HomeMy WebLinkAboutCAP 2013-01-14 COMPLETE AGENDA PACKETCity of Tukwila
Community Affairs &
Parks Committee
O Allan Ekberg, Chair
O De'Sean Quinn
O Kate Kruller
AGENDA
Distribution:
A. Ekberg
D. Quinn
K. Kruller
K. Hougardy
D. Robertson
Mayor Haggerton
D. Cline
C. O'Flaherty
S. Kerslake
K. Mate]
R. Still
E. Boykan
MONDAY, JANUARY 14, 2013 — 5:15 PM
CONFERENCE ROOM #3 (at east entrance of City Hall)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Acceptance of King Conservation District grant for
a. Forward to 1/22 Consent
Pg.1
Duwamish Hill Preserve in the amount of $50,000.
Agenda.
Rick Still, Parks & Recreation Director
b. Human Services contracts.
b. Forward to 1/22 Consent
Pg.31
Evelyn Boykan, Program Manager
Agenda.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, January 28, 2013
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
p
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director
BY: Stephanie Gardner, Parks and Recreation Analyst
DATE: January 8, 2013
SUBJECT: Duwamish Hill Preserve: King Conservation District Grant Award
ISSUE
Duwamish Hill Preserve: King Conservation District Grant Award.
BACKGROUND
As identified in the Capital Improvement Program (CIP) in 2012 on page 46 and in the 2013 CIP
on page 48, the Duwamish Hill Preserve (DHP) is the highest priority capital project for the
Parks and Recreation Department. In February of 2012 staff presented information regarding a
grant application to the King Conservation District (KCD) in the amount of $50,000. The grant
was awarded for acquisition of the 'West Parcel' located adjacent to Duwamish Hill Preserve.
Due to legal issues the KCD was experiencing, funding for grant programs was delayed. The
City moved forward with the purchase of the "West Parcel" property without funds from this
grant. Once the legal issues were resolved, staff requested the funds for acquisition be utilized
for development. The District agreed; therefore, the original grant for acquisition can now be
utilized for development.
DISCUSSION
The original grant from King Conservation District was for $50,000 and for use towards the
acquisition of the "West Parcel" at Duwamish Hill Preserve. As the parcel was purchased
without KCD grant funding, staff requested the funds be allocated towards development and
KCD agreed. Full Council approval is required to accept the grant for this project, per the City's
Capital Improvement Program.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor to sign the Agreement for Award of
King Conservation District Member Jurisdiction Grant and accept the $50,000 for further
development of the Duwamish Hill Preserve and forward this item to the January 22, 2013
Consent Agenda.
ATTACHMENTS
-Grant Application
- Agreement for Award of King Conservation District Member Jurisdiction Grant
-Award Letter
-CIP, page #48
1
2
.............
ation Di
Member Jurisdiction
& WRIA Forum Grant Program
Grant Application
Project Title: Duwamish Hill Preserve - Acqusition of West Parcel
Applicant: City of Tukwila
Contact: Rick Still
Principal Partners (if any):
Forterra (formerly Cascade Land Conservancy)
Title: Director, Parks & Recreation Dept.
Address:
12424 - 42nd Ave S
Tukwila, Washington 98168
Total Project Cost: $1,165,000
WRIA Funding ❑ Jurisdiction Funding 0
KCD Funding Requested: $50,000
Phone: (206) 767 -2344
Project Start Date: June 1, 2012
Fax: (206) 767 -2341
Project End Date: December 31, 2012
E -mail: rstill @tukwilaWA,gov
1. Project Description - provide a brief description of the project that summarizes what you will do,
how you will do it, and why you will do it. Consider the following in the answer to this question:
what pressing need will be addressed by the project or what promising opportunity will be
capitalized on? Who or what will benefit or be positively and negatively affected?
The City of Tukwila requests $50,000 from the King Conservation District to support
acquisition of a 1.75 acre parcel on the west side of the Duwamish Hill Preserve (King
County parcel #1023049085, hereafter "West Parcel "), located at 3800 S 115th Street in
Tukwila, so this parcel can be added to the Preserve property. The cost of the parcel to be
acquired is anticipated to be $1,125,000, toward which we have secured $1,050,000
($750,000 in City of Tukwila funds, a grant of $250,000 from the King County Conservation
Futures Program, and a grant of $50,000 from 4Culture). Additional costs totaling $40,000
are itemized in the project budget bring the total project budget to $1,165,100.
The Duwamish Hill Preserve property currently under City of Tukwila ownership is an 8.6
acre parcel on the Duwamish River. This property includes a 40 million year old outcropping
of bedrock that is part of what is known as the "Tukwila Formation ", unique native plant
communities, territorial views, and a flat area with 600 feet of shoreline on the Duwamish
River at the farthest point up river that is reached by the tides. Culturally significant for its
association with Southern Puget Sound Salish oral tradition and mythology, the Preserve is
a key location in the stories known as the "Epic of the Winds."
Working with Forterra (formerly Cascade Land Conservancy), the City of Tukwila raised
$998,000 to acquire and preserve the 8.6 acre parcel in 2004, including two grants totaling
$15,000 from KCD (the project was then known as "Grandmother's Hill "). Since 2005,
Forterra and the City collaboratively raised an additional $825,000 for Phase I restoration
activities on the upland portion of the property. Phase I of the project opened to the public
with a community celebration in 2010, following completion of trails, viewpoints, an outdoor
classroom area, and extensive environmental restoration. Hundreds of community
volunteers have contributed to the project through removal of trash and invasive species,
and planting and monitoring of native plants in three distinct habitat areas, and the first
school field trips to the Preserve took place in 2010.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 21, 2008 • Page 1 of 5
3
Acquisition of the West Parcel is a high priority for the City of Tukwila, the parcel's current
owner is a willing seller, and negotiations regarding a purchase and sale agreement are
underway. The West Parcel is presently zoned industrial and used for storage of
construction equipment. Acquisition of the West Parcel will link the Preserve directly to a
proposed regional trail, and will make it possible to establish a forested visual buffer
between the Preserve and the industrial properties beyond the trail corridor to the west.
When the Duwamish Hill Preserve Master Plan was developed in 2007, the West Parcel was
included in the community's vision for Phase II of what the Preserve could become, as a
regional cultural and natural resource. Acquisition of the West Parcel will double the size of
the Phase II restoration area, allowing a richer and more meaningful restoration project,
from a cultural, habitat and recreational perspective. Phase II will include a permanent
exhibit of native plants selected in collaboration with the Muckleshoot and Duwamish Tribes
and the Northwest Native American Basket Weavers Association, including species useable
for basket making, preparation of traditional foods, and other cultural purposes. We hope
to re- establish and make accessible a variety of species with traditional cultural uses, which
may include wapato (arrowhead plant), swamp tea, wild cranberries, tules (bulrush), slough
sedge and other species. Outdoor interpretive panels will include traditional use information
that is appropriate to share with the public.
2. Natural Resource Improvement Actions - describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question: What
natural resources will be improved? What are the known needs, gaps or deficits that will
be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife,
landowners?
