012 (2).docx 7 x sales tax summary 1st quarter 2012 10 15 month sales tax history 12 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Mike Villa, Chief of Police DATE: May 11, 2012 SUBJECT: Alive and Free Program ISSUE The Police Department and City Administration is seeking Council approval to sign a memorandum of understanding with the Valley Cities for implementation of the joint funding program, Alive and Free. Tukwila's portion of this program totals $60,000, with half of it funded from A Better Seattle, and the other half funded from the City's Drug Forfeiture Accounts in 2012. BACKGROUND In 2011 Tukwila Police staff, along with other valley police agencies, came together to explore a gang violence prevention program. A Better Seattle (A community relations program led by the Seattle Seahawks) and the YMCA of Greater Seattle Alive Free have partnered with us. The proposed program hires and trains "Street Outreach Workers" to address youth gangs in south King County. The program is currently active in Seattle and used effectively in Los Angeles, Baltimore, Chicago, and Washington DC, among other cities. Street outreach workers are members of the community they serve, have knowledge of street and gang culture, are vetted and trained, mediate and diffuse violence, prevent retaliation and intervene in conflicts to prevent escalation of violence. The street workers will also engage gang involved youth with service providers who can deliver case management, employment, education, counseling, and mentoring assistance. The partnership program requires the following in order to implement: 1. Partners signing an MOU agreement 2. Cities funding the program at 50% 3. A Better Seattle funding match of 50% 4. Alive and Free recruiting, hiring, and training street outreach workers 13 INFORMATIONAL MEMO Page 2 The purpose of the attached proposed MOU is to establish a cooperative arrangement between the Valley Cities Mayors Coalition that authorizes a lead city (Auburn) to contract on our behalf with the YMCA of Greater Seattle Alive and Free. Should Tukwila choose to participate in this program, we would have the benefit of a direct resource to address gang violence. FINANCIAL IMPACT Funding of each outreach worker is estimated at $60,000. A Better Seattle and the Valley Cities would share this cost equally. The objective of the Valley cities is to fund at minimum four full time positions. The City of Tukwila's annual contribution to fund the program is $30,000. There are no funds allocated in the police department or city budget for this initiative in 2012. Given the nexus between gangs and illegal narcotic manufacturing and distribution we will fund the first year from the drug asset forfeiture account. Funding for 2013 and 2014 will be determined during the city budget planning process. RECOMMENDATION The Finance and Safety Committee is being asked to forward this item for consideration at the June 25, 2012 Committee of the Whole meeting and subsequent July 2, 2012 Regular Meeting. ATTACHMENTS Memorandum of Understanding of a Joint Funding Program City of Auburn Agreement of Services WA2012 Info Memos- CoundhAliveFree.doc 14 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF AUBURN, KENT, RENTON, TUKWILA, ALGONA, PACIFIC, FIFE, PUYALLUP AND SUMNER FOR PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT FUNDING PROGRAM. THIS MEMORANDUM OF UNDERSTANDING "MOU is entered into pursuant to Chapter 39.34 RCW by the Cities of Auburn, Kent, Renton, Tukwila, Algona, Pacific, Fife, Puyallup and Sumner, Washington hereinafter referred to as "Cities to provide for planning, funding, and implementation of a joint funding program. WHEREAS, the Cities engage in activities which support service providers in King County; and WHEREAS, the parties wish to make the most efficient use of their resources by cooperating to provide funding to support service providers in south King County; and WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to engage in cooperative efforts which result in more efficient use of Government resources. NOW THEREFORE, and in consideration of the terms, conditions and performances made herein, it is agreed as follows: 1. Purpose of MOU: The purpose of the MOU is to formalize a cooperative arrangement between the Cities and a coalition of the mayors of the Cities colloquially known as the "Valley Cities Association" for the purpose of addressing shared community issues, including, but not limited to gang prevention and intervention. 