Acquisition of the West Parcel, and subsequent restoration of this property, will address all
four of the natural resource improvement actions described in the application instructions.
Education & Outreach: Through school field trips, volunteer work parties, and drop -in visits,
youth and adults will learn about and participate in restoration work at the Duwamish Hill
Preserve, with an emphasis on removal of invasive species and planting of native species
with a goal toward salmon - friendly habitat improvement.
Capacity Building: The City of Tukwila was pleased to host a public education workshop in
2011 in conjunction with Stewardship Partners, focused on installation of a bog garden as
part of Phase I restoration at Duwamish Hill Preserve, and we anticipate hosting similar
events during Phase II, following acquisition of the West Parcel. We are also pleased to
provide training to our community volunteers, in partnership with the Friends of the Hill
neighbors group, regarding best management practices and stewardship activities.
Pilot and Demonstration Projects: Because the Preserve is open to the public, and the
acquisition of the West Parcel will expand the boundaries of the Preserve, we have an
outstanding opportunity to demonstrate the positive impacts of project activities on water
quality and habitat value, which is especially important in transforming public attitudes
regarding the recovery of the Duwamish River as a natural and recreational resource.
Direct Improvements: Acquisition of the West Parcel will allow us to convert 1.75 acres
adjacent to the Duwamish River from industrial use to conservation and open space land.
Unsightly construction equipment stored by the seller will be removed. We will be able to
clean up any residual contamination, remove invasive plants, and establish native plant
communities including areas reflecting traditional ethnobotanical knowledge of area Tribes.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 2 of 5
4
3. Project Activities and Measurable Results - using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables
associated with those activities. Consider the following in your answer to this question:
What actions, interventions, programs, services will be deployed?
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: Why is
the primary applicant the best entity to deliver the proposed program /service/
intervention? What is the capacity of the primary applicant to deliver the proposed
program /service /intervention? What tools, services and partners will be brought to
bear?
The City of Tukwila Parks and Recreation Department has been an effective leader in
preserving and restoring the Duwamish Hill Preserve, working with partner organizations
and community members. Our record of success with Phase I of the project included an
education and outreach component, capacity building, successful pilot projects, and direct
improvements. For example, we have established a partnership with the Tukwila School
District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students
participated in hands -on restoration activities, and learned to identify and classify native
and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to
all Tukwila School District teachers, focused on environmental and cultural education
opportunities at the Duwamish Hill Preserve.
Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events
such as Duwamish Alive draw over one hundred volunteers to participate in large -scale
projects. Visitors will be able to learn about restoration activities through interpretive
materials (in development) focusing not just on the Preserve but also on the Green
Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and
offering suggestions for what individual land owners can do and how other residents can
contribute to environmental recovery and sustainability. As the fee owner of the Duwamish
Hill Preserve, the City of Tukwila is best positioned to acquire, restore and manage the
adjacent West Parcel, which we propose to do in partnership with Forterra, Friends of the
Hill, and other organizations devoted to environmental restoration and education in the
area.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5
5
Activity Description
Deliverables
Timeline
1.
Commercial appraisal of Parcel
#1023049085
Appraisal documents
Mid -2012
2.
Environmental assessment of
Parcel #1023049085
Assessment report
Mid -2012
3.
Acquisition of Parcel
#1023049085
Title transfer to the City of
Tukwila
Late 2012
4.
Future restoration (Phase II of
Duwamish Hill Preserve plan)
Following acquisition, the City
of Tukwila will undertake
restoration activities
2013 and
beyond
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: Why is
the primary applicant the best entity to deliver the proposed program /service/
intervention? What is the capacity of the primary applicant to deliver the proposed
program /service /intervention? What tools, services and partners will be brought to
bear?
The City of Tukwila Parks and Recreation Department has been an effective leader in
preserving and restoring the Duwamish Hill Preserve, working with partner organizations
and community members. Our record of success with Phase I of the project included an
education and outreach component, capacity building, successful pilot projects, and direct
improvements. For example, we have established a partnership with the Tukwila School
District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students
participated in hands -on restoration activities, and learned to identify and classify native
and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to
all Tukwila School District teachers, focused on environmental and cultural education
opportunities at the Duwamish Hill Preserve.
Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events
such as Duwamish Alive draw over one hundred volunteers to participate in large -scale
projects. Visitors will be able to learn about restoration activities through interpretive
materials (in development) focusing not just on the Preserve but also on the Green
Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and
offering suggestions for what individual land owners can do and how other residents can
contribute to environmental recovery and sustainability. As the fee owner of the Duwamish
Hill Preserve, the City of Tukwila is best positioned to acquire, restore and manage the
adjacent West Parcel, which we propose to do in partnership with Forterra, Friends of the
Hill, and other organizations devoted to environmental restoration and education in the
area.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5
5
5. Efficiency (see page 2 of application instructions for definition) - describe how the
project will efficiently implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: How will
the proposed program /service/ intervention engage in conjunction with related efforts?
How does your strategy best leverage resources?
The proposed acquisition of the West Parcel will leverage the City of Tukwila's commitment
of $750,000 in Real Estate Excise Tax (REET) funds with additional contributions from
4Culture, the Conservation Futures Program of King County, and our current request to KCD
for use of Jurisdictional Funds. Beyond the acquisition, this investment of public funds will
leverage extensive volunteer involvement in the project, totaling hundreds of hours of in-
kind labor each year from the Friends of the Hill, as well as private tax exempt contributions
from individual donors through Forterra. The City of Tukwila and Forterra have been
working together for over a decade on the Duwamish Hill Preserve project, and we are able
to efficiently identify and prioritize tasks related to fund raising, planning and project
management. Our management team for the project includes representatives from multiple
city departments, Forterra, and key citizen advisors and consultants.
6. Equity (see page 2 of application instructions for definition) - describe how the project
will equitably implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: In what
part of the District will the proposed program /service /intervention occur? Who is the
target audience and what demographic section of the community will be affected?
As a public conservation property, the Duwamish Hill Preserve serves the ethnically diverse,
working class community of Tukwila, where 74% of the students in the school district
qualify for free or reduced -price meals. The school district population includes 35%
transitional bilingual speakers, an indication of the high proportion of the population who
are recent immigrants. This area also had the largest concentration of pre- contact Native
American winter villages in all of King County, surrounding the former confluence of the
Black River and the Green River which formed the Duwamish River. Natural resource
improvement actions at this site involve diverse community members, and interpretation of
cultural heritage provides an opportunity to connect Tukwila's current residents to its past,
through traditional stories, place names, and environmental awareness.
7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to
track, document, and report that the project has achieved the intended results described
in questions 1- 3.
Successful completion of this project will be celebrated when ownership of the West Parcel
is transferred to the City of Tukwila, and when the boundary of the Duwamish Hill Preserve
is expanded to include this parcel. The West Parcel will be included in planning and design
development for the Preserve's Phase II restoration (described in #1 above), which will
improve habitat value and water quality in this critical area of the Duwamish River. The
City of Tukwila and Forterra collaborated on acquisition of the original Preserve property,
and we anticipate being able to efficiently replicate that successful process during this new
acquisition effort, including appropriate legal and documentation work. In addition, the
stewardship easement which Forterra holds on the original 8.6 acres of the Preserve will be
expanded to include the West Parcel. We also look forward to future efforts to develop a
comprehensive shoreline restoration project extending from the Duwamish Hill Preserve to
the downstream Duwamish Gardens property.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 4 of 5
6
8. Project Budget & Expenses
Budget Item
KCD Funds
Other Funds
confirmed
Other Funds
not yet confirmed
Total
Salaries and Benefits
Travel /Meals /Mileage
Office /Field Supplies
Contracted/
Professional Services
Land Acquisition
$50,000
$50,000 (4C)
$250,000 (CF)
$750,000 (Tuk)
$25,000
$1,125,000
Permits
Other (appraisal,
legal)
$15,000
$15,000
Other (environmental
assessment)
$15,000
$15,000
Other (closing fees)
$10,000
$10,000
TOTAL
$50,000
$1,050,000
$65,000
$1,165,000
9. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of
funding for the proposed program /service /intervention (see Grant Program Overview &
Policies, General Grant Program Policies, #6).
KCD support will be acknowledged in multiple ways, including through media (news
releases announcing acquisition, City of Tukwila newsletter The Hazelnut, City of Tukwila
Parks & Recreation Department web site), and on site through postings on the public
information kiosk at the entrance to the Duwamish Hill Preserve.
Authorized Signature Date
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 5 of 5
7
8
adjacent wetland
ft 2a r
cc
DUWAMISH HILL PRESERVE
PHASE 2 CONCEPT PLAN
DRAFT 12 SEPTEMBER 2011
O
E
main trailhead
on S 115th Street
0
LE AIME I
r
Site Map in 2007 Master Plan
Truck
enter -
`Low
iewpoin
Reshape and Revegetate
~800 feet of Duwa Shoreline
Shorelinne
duwamish hill preserve maps
20
PHASE 1: THE CENTRAL HILL
neighborhood trailhead, some
interpretive markers, trails,
entrance bridge, stacked rock
amphitheater, seatwalls at upper
viewpoint, invasive plant removal
and native restoration, interim
parking and arrival area
PHASE 2: RESTORED WETLAND,
TRAILS, AND BUFFER
more interpretive markers,
wetland restoration, vegetative
buffer and sculpted landforms,
wetland boardwalk
PHASE 3: REALIGNED ROAD
AND RESTORED SHORELINE
more interpretive markers,
realigned South 115th Street,
restroom with green roof and
constructed wetland treatment
system, bioretention swales,
riverfront shoreline and beach
restoration with hand boat lauch,
welcome plaza, entrance path,
porous concrete sidewalks,
streetside permanent parking
SCALE: 1 "= 120' -0"
Duwamish Hill Preserve - Acqusition of West Parcel
Second and third grade
students from Thorndyke
Elementary School in the
Tukwila School District
visited the Preserve in 2010
and 2011 to learn about the
Green Duwamish watershed,
to identify plants in the field,
and to learn map reading
skills.
In the photo at left, teacher
Laurie Rich provides an
orientation to visiting
students and volunteer
parent chaperones in the
outdoor classroom
overlooking the Duwamish
River.
The photo below shows one
of the Preserve's viewpoints,
which provide territorial
views upriver toward Mt.
Rainier and downriver
toward Elliott Bay.
P
Phase I Improvements included a trail to the upper
viewpoint; impacts were minimized by using an
existing ATV track.
Current conditions on the West Parcel include storage of
unsightly construction equipment along the Preserve
boundary. This equipment will be removed prior to
acquisition.
13
0e$cattlatitues
Duwamish Hill Preserve opens after years of volunteer effort
By Christine Willmsen Seattle Times staff reporter
Saturday, September 18, 2010
The rocky hilltop near the Duwamish River speaks. It tells
the story from the Duwamish and Muckleshoot tribes about
the battle between the north and south winds.
Now the hill has a new story of how a community came
together to save this piece of land.
Volunteers, community leaders and area neighbors
welcomed the public to Saturdays opening of the
Duwamish Hill Preserve in Tukwila. A 10 -year project
saved this sacred hill from becoming just another industrial
site along south 115th Street, off East Marginal Way
South.
After climbing 80 steps up the hill, you can look down and
imagine the fishing villages that once hugged the Duwamish River. Now, the industrialized world surrounds the
hill. In one direction is the Seattle skyline. In another, a trail of cars lines Highway 509. Airplanes roar overhead,
light rail sends out high -pitch whines and semi - trucks thunder past.
The eight acres is the site of many Native American stories and also a place full of geological wonders.
The site, estimated to be 40 million years old, is a rocky, bald habitat with thin soil similar to that covering the
San Juan Islands.
E
Lower Elwha Klallam Tribe member Roger Fernandes
tells the story of when clams had feet during the
Duwamish Hill Preserve opening celebration Saturday.
"You just don't see a hill in a river valley," said Hayes Swinney, land stewardship director for Cascade Land
Conservancy which helped obtain the property. "This hill is older than Mount Rainier. There are marine fossils.
This, at one point, was underwater."
In 2000, the hill was going to be blasted apart by dynamite and developed into an industrial area, much like the
properties surrounding it. But the community and Cascade Land Conservancy raised about $1 million through
donations, contributions and grants for the city of Tukwila to purchase the land.
Even theater students at Foster High School got involved in preserving the site.
In 2002, they wrote and performed a play about the hill and how it had transformed over the decades. They
donated $1,200 in ticket sales, said Cynthia Chesak, the theater teacher and a Tukwila arts commissioner.
"For me, its a landmark — Its a cultural site," she said. "You can't divorce the Native American site from
Tukwila."
By 2006, volunteers started clearing the land, but with decades of neglect, the property needed help. Stacy
Cachules, manager of volunteer programs for the Cascade Land Conservancy, organized efforts to clear
blackberry bushes, ivy and trash.
"It started as an uphill process," she said. "It was such a mess, but the volunteers kept coming."
On the weekends, a few volunteers who called themselves "Friends of the Hill" would cut away brush and haul
away trash, tires, metal scrap and old cars. Others dug into the rocky earth and put native plantings along the
path. Soon benches, trails and a storytelling area were built.
Last year, dozens of people volunteered more than 2,000 hours.
"You have to have knowledge of the past to help shape our future," said Tukwila council member Joan
Hernandez.
For upcoming volunteer opportunities at the Duwamish Hill Preserve go to www.cascadeland.orq /events
Christine Willmsen: 206 - 464 -3261 or cwillmsen@seattletimes.com
14
AGREEMENT FOR AWARD
OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT
City of Tukwila
This Agreement is made between the King Conservation District Number 9, a municipal
corporation in King County, Washington, located at 1107 SW Grady Way, Suite 130, Renton,
WA 98057 (referred to herein as "District "), and City of Tukwila, a municipal corporation in
King County, Washington, located at 12424 42nd Ave S, Tukwila, WA 98168 (referred to herein
as "Recipient "), for the purposes set forth herein.