2. Joint Participation. a) Lead Citv. One of the party Cities will serve as Lead City and will be designated by the Cities for contracting, with the Lead City determined as shown in Exhibit A, a copy of which is attached hereto and incorporated herein by this reference, to act as the fiscal and administrative agent for the Cities. The responsibilities of the Lead City are described in Section 4. b) Participating Citv. A Participating City is a city participating in the cooperative funding, who is not the Lead City. Participating Cities are identified in Exhibit A. A Participating City shall review quarterly reports from the contracted agencies to provide services related to the shared community issues, such as gang prevention and intervention. If a Participating City becomes concerned with the Agency's services, it will promptly notify the Lead City. If a Participating City determines that the Agency is not performing satisfactorily for their city, the Participating City reserves the right to request the Lead City to withhold payments to the Agency for their share of 15 Joint Funding MOU Page 2 of 7 funding. In the event that a claim or lawsuit is initiated by the Agency against any City for withholding payment, the City requesting the withholding of payment shall be responsible for settling or defending the claim or lawsuit. In addition, in the event of any settlement of or judgment on the claim or lawsuit, the City requesting that payment be withheld shall be fully responsible for the payment of such settlement of judgment and shall indemnify, defend, and hold harmless the other Cities for such settlement or lawsuit. 3. Funding ArranLyement. a) Allocation. Each Participating City shall provide to the Lead City no later than March 31 st of each year, the total annual funding allocation approved for the Agency, as described in Exhibit A. No administrative costs shall be imposed by the Lead City to the participating Cities. Exhibit A will be updated each year to show the contracted Agency(ies), Lead City, participating Cities, and funding amounts for that calendar year. b) Return of Unspent Funds. Any monies that the Agency(ies) does not spend during the calendar year shall be proportionately returned to each Participating City. On or before March 31" of the next calendar year the Lead City will provide the unspent funds to each participating City. 4. Resnonsibilities of Lead Citv. A Lead City has been designated to act as the fiscal and administrative agent on behalf of the Cities for the Agency, as shown in Exhibit A. The responsibilities of the Lead City shall include the following: a) Send an invoice to each Participating City by January 30 of each year for their annual approved allocation to the Agency. b) Contract with the Agency each year, for the total funding allocated by the Participating Cities, detailing performance measures to be performed by the Agency for each City. c) Receive, review, and process the quarterly invoices and reports from the Agency. Quarterly reports shall describe services provided specifically to each City. Disputes regarding billings will be resolved among the Participating Cities. d) Provide copies of quarterly reports to the Participating Cities, if the reports are not provided directly by the Agency. e) Provide the Agency with a funding application and technical assistance as required. f) Perform an annual monitoring visit of the Agency, to include the participation of another Participating City. g) Maintain accounts and records which properly reflect transactions related to this MOU. 5. Duration. This MOU shall become effective when it is approved by a majority of the Cities and shall remain in effect through December 31, 2012, with automatic extensions annually, unless terminated as described in section 6. 16 Joint Funding MOU Page 3 of 7 6. Termination. Any party may terminate its participation in the MOU without cause by giving the other Cities a thirty day written notice. The terminating party shall remain fully responsible for meeting its funding responsibilities and other obligations established by this MOU through the end of the calendar year in which such notice is given. 7. Notices. Notices to the Cities shall be sent to the following persons: City Contact Auburn Michael Hursh, Administration Kent Renton Tukwila Algona Pacific Fife Puyallup Sumner 8. Indemnification. Each City agrees to indemnify the other Cities from any claims, damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused by the sole negligence or willful misconduct of such City, the City's employees, affiliated corporations, officers, and lower tier subcontractors in connection with this MOU. Each City hereby waives its immunity under Title 51 of the Revised Code of Washington for claims of any type brought by any City agent or employee against the other Cities. This waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is expressly made the consideration for this waiver. 