SECTION 1. RECITALS
1.1 Whereas, the District is a special purpose district organized and existing under
authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve
natural resources, including soil and water, which activities are declared to be of special benefit
to lands; and
1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a
system of assessments to finance the activities and programs of the District; and
1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34
RCW, the District is authorized to enter into agreements with municipal entities and agencies
(governmental or otherwise), or their designees, in order to carry out and facilitate the activities
and programs of the District to conserve natural resources; and
1.4 Whereas, the District has reviewed the grant application submitted by Recipient
and has determined that the application meets the requirements of Chapter 89.08 RCW and the
District's policies and procedures for awarding grants; and
1.5 Whereas, the District and Recipient desire to enter into this Agreement for the
purpose of establishing the terms and conditions relating to the District's award of a grant to
Recipient.
SECTION 2. AGREEMENT
2.1 The District agrees to award Recipient a grant in the total amount of Fifty
Thousand Dollars ($50,000.00) from 2007 -2011 Assessments. Grant funds shall be used by
Recipient solely for the performance of the work described in Exhibit A which is attached hereto
and incorporated herein by this reference. The District shall pay the grant funds to Recipient in
accordance with the District's policies and procedures, including but not limited to, the policies
and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application
Instructions and Policies, provided that such funds have been collected and received by the
District.
Page 1 of 4
15
2.2 Recipient represents and warrants that it will only use the grant funds for the work
described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the
Agreement. Recipient shall be required to refund to the District that portion of any grant funds
which are used for unauthorized work. Further, Recipient agrees to return to the District any
grant funds that are not expended or remain after completion of the work covered by this
Agreement.
2.3 Recipient acknowledges and agrees that the grant funds may only be expended on
work which shall be entirely within the District's jurisdictional boundaries. The following
municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal
Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that
portion of any grant funds which are used for work performed outside the District's jurisdictional
boundaries.
2.4 In the event the scope of work authorized by this Agreement includes the use of
grant funds to purchase houses located on real property within a flood hazard area, Recipient
acknowledges and agrees that grant funds may only be used for such purposes if the houses to be
purchased were constructed before floodplain mapping or sensitive areas regulations were in
place for that area. Recipient shall be required to refund to the District that portion of any grant
funds which are used for unauthorized purposes.
2.5 Recipient shall be required to provide the District with biannual financial and
project progress reports, along with an annual summary report. Financial and project reports
shall be due June 30 and November 30 each year. The Recipient shall also be required to submit
to the District a final report which documents the Recipient's completion of the work in
conformance with this Agreement within thirty (30) days after the completion of the work. The
final report shall, among other things, summarize the project's successes and shall address the
regional benefits accomplished by the work. The final report shall also identify any obstacles or
challenges which were encountered during the work, along with general recommendations
regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees
to provide the District with additional financial or progress reports from time to time, at
reasonable intervals.
2.6 Recipient's expenditures of grant funds shall be separately identified in the
Recipient's accounting records. If requested, Recipient shall comply with other reasonable
requests made by the District with respect to the manner in which project expenditures are
tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain
such records of expenditures as may be necessary to conform to generally accepted accounting
principals and to meet the requirements of all applicable state and federal laws.
Page 2 of 4
16
2.7 Recipient shall be required to track project expenses using the Budget Accounting
and Reporting System for the State of Washington ( "BARS ").
2.8 The District or its representative shall have the right from time to time, at
reasonable intervals, to audit the Recipient's books and records in order to verify compliance with
the terms of this Agreement. Recipient shall cooperate with the District in any such audit.
2.9 Recipient shall retain all accounting records and project files relating to this
Agreement in accordance with criteria established in the Revised Code of Washington and the
Washington State Archivist.
2.10 Recipient shall ensure that all work performed by Recipient or its employees,
agents, contractors or subcontractors is performed in a manner which protects and safeguards the
environment and natural resources and which is in compliance with local, state and federal laws
and regulations. Recipient shall implement an appropriate monitoring system or program to
ensure compliance with this provision.
2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected
or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to
or death of person or damage to property allegedly resulting from the negligent or intentional acts
of the Recipient or any of its employees, agents, contractors or subcontractors in connection with
this Agreement.
2.12 Recipient agrees to acknowledge the District as a source of funding for this
project on all literature, signage or press releases related to said project.
SECTION 3. GENERAL PROVISIONS
3.1 This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
3.2 This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof. No prior or contemporaneous representation, inducement, promise
or agreement between or among the parties which relate to the subject matter hereof which are
not embodied in this Agreement shall be of any force or effect.
3.3 No amendment to this Agreement shall be binding on any of the parties to this
Agreement unless such amendment is in writing and is executed by the parties. The parties
contemplate that this Agreement may from time to time be modified by written amendment
which shall be executed by duly authorized representatives of the parties and attached to this
Agreement.
Page 3 of 4
17
3.4 Each party warrants and represents that such party has full and complete authority
to enter into this Agreement and each person executing this Agreement on behalf of a party
warrants and represents that he /she has been fully authorized to execute this Agreement on behalf
of such party and that such party is bound by the signature of such representative.
DISTRICT: RECIPIENT:
By By `lGC
Name NameJiYri i- ktorr'
Title Title M asir
Date Date
Approved as to Form: Approved as to Form:
DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY:
By ti` -L— ,14 By` RQO
Name � , is F (, N, c3CI Name
Date I �--/ / 1 I 1 2 Date l a` `LAS tr.
Page 4 of 4
18
Exhibit A
20
M ber J ~^z^�~a~�~
& WRIA Foru G ant Program
Project Title: Duwamish Hill Preserve - Phase II Restoration Design and Planning
Applicant: City of Tukwila
Contact: Rick Still
Principal Partners (if any):
Forterra (formerly Cascade Land Conservancy)
Title: Director, Parks & Recreation Dept.
Total Project Cost: $1,855,000
WRIA Funding
|
|
//
Jurisdiction Funding E
Address: 12424 - 42nd Ave S
Tukwila, Washington 98168
KCD Funding Requested: $50,000
Phone: (206) 767-2344
Project Start Date: November 1, 2012
Fax: (206) 767-2341
Project End Date: December 31, 2013 (for
design & planning tasks supported by KCD)
E-mail: Rick.SbUPTuk*i|oVVA.gov
1. Project Description - provide a brief description of the projec that summarizes what you will do,
how you will do it, and why you will do it. Consider the following in the answer to this question:
what pressing need wil be addressed by the project or what promising opportunity wil be
capitalized on? Who or what wil benefit or be positively and negatively affected?
The City of Tukwila requests $50,000 from the King Conservation District to support Phase
II restoration of the Duwamish Hill Preserve, located at 3800 S 115m Street in Tukwila. The
Preserve was expanded from 8.6 to 10.5 acres on August 23, 2012 with the acquisition of
an adjacent riverfront parcel to the west, for $1,050,000. Acquisition funds came from the
City of Tukwila, King County Conservation Futures and 4Culture. Early in 2012, the City of
Tukwila had requested 550,000 in King Conservation District jurisdictional funding to
support a portion of this acquisition. However, with the delay in distribution of KCD 2012
funds, we were able to reallocate other grant funds for design and planning to complete the
acquisition.