9. Insurance. Each City shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. In the event that a City is a member of a pool of self- insured cities, the City shall provide proof of such membership in lieu of the insurance requirement above. Such 17 Joint Funding MOU Page 4 of 7 self insurance shall provide coverage equal to or greater that required of non -self insurance pool member Cities. 10. Oversight Committee. This Agreement shall be managed by an Oversight Committee made up of one representative of each City. The representative of each City shall be designated in section 7 of this Agreement. The Oversight Committee shall meet at least annually to discuss the terms of the Agreement and manage the services provided pursuant to the Agreement. 11. Annlicable Law: Venue: Attornev'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 exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. 12. Signed Counterparts. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this day of .2012 CITY OF AUBURN By: Approved As To Form: Title: Date: Attest: CITY OF KENT By: City Attorney Approved As To Form: Title: City Attorney Date: Attest: M; Joint Funding MOU Page 5 of 7 CITY OF RENTON By: Title: Date: Attest: CITY OF TUKWILA By: Title: Date: Attest: CITY OF ALGONA By: Title: Date: Attest: CITY OF PACIFIC By: Title: Date: Attest: Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney Approved As To Form: City Attorney 19 Joint Funding MOU Page 6 of 7 CITY OF FIFE By: Title: Approved As To Form: Date: City Attorney Attest: CITY OF PUYALLUP Approved As To Form: Title: Date: City Attorney Attest: CITY OF SUMNER By: Title: Approved As To Form: Date: City Attorney Attest: Joint Funding MOU Page 7 of 7 EXHIBIT A to Memorandum of Understanding (MOU) between the Valley Cities Association for planning, funding, and implementation of joint funding program. CALENDAR YEAR 2012 Name of Agency YMCA of Greater Seattle Alive Free Program Participating Cities Tentative Funding Auburn Lead City $30,000 Kent $30,000 Renton $30,000 Tukwila $30,000 TOTAL $120,000 21 22 JA 1 CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into this day of 2012, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereafter referred to as the "CITY and "YMCA OF GREATER SEATTLE ALIVE FREE" which is located at 909 Fourth Avenue Seattle. WA 98104, a non profit corporation organized under the laws of the State of Washington, hereafter referred to as the "AGENCY." WHEREAS, the AGENCY provides a valuable service to the CITY and its residents through the provision of services for high risk youth and community safety; and WHEREAS, the CITY is interested in continuing support of the Alive Free program, including development of additional resources and service sites; WHEREAS, the CITY entered into a Joint Funding Memorandum of Understanding with the cities of Renton, Tukwila, Kent, Algona, Pacific, Fife, Puyallup and Sumner (collectively, the "Cities that allows the City to jointly fund and monitor a single contract with Alive Free for gang prevention and intervention services; and WHEREAS, it is the CITY'S responsibility to enter into an agreement with the YMCA's Alive Free Program on behalf of the Cities which are party to said Memorandum of Understanding; NOW, THEREFORE, In consideration of the covenants and conditions of this Agreement, the parties agree as follows: I. PURPOSE The purpose of this Agreement is to provide for an appropriation to the AGENCY in exchange for the Agency's provision of the services set forth in this Agreement to participating city's residents during the 2012 term. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 1 of 8 23 11. SCOPE OF SERVICES The AGENCY agrees to provide services, as described in the Exhibits incorporated herein by this reference as if fully set forth. I11. TERM The term of this Agreement shall commence on January 1, 2012 and shall expire on December 31, 2012. IV. PERFORMANCE REPORTS AND COMPENSATION A. The AGENCY shall provide to the CITY within 15 days of the close of each calendar quarter a status report containing program statistics regarding the type and level of services provided to the participating cities, as well as financial information pertaining to the contract agreement and expenditures. Format and contents of these reports are set forth in Exhibits 1 to 5 to this Agreement, which are incorporated herein by this reference. B. The AGENCY shall prepare and submit to the CITY two program evaluation reports in the format commonly referred to as "outcomes reports" which will show the intended linkages between the activities conducted and the changes the activities will produce. These reports shall contain information as set forth in Exhibit 5 to this Agreement, and shall be submitted to the CITY at the end of the first and last quarters. C. As full and total payment for the services provided under this Agreement, the CITY agrees to Dav the AGENCY uD to $120.000 per a vear as set forth in the Exhibits. The CITY will pay an amount equal to one quarter of the total amount within thirty (30) days following the CITY's receipt of quarterly invoices. The required format and content of quarterly invoices is set forth in the Exhibits to this Agreement, and is incorporated herein by this reference. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 2 of 8 24 V. INDEMNIFICATION AGENCY shall defend, indemnify and hold the CITY and the Cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the AGENCY in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY or Cities. 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 AGENCY and the CITY or Cities, their officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Agency's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Agency'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. INDEPENDENT CONTRACTOR /ASSIGNMENT The parties agree and understand that the AGENCY is an independent contractor and not the agent or employee of the CITY or any of the Cities, and that no liability shall attach to the CITY or any of the Cities by reason of entering into this Agreement except as provided herein. The services required of the AGENCY under this Agreement may not be assigned or subcontracted by the AGENCY without the prior written consent of the CITY. VI. INSURANCE The AGENCY shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or property which may arise from or in connection with services provided by the AGENCY, it agents, employees or volunteers under this Agreement. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 3 of 8 25 The AGENCY agrees to provide comprehensive general liability insurance and shall maintain liability limits of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit coverage per occurrence for bodily injury, personal injury and property damage. Where professional services are provided as part of the services rendered pursuant to this Agreement, as shown in Exhibit 1, the AGENCY shall also provide and maintain professional liability coverage including errors and omissions coverage in the minimum liability amount of ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. Any deductibles or self insured retentions in either policy must be declared to and approved by the CITY. At the option of the CITY either: The insurer shall reduce or eliminate such deductibles or self insured retentions as respects the CITY, its officials and employees; or, the AGENCY shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The policies are to contain or be endorsed to contain the following provisions: 1) GENERAL LIABILITY COVERAGE The CITY, its elected and appointed officials, employees and agents are to be covered as additional insured as respects: liability arising out of services and activities performed by or on behalf of AGENCY, its employees, agents and volunteers. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its elected and appointed officials, employees or agents, or its contract partners the Cities. 2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES (a) The AGENCY's insurance coverage shall be primary insurance as respects the CITY, its officials, employees and agents. Any insurance or self insurance maintained by the CITY, its officials, employees or agents shall be in excess of the AGENCY's insurance and shall not contribute with it. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 4 of 8 26 (b) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the CITY, its officials, employees or agents. (c) Coverage shall state that the AGENCY's insurance shall apply separately to each insured against whom a claim is brought or suit is brought except with respect to the limits to the insurer's liability. (d) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or reduced in coverage, or in limits unless prior written notice has been given to the CITY by certified mail return receipt requested at least thirty (30) days in advance of any such suspension voiding, cancelation or reduction in coverage, or in limits. The AGENCY agrees to provide copies of the Certificates of Insurance to the CITY at the time that this Agreement takes effect. (e) The AGENCY shall furnish the CITY with Certificates of Insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY reserves the right