We are now working to secure funds for Phase II restoration. This revised application for
KCD jurisdictional funding requests $50,000 to support a portion of the design and planning
costs associated with Phase II restoration. Specifically, KCD funds are requested for
contracted professional services for landscape architecture design, soil testing,
topographical survey and restoration preparation work. This work will allow us to move
forward with the Phase II restoration activities described below.
The Duwamish Hill Preserve includes a 40 million year old outcropping of bedrock that is
part of what is known as the "Tukwila Formation", unique native plant communities,
territorial views, and a flat area with 600 feet of shoreline on the Duwamish River at the
farthest point up river that is reached by the tides. Culturally significant for its association
with Southern Puget Sound Salish oral tradition and mythology, the Preserve is a key
location in the stories known as the "Epic of the Winds."
Working with Forterra (formerly Cascade Land Conservancy), the City of Tukwila raised
$998,000 to acquire and preserve the 8.6 acre parcel in 2804, including two grants totaling
$15,000 from KCD (the project was then known as "Grandmother's Hill"). Since 2005,
Forterra and the City collaboratively raised an additional $825,000 for Phase I restoration
activities on the upland portion of the property. Phase I of the project opened to the public
with a community celebration in 2010, following completion of trails, viewpoints, an outdoor
Member Jurisdiction & WRIA Forum Grant Program, Application ° July 21, 2008 " Page 1 of 5
classroom area, and extensive environmental restoration. Hundreds of community
volunteers have contributed to the project through removal of trash and invasive species,
and planting and monitoring of native plants in three distinct habitat areas. The first school
field trips to the Preserve took place in 2010.
The Duwamish Hill Preserve Master Plan developed in 2007 included the community's vision
for Phase II of what the Preserve could become, as a regional cultural and natural resource.
Acquisition of the West Parcel doubles the size of the Phase II restoration area, allowing a
richer and more meaningful restoration project, from a cultural, habitat and recreational
perspective. Phase II will include a permanent exhibit of native plants selected in
collaboration with the Muckleshoot and Duwamish Tribes and the Northwest Native
American Basket Weavers Association, including species useable for basket making,
preparation of traditional foods, and other cultural purposes. We hope to re- establish and
make accessible a variety of species with traditional cultural uses, which may include
wapato ( "Indian potato" or arrowhead plant), swamp tea, wild cranberries, tules (bulrush),
slough sedge and other species. Outdoor interpretive panels will include traditional use
information that is appropriate to share with the public.
2. Natural Resource Improvement Actions - describe how the project will address a
minimum of one of the natural resource improvement actions described on page 1 of the
application instructions. Consider the following in your answer to this question: What
natural resources will be improved? What are the known needs, gaps or deficits that will
be addressed? What are the known benefits to soil, water, air, plants, fish and wildlife,
landowners?
Phase II restoration, including the recently acquired West Parcel, will address all four of the
natural resource improvement actions described in the application instructions.
Education & Outreach: Through school field trips, volunteer work parties, and drop -in visits,
youth and adults will learn about and participate in restoration work at the Duwamish Hill
Preserve, with an emphasis on removal of invasive species and planting of native species
with a goal toward salmon - friendly habitat improvement.
Capacity Building: The City of Tukwila was pleased to host a public education workshop in
2011 in conjunction with Stewardship Partners, focused on installation of a bog garden as
part of Phase I restoration at Duwamish Hill Preserve, and we anticipate hosting similar
events during Phase II. We are also pleased to provide training to our community
volunteers, in partnership with the Friends of the Hill neighbors group, regarding best
management practices and stewardship activities.
Pilot and Demonstration Projects: Because the Preserve is open to the public, and the
acquisition of the West Parcel expanded the boundaries of the Preserve, we have an
outstanding opportunity to demonstrate the positive impacts of project activities on water
quality and habitat value, which is especially important in transforming public attitudes
regarding the recovery of the Duwamish River as a natural and recreational resource.
Direct Improvements: Much of the Phase II project area has been used to store
construction equipment, so we will be demonstrating that it is possible to convert former
industrial land to conservation and open space land, re- establishing valuable habitat
through reintroduction of native plants and restoration of hydrological function through
reconnection with adjacent wetlands. Unsightly construction equipment stored by the
former owner of the West Parcel will be removed. We will be able to clean up any residual
contamination, remove invasive plants, and establish native plant communities including
areas reflecting traditional ethnobotanical knowledge of area Tribes.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 2 of 5
22
3. Project Activities and Measurable Results - using the table below, list specific project
activities to be completed, the timetable for the activities, and the deliverables
associated with those activities. Consider the following in your answer to this question:
What actions, interventions, programs, services will be deployed?
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: Why is
the primary applicant the best entity to deliver the proposed program /service/
intervention? What is the capacity of the primary applicant to deliver the proposed
program /service /intervention? What tools, services and partners will be brought to bear?
The City of Tukwila Parks and Recreation Department has been an effective leader in
preserving and restoring the Duwamish Hill Preserve, working with partner organizations
and community members. Our record of success with Phase I of the project included an
education and outreach component, capacity building, successful pilot projects, and direct
improvements. For example, we have established a partnership with the Tukwila School
District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students
participated in hands -on restoration activities, and learned to identify and classify native
and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to
all Tukwila School District teachers, focused on environmental and cultural education
opportunities at the Duwamish Hill Preserve.
Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events
such as Duwamish Alive draw over one hundred volunteers to participate in large -scale
projects. Visitors will be able to learn about restoration activities through interpretive
materials (in development) focusing not just on the Preserve but also on the Green
Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and
offering suggestions for what individual land owners can do and how other residents can
contribute to environmental recovery and sustainability. As the fee owner of the Duwamish
Hill Preserve, the City of Tukwila is best positioned to manage Phase II design, planning and
restoration activities, which we propose to do in partnership with Forterra, Friends of the
Hill, and other organizations devoted to environmental restoration and education in the
area. Forterra's nonprofit status creates opportunities to access project funds from private
foundations that work with 501(c)(3) organizations.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5
23
Activity Description
Deliverables
Timeline
1.
Acquisition of 1.9 acre "West
Parcel" #1023049085, expands
Preserve to 10.5 acres
Title transfer to the City of
Tukwila
Closed
8/23/12
2.
Design Development for Phase
II Restoration
Concept design, and detailed
planning documents for
landscape design to support
habitat and water quality
improvements (KCD funds will
support a portion of this work)
2013
3.
Completion of Phase II
Restoration of Duwamish Hill
Preserve
Opening of Phase II project
area to the public (timeline
TBD by successful fundraising
to implement design)
2014 -15
4. Effectiveness (see page 2 of application instructions for definition) - describe how the
project will effectively implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: Why is
the primary applicant the best entity to deliver the proposed program /service/
intervention? What is the capacity of the primary applicant to deliver the proposed
program /service /intervention? What tools, services and partners will be brought to bear?