to require complete, certified copies of all required insurance policies at any time. (f) The AGENCY shall include all volunteers, employees and agents under its policies or shall furnish separate certificates and endorsements for each. All coverage for volunteers shall be subject to all the requirements stated herein. VII. NONDISCRIMINATION The AGENCY shall not discriminate in any services or programs to which this Agreement may apply directly or through contractual or other arrangements on the grounds of any protected class status as defined by any national, state or local laws or ordinances City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 5 of 8 27 including but not limited to race, color, creed, religion, national origin, sex, sexual orientation, age, or the presence of any sensory, mental or physical handicap. VI11. BOOKS AND RECORDS The AGENCY agrees to maintain separate accounts and records in accordance with State Auditor's procedures, including personnel, property, financial and programmatic records which sufficiently reflect direct and indirect costs and services performed under this Agreement. The AGENCY agrees to maintain all books and records relating to this Agreement for a period of three (3) years following the date that this Agreement is expired or otherwise terminated. The parties agree that the CITY may inspect such documents upon good cause at any reasonable time within the three (3) year period. IX. TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon thirty (30) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. X. 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. XI. ENTIRE AGREEMENT: MODIFICATION. This MOU, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the AGENCY and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this MOU shall be of any force or effect unless it is in writing and signed by the parties. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 6 of 8 RQ A. The AGENCY agrees to submit a report to the CITY no later than the last quarterly invoice date, describing the progress and activities performed for the previous year's scope of services. B. This Agreement shall be governed by the laws, regulations and ordinances of the City of Auburn, the State of Washington and where applicable, Federal laws. C. The AGENCY agrees to conduct its activity in such a manner as to coincide with the goals identified in the attached Memorandum of Understanding. The AGENCY understands that the performance indicators established in the Memorandum will be used by the City as a measurement tool in determining if the goals have been achieved. D. The CITY and the AGENCY respectively bind themselves, their successors, volunteers, assigns and legal representatives to the other party to this Agreement and with respect to all covenants to this Agreement. E. This Agreement represents the entire and integrated Agreement between the CITY and the AGENCY and supersedes all prior negotiations. This Agreement may be amended only by written instrument signed by both the CITY and the AGENCY. F. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including attorney's fees and expenses and court costs shall be paid to the substantially prevailing party. G. The AGENCY agrees to comply with all local, state and federal laws applicable to its performance under this Agreement. City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 7 of 8 29 DATED this day of CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney YMCA OF GREATER SEATTLE TITLE: STATE OF WASHINGTON )ss COUNTY OF KING 2012. On this day of 2012, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared to me known to be the of the YMCA, the non profit corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non profit corporation for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument on behalf of said non profit corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth. NOTARY PUBLIC in and for the State of Washington, residing in MY COMMISSION expires: City of Auburn Agreement: YMCA of Greater Seattle Alive Free program April 1, 2012 Page 8 of 8 30 CITY OF URN WASHINGTON To: CITY OF AUBURN, ATTN: Michael Hursh 25 WEST MAIN STREET, AUBURN WA 98001 Agency: YMCA of Greater Seattle 909 Fourth Avenue Seattle, WA 98104 V Program: YMCA Alive Free Contact, Title: Eleuthera Lisch, Director Phone: 206 382 -5245 Email: elisch @seattleymca.org Amount Requested: Invoice for: N/A 2 nd Quarter, April to June Due: July 15, 2012 3 rd Quarter, Julv to September Due: October 17, 2012 4th Quarter, October to December Due: January 31, 2012 Attachments: Quarterly Service Report Quarterly Financial Report T..... Demographic Report (2 "d and 