The City of Tukwila Parks and Recreation Department has been an effective leader in
preserving and restoring the Duwamish Hill Preserve, working with partner organizations
and community members. Our record of success with Phase I of the project included an
education and outreach component, capacity building, successful pilot projects, and direct
improvements. For example, we have established a partnership with the Tukwila School
District, and have hosted field trips of 2nd, 3rd and 7th grade classes where students
participated in hands -on restoration activities, and learned to identify and classify native
and invasive plants on site. We also sponsored a teacher training workshop in 2011 open to
all Tukwila School District teachers, focused on environmental and cultural education
opportunities at the Duwamish Hill Preserve.
Our regularly scheduled volunteer work parties draw dozens of neighbors, and major events
such as Duwamish Alive draw over one hundred volunteers to participate in large -scale
projects. Visitors will be able to learn about restoration activities through interpretive
materials (in development) focusing not just on the Preserve but also on the Green
Duwamish Watershed as a whole, emphasizing the importance of coordinated efforts and
offering suggestions for what individual land owners can do and how other residents can
contribute to environmental recovery and sustainability. As the fee owner of the Duwamish
Hill Preserve, the City of Tukwila is best positioned to manage Phase II design, planning and
restoration activities, which we propose to do in partnership with Forterra, Friends of the
Hill, and other organizations devoted to environmental restoration and education in the
area. Forterra's nonprofit status creates opportunities to access project funds from private
foundations that work with 501(c)(3) organizations.
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 3 of 5
23
5. Efficiency (see page 2 of application instructions for definition) - describe how the
project will efficiently implement the natural resource improvement measures identified
in question No. 2 above. Consider the following in your answer to this question: How will
the proposed program /service/ intervention engage in conjunction with related efforts?
How does your strategy best leverage resources?
The Phase II restoration project builds on successful Phase I fund raising, community
engagement, and completion of a complex restoration project to re- establish and expand a
variety of native plant communities. Because the project has both natural resource and
cultural resource elements, we have been able to secure support from a wide variety of
funding agencies and programs. In addition to the recent acquisition funding from King
County Conservation Futures, City of Tukwila and 4Culture, we have secured one
restoration grant from the Washington State Heritage Capital Projects Program, and have
been recommended for a second grant from the same program which should be'available in
mid -2013. Funds from KCD will support design and planning activities which need to be
completed as first steps in the Phase II process, and completion of this work will allow us to
move forward with restoration activities when new state funds become available. This
investment of state and local public funds will leverage extensive volunteer involvement in
the project, totaling hundreds of hours of in -kind labor each year from the Friends of the
Hill, as well as private tax exempt contributions from individual donors through Forterra.
The City of Tukwila and Forterra have been working together for over a decade on the
Duwamish Hill Preserve project, and we are able to efficiently identify, prioritize and allocate
tasks related to fund raising, planning and project management. Our management team for
the project includes representatives from multiple city departments, Forterra, and key
citizen advisors and consultants.
6. Equity (see page 2 of application instructions for definition) - describe how the project
will equitably implement the natural resource improvement measures identified in
question No. 2 above. Consider the following in your answer to this question: In what
part of the District will the proposed program /service /intervention occur? Who is the
target audience and what demographic section of the community will be affected?
As a public conservation property, the Duwamish Hill Preserve serves the ethnically diverse,
working class community of Tukwila, where 74°k of the students in the school district
qualify for free or reduced -price meals. The school district population includes 35%
transitional bilingual speakers, an indication of the high proportion of the population who
are recent immigrants. This area also had the largest concentration of pre- contact Native
American winter villages in all of King County, surrounding the former confluence of the
Black River and the Green River which formed the Duwamish River. Natural resource
improvement actions at this site involve diverse community members, and interpretation of
cultural heritage provides an opportunity to connect Tukwila's current residents to its past,
through traditional stories, place names, and environmental awareness.
7. Evaluation of Intended Results - describe the evaluation mechanisms you will use to
track, document, and report that the project has achieved the intended results described
in questions 1- 3.
A major accomplishment was celebrated just weeks ago, when acquisition of the West
Parcel was completed, thus expanding the Preserve and expanding the Phase II project
area. The stewardship easement which Forterra holds on the original 8.6 acres of the
Preserve will be expanded to include the new acquisition, formalizing Forterra's role in
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 4 of 5
24
monitoring and evaluating stewardship actions at the Preserve. Planning and design
development for the Preserve's Phase II restoration (described in #1 above), and
subsequent implementation of the restoration design, will result in improved habitat value
and water quality in this critical area of the Duwamish River. The project's management
team brings a variety of expertise to the project, including ability to evaluate planning and
implementation of tasks related to environmental planning, landscape design, hydrological
systems, wetlands restoration, cultural resource protection, recreational development,
capital project management, and native plant restoration. We also look forward to future
efforts to develop a comprehensive shoreline restoration project in Phase III, extending
from the Duwamish Hill Preserve to the downstream Duwamish Gardens property.
8. Project Budget & Expenses
Budget Item
KCD Funds
Other Funds
confirmed
Other Funds
not yet confirmed
Total
Salaries and Benefits
Travel /Meals /Mileage
Office /Field Supplies
Contracted/
Professional Services
$50,000 *
$150,000 (HCP)
$25,000 (Tuk)
$500,000 (HCP)
$15,000 (4C)
$65,000 (tbd)
$805,000
Land Acquisition
$50,000 (4C)
$250,000 (CF)
$750,000 (Tuk)
$1,050,000
Permits
Other (appraisal,
legal)
Other (environmental
assessment)
Other (closing fees)
TOTAL
$50,000
$1,225,000
$580,000
$1,855,000
* contracted professional services includes: landscape architecture design ($25,000),
soil testing ($7,500), topographical survey ($5,000) and restoration preparation
work ($12,500) by Earthcorps or similar organization.
9. KCD Acknowledgement - Describe how the KCD will be acknowledged as a source of
funding for the proposed program /service /intervention (see Grant Program Overview &
Policies, General Grant Program Policies, #6).
KCD support will be acknowledged in multiple ways, including through media (news
releases announcing public events, City of Tukwila newsletter The Hazelnut, City of
Tukwila Parks & Recreation Department web site), and on site through postings on the
public information kiosk at the entrance to the Duwamish Hill Preserve.
Authorized Signature Date
Member Jurisdiction & WRIA Forum Grant Program, Application • July 18, 2008 • Page 5 of 5
25
26
KBD
King Conservation District
1107 SW Grady Way, Suite 130 • Renton, WA 98057 • Phone (425) 282 -1897 • Fax (425) 282 -1898 • E -mail district@kingcd.org
December 17, 2012
Rick Still
City of Tukwila
12424 42nd Ave S
Tukwila, WA 98168
Dear Rick,
Enclosed are two copies of an Agreement for award of a King Conservation
District Member Jurisdiction Grant. This grant is funded with King
Conservation District Special Assessment funds allocated to the City of Tukwila.
This letter confirms that a King Conservation District Member Jurisdiction grant
in the amount of $50,000.00 was awarded on 11/20/2012.
After obtaining signatures from City of Tukwila representatives, return both
copies of the Agreement to me. I will obtain the required signatures from King
Conservation District representatives and forward a signed original for your
records.
Shortly after the grant was awarded, King CD grant staff notified you by
electronic mail. King CD considers that notification of award as notice to
proceed on the scope of work approved. While the award has been approved,
the way the District makes grant payments has changed.
The Board of Supervisors recently approved a resolution revising the Member
Jurisdiction grant program that states that "all existing and future grant payments
associated with approved grant agreements will be made on a reimbursement basis.
Grantees will provide adequate documentation demonstrating the completion of
stated deliverables in the grant application, including but not limited to invoices, in
order to request payment of approved grant project expenses as detailed in the
application budget. Request for payment must be submitted at least 30 days prior to
the day payment is needed by. Ten percent of the grant award will be held by the
District until all reporting and expense documentation is submitted and approved
and the close out process is complete." This is to replace the current process of
paying 90% of the grant award upfront.
KCD Ref: 12- 215 -Rick Still, Tukwila, Duwamish Hill Preserve Phase II Restoration Design and Planning
agreement letter
27
28
This policy change was made by the Board of Supervisors as a result of the Supreme
Court ruling in the Mason /Carey case, legal challenges, the resulting budget
shortfall, and at the request of partner jurisdictions.
The Board looks forward to the successful implementation of this project. We are
hopeful that this policy change will enable our partners to continue implementing
natural resource improvement projects.
You can find the forms to use when submitting progress reports, expense
reports, and forms for use when requesting a revision to your grant agreement
on our webpage, at kin gcd.org/pro_gra.htm. We have a new reimbursement
request form available on the webpage as well. You may submit the form along
with supporting documentation via email or regular mail.
Sincerely,
Michael S Jones
Grant Assistant
Enclosures (1)
KCD Ref: 12 -215 -Rick Still, Tukwila, Duwamish Hill Preserve Phase II Restoration Design and Planning
agreement letter
PROJECT:
DESCRIPTION:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2013 to 2018
Duwamish Hill Preserve Project No. 90330109
Land development for this 8.6 acre parcel will preserve open space and allow future restoration for this passive
park at 3800 S 115 St. (Previously known as Duwamish Riverbend Hill, Poverty Hill and Grandmother's Hill.)
JUSTIFICATION: Meets the Parks and Open Space Plan providing cultural and historical value along the City's shoreline.
Phase I development was completed in 2010. West parcel was purchased in 2012 along with the small riverbank
STATUS: donation.Volunteers and staff continue to seed and plant various areas to enhance the Preserve. Phase II
design work is in preliminary stages for 2012 and is scheduled for completion in 2013.
MAINT. IMPACT: Approximately 200 staff hours per year.
Phase II is on Park Impact Fee list for $2.5 million with an 80 %/20% split. Sound Transit mitigation of
COMMENT: $313k for use of site. Grants: Recreation Conservation Office (RCO), State Heritage Fund, 4Culture, King
Conservation District, Conservation Futures, and Cascade Land Conservancy with REET funds as a match.
FINANCIAL Through Estimated
in $000's
2011 2012 2013
2014 2015 2016 2017 2018 BEYOND TOTAL
EXPENSES
Design
258
40
450
20
20
20
20
20
940
1,788
Land (RM/)
980
1,056
450
2,486
Const. Mgmt.
1
60
927
988
Construction
206
100
50
50
50
50
50
5,700
6,256
TOTAL EXPENSES
1,445
1,096
610
70
70
70
70
70
8,017
11,518
FUND SOURCES
Awarded Grant
1,155
300
50
1,505
Proposed Grant
515
2,065
2,580
REST 1 (1st Qtr Percent)
359
130
130
130
140
140
140
140
1,309
KC Parks Levy
187
29
34
250
Mitigation
313
313
Park Impact Fees
197
30
227
Park Impact Fees Expected
12
25
25
35
40
45
45
1,546
1,773
City Oper. Revenue
(407)
366
(144)
(85)
(95)
(110)
(115)
(115)
4,266
3,561
TOTAL SOURCES
1,445
1,096
610
70
70
70
70
70
8,017
11,518
2013 - 2018 Capital Improvement Program
48
29
30
City of Tukwila
TO:
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
City Council
FROM: Stacy Hansen, Human Service Coordinator
DATE: December 31, 2012
SUBJECT: Human Services Contracts over $40,000
ISSUE
All contracts over $40,000 need Council authorization for Mayor's signature. The contracts that
are currently ready for approval include Renton Area Youth Services School Based Counseling,
Renton Area Youth and Family Services Substance Abuse, Refugee Women's Alliance, Multi -
Service Center Financial Assistance, Institute for Family Development (PACT), Tukwila Pantry
and Community Schools Collaboration.
DISCUSSION
These contracts are executed in conjunction with our biennial budget for a two -year period, and
the funding has been approved as part of the larger Human Services budget for 2013 -2014.
Please see Page 83 of the 2013 -2014 Final Biennial Budget. The name and the amount of the
contracts are as follows: (Dollar amounts below are for one year.)
Renton Area Youth Services — Substance Abuse /Mental Health - $31,330 for 2013 and 2014.
Renton Area Youth Services — RAYS school Based Counseling - $55,092 for 2013 and 2014.
Refugee Women's Alliance- Family Support & Case management - $21,200 for 2013 and 2014.
Multi- Service Center — Emergency Assistance Program - $45,000 for 2013 and 2014
Institute for Family Development — PACT - $21,600 for 2013 and 2014
Tukwila Pantry — Food Bank - $24,370 for 2013 and 2014
Community Schools Collaboration — After School Program - $100,000 for 2013 and 2014
RECOMMENDATION
We are asking that Council President consider these contracts on the January 22, 2013
Consent agenda.
ATTACHMENTS
- Professional Services Page from 2013 -2014 Final Budget, page 83
- Contracts for both Renton Area Youth Services programs, Refugee Women's Alliance, Multi -
Service Center, Institute for Family Development, Tukwila Pantry and Community Schools
Collaboration.
31
32
2013 -2014 Biennial Budget
City of Tukwila, Washington
Professional Services
Professional services and contracts for Human Services include various contracts for the provision of
health, safety and welfare programs, among others.
Maiior's Office - Human Services
Account Number
Purpose
2013
2014
000.03.557.201.41.00
Information & Referral: Childcare Resources
$ 5,000
$ 5,000
000.03.557.201.41.00
Information & Referral: Crisis Clinic 2 -1 -1
1,500
1,500
000.03.557.201.41.00
Information & Referral: Crisis Clinic 24 -hr crisis line
2,620
2,620
000.03.557.201.41.00
Information & Referral: Crisis Clinic Teen Link
1,500
1,500
000.03.557.201.41.00
Other: SKCHS - Capacity Building Project
5,000
5,000
.000.03.557.201.41.00
Positive & Health Family Relationships: Institute for Family Dev. /PACT
21,600
21,600
000.03.557.201.41.00
Positive & Health Family Relationships: KC Sexual Assault Resource Ctr
8,305
8,305
000.03.557.201.41.00
Positive & Health Family Relationships: RAYS School Based Youth Dev.
55,092
55,092
000.03.557.201.41.00
Positive & Health Family Relationships: YWCA Children's DV Services
4,326
4,326
000.03.557.201.41.00
Support for Self Sufficiency: King county Bar Foundation- Pro Bono Services
2,500
2,500
000.03.557.201.41.00
Support for Self Sufficiency: Lutheran Community Services- Supportive Svcs
5,000
5,000
000.03.557.201.41.00
Support for Self Sufficiency: Literacy Source - ESL
15,400
15,400
000.03.557.201.41.00
Support for Self Sufficiency: ReWA - Family Support & case management
21,200
21,200
000.03.557.201.41.00
Support for Self Sufficiency: Senior Services Meals on Wheels
7,079
7,079
000.03.557.201.41.00
Support for Self Sufficiency: Senior Services Volunteer Transportation
2,048
2,048
000.03.557.201.41.00
Support for Self Sufficiency: Somali Community Services Coalition
12,500
12,500
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Auburn Youth Resources
2,500
2,500
000.03.557.201.41.00
Safety Net Urgent Basic Needs: CCS Emergency Financial Assistance
17,000
17,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Multi Service Center Emergency Assistance
45,000
45,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Sound Mental Health - Safe and Sound
3,000
3,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: DAWN Community Advocacy Program
4,000
4,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: YWCA Domestic Violence Advocate
5,000
5,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: DAWN Continuum Housing Services
7,000
7,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Dynamic Family Svcs /Children's Therapy
6,750
6,750
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Health Point Dental Care
4,550
4,550
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Health Point Medical Care
5,000
5,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Hospitality House
5,000
5,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Multi Service Center Emer /Trans Housing
4,000
4,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Pregnancy Aid
2,000
2,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Sound Mental Health
13,000
13,000
.000.03.557.201.41.00
Safety Net Urgent Basic Needs: Tukwila Pantry
24,370
24,370
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Emergency Feeding, Hunger Relief
2,000
2,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: Way Back Inn Transitional Housing
9,000
9,000
000.03.557.201.41.00
Safety Net Urgent Basic Needs: YWCA Emergency Housing Program
4,000
4,000
000.03.557.201.41.00
Community Schools Collaboration (formerly in Parks & Rec)
100,000
100,000
000.03.557.201.41.00
Positive and Health Family Relations -RAYS
31,330
31,330
000.03.557.201.41.00
Contingency Funding
18,300
18,300
000.03.557.201.43.00
Parking for various meetings - regional and subregional
500
500
000.03.557.201.49.00
Associations, registrations, professional development, translation, childcare
1,700
1,700
000.03.557.201.49.01
Human Services Commission mtgs, food, program registrations, materials
500
500
Total Professional Services
$ 486,170
$ 486,170
Page 83
At
33
34
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 Renton Area Youth and Family
Services, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 1510,
Renton, WA 98057.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $31,330.00 in 2013 and $31,330.00 in 2014.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012 Page 1 of 6
35
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
36
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
37
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 day of , 20 .
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
38
EXHIBIT A 2013 -2014
Renton Area Youth and Family Services - Substance Abuse /Mental Health
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the
City of Tukwila, under the City's Human Services program, substance abuse and mental health services
to 30 high school students in the Tukwila school district.
1st Quarter
• Serve 8 Tukwila residents
• Provide 160 hours of youth treatment, case management, assessment, and groups
• Submit outcomes and indicators
• Include Tukwila specific narrative
2nd Quarter
• Serve 8 Tukwila residents
• Provide 160 hours of youth treatment, case management, assessment and groups
• Include Tukwila specific narrative
3rd Quarter
• Serve 6 Tukwila residents
• Provide 90 hours of youth treatment, case management, assessment and groups.
• Include Tukwila specific narrative
4th Quarter
• Serve 8 Tukwila residents
• Provide 130 hours of youth treatment, case management, assessment, and groups
• Include Tukwila specific narrative
• Submit demographics
• Submit outcomes results
Funds will be used to pay for personnel.
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance.
The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If
the Agency does not meet the 90% of performance goals, payment for services rendered under the
agreement will be reduced by the number of percentage points below the 90% level. At a 90% success
rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City.
Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability
to meet their service unit goals and the Agency has shown reasonable effort to overcome those
circumstances. Exceptions are made at the discretion of the City's Human Services Manager.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency
services, such eligibility to require residence within the City, and shall provide services under this
Agreement only to eligible applicants.
CA Revised 2012 Page 5 of 6
39
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Month
Expenditures
3
6 9 12 Total
Monthly request: January thru November $2,610.83 per month
December request: $2,610.87
CA Revised 2012
40
$31,330.00
Page 6 of 6
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
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 Renton Area Youth and Family
Services, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 1510,
Renton, WA 98057.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $55,092.00 in 2013 and $55,092.00 in 2014.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012 Page 1 of 6
41
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
42
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
43
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 day of , 20.
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
44
EXHIBIT A 2013 -2014
Renton Area Youth and Family Services - Counseling
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of
Tukwila, under the City's Human Services program, school -based mental health services in all Tukwila schools.
Therapist will work with students and their family members to address a variety of emotional and behavioral
issues.
1st Quarter
• Serve 20 unduplicated Tukwila residents
• Provide 250 hours of counseling /case management
• Report number of group hours
• Report number of Medicaid residents
• Submit outcomes and indicators
• Include Tukwila specific narrative
2nd Quarter
• Serve 10 Tukwila residents
• Provide 150 hours of counseling /case management
• Report number of group hours
• Report number of Medicaid residents
• Include Tukwila specific narrative
3rd Quarter
• Serve 5 Tukwila residents
• Provide 100 hours of counseling /case management
• Report number of group hours
• Report number of Medicaid residents
• Include Tukwila specific narrative
4th Quarter
• Serve 10 Tukwila residents
• Provide 125 hours of counseling /case management
• Report number of group hours
• Report number of Medicaid residents
• Include Tukwila specific narrative
• Submit demographics
• Submit outcomes results
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The Agency
will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency does not
meet the 90% of performance goals, payment for services rendered under the agreement will be reduced by the
number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %.
Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances beyond
the Agency's control impact their ability to meet their service unit goals and the Agency has shown reasonable
effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human Services
Manager.
Funds will be used to pay for personnel.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such
eligibility to require residence within the City, and shall provide services under this Agreement only to eligible
applicants.
CA Revised 2012 Page 5 of 6
45
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Month
Expenditures
3
6 9 12 Total
To be billed at $4,5091.00 per month for an annual total of = $55,092.00
CA Revised 2012 Page 6 of 6
46
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 Refugee Women's Alliance,
hereinafter referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King
Jr. Way S., Seattle, WA 98108.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $21,200 for 2013 and $21,200 for 2014.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012 Page 1 of 6
47
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
48
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
49
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 day of , 20
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
50
EXHIBIT A 2013 -2014
ReWA - Case Management and Financial Assistance
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of
the City of Tukwila, under the City's Human Services program, case management support
services and emergency financial assistance to prevent utility shut -off and eviction.
1st Quarter
• Serve 10 Tukwila residents
• Provide 75 hours of case management
• Submit outcomes and indicators
• Include Tukwila specific narrative
2nd Quarter
• Serve 10 