4 th Quarters only) Service Unit Report Outcomes Report (1 Qtr. identified and 4th Qtr. data due) Proof of Insurance (1 Quarter or if expired) I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to Auburn residents. Signature of Authorized Representative Date The City of Auburn will issue payment upon this invoice within forty -five (45) business days of receipt. To ensure prompt payment, please submit this form and all required attachments by the date listed above. FOR CITY OF AUBURN USE ONLY: Contract Amount: Payments Year to Date: Payment this invoice: Authorized to Pay: Signature CITY OF AUBURN Contract Balance: Date 31 Agency: YMCA of Greater Seattle Program: Alive Free Report for 1S Qtr /Jan -Mar Cost Categories 1 Personnel /Agency Services, Crisis Line and 2 -1 -1 2 Office /Operating Supplies 3 Consultant or Purchased Services 4 Direct Client Assistance 5 Communications 6 Travel Training 7 Intra- Agency Support 8 Other per Detail Grand Total CITY OF AUBURN 2012 Quarterly Financial Report Date: —2 nd Qtr /Apr -Jun Budget This Award Request 3 rd Qtr /Jul -Sep Cumulative to date $1 Requested Reimbursement: South King County YMCA Alive Free Program Funding Funding Source Outreach Workers South King County Coordinator City of Auburn $30,000 City of Kent $30,000 City of Renton $30,000 City of Tukwila $30,000 King County Superior Court $40,000 4 th Qtr /Oct -Dec Award Balance A Better Seattle/ Seahawks Match $30,000 $30,000 $30,000 $30,000 32 Agency: YMCA of Greater Seattle Program: Alive Free Category Client Auburn Residence's Kent Renton "List all clients Tukwila served in this Unincorporated. King County category. Other: In all other categories list Unknown participating TOTAL cities' clients only. Client 30% of median or below Income 50% of median or below Level 80% of median or below Above 80% of median Unknown TOTAL Client Female Gender Male Client 0 -4 Age 5 -12 13 -17 18 -34 35 -54 55 -74 75+ Unknown TOTAL Ethnicity/ Asian /Pacific Islander Cultural Black/African American Background Hispanic /Latino Native American/ Alaskan Native White /Caucasian Other Unknown TOTAL Condition Disabling Condition ESL Limited English Speaking Household Female- Headed Household Male- Headed Household 2 0 j CITY OF AUBURN 2012 Demographic Report Date: I i s, 2 1 3 ra 1 4 1 Total YTD 33 ymca alive and free service agreement city of auburn joint human service agreement 2012 scope of services and quarterly service unit report outreach workers O U N 9 O O O 06 O w O N p U U N O L O C:L G N O CG p p O C: p d co N O U N Z U p N ul j- Cll Y U p O ul (D O N 00 O O N tu co CG :3 Q N j_ O O O•• E lu E cv C t{ o CD T O L) •S2 yy L p as U O CO tt$ N m co O E YO Ul 7 O (z a) 4L1 GG 0 0 o cn o z� (D o v g d L N N O U O O 1 i R U- .a) C� L N O C2 N N 7 LL1 N O N Q O C15 U7 U O N cn a N¢ N CD E C: O CO ZS CY) Cti O N Q (D a T- o QL) co C c E o cn td L J (D z apt v c' `r N 0 cs o x ,o U IIVV Z Q cu o6' li o tr cn U s? ca m U o o [C o r, yam 0 Q 4V 0 L l/ O 15 0- -p o c 5 t N S a O 0 C O 0 0�7 U U U- N O U cc G -O O U d Zi L t33 O a2S as O p O tll O N 01 U N Y Y O> U U i17 Q �i O G Q to cz -a o N U1 y U v sz os co ice �+c 0 0 U o W 0 co a W 7 p 0 d o LL C6 0 o 0 0 a o C) UJ u CC Y U co O (ll v cz 0 UL- 0 1• 70 CY) 70 c co CM cz 0 0 0 to N 0- cz 0 70 0 0 o 0 C) C/) 7C3 (z U) a 0) CM 0) cz cz CD cz cz cri co CY) _0 0 (1) 70 _0 cz cz 0 (z 0 L) C: E c: 0 cz (D E 0 0 U) Q) 0 0 U) cz _0 a) CL 0 c 9 ui cz C: (z a) 0) 0 cz 0) 70 0 cm C: =3 Q) U) C.) 0 cz a) CL _0 -0 0 0 Z 0) 0 c (Z CL (D 0)— (D 0 w 0 cz cz (D 0 6 N U) U) U) C: U) 6) 0 0) U) c N 0 LU C =5 CL 0 0 CL =3 U) 0 70 'Z- U) 0 CJ) C15 CZ E E cn -r- CZ m W 0 (D C: C: U) cz 0) _0 >1 r) r a) 0 a) c- U) If 0 0 C: 0 0 CO (Z :3 U) 0 0) 0 C E 0 -C U) cz cn cz a) UJ W 0 :3 0 LLI L) U) U) C)) >1 >1 U 0 C: ui cc CZ 0 :3 c cz C) CZ 0 :3 0 M UJ U) E :3 M -C 7C) 0 cz cz (15 0 rZ 0) U) LL cn (1) Q) .0 o E E 2) a) (D 3: :tt 0 (D >1 0 2 cz (1) C) ui 06 a (z U) L) ui U) 70 0 CL E 0 6 cz M 0 0 0 CZ 0 0) U) (D N 0 0 m C— 1� C15 co C) cz 0 T- C: r) 0 a) (D Q) 0 U) z 0 0 U) 0 M 0 C%J T 0 15 Y cf5 0) a) (D 0 E 0) (D co Z 0 0 0 _0 0 E Q") cz cz C) cz cri 0 0 :3 0 0 0- (D U) m a) 0 0 0 cz 0) C) 0 0) as 0 0 0 w C: U) -0 cz a) co 0 0 r- 0 :3 C: C: U) a) 0) 0 a) C15 0 0 (D 0) (D :3 (D 0) 0 0 0 Ne -C 0 co (D m o _0 0 0 �e p .-o— a) o E -Z� CZ 05 0) :3 (D co C\j a) 0 co C Q) 0 -C U) 0 C: U E 0 C: Q) 0 cn E O —m O-C) 0 CY) U) 0 (D M M c C C U) (Z L r N C: C15 U) U) 2 Cl o (D 0 c- 0 :3 0) c (D (D 0 0) 0 U C: -�e r- 4� z Z CO Q) 0) C7) S Cli m Cl m C: 0 Z 0 0- cz (D 0 cz (D cn 0 0 0 i7� (D 3: (D 0 >1 0 (Z C). :p uj cz LL LL C) 0 0 E 0 E 0 4) (D 0 CD 0 =5 0 7 CC a) 0 0 (D 0 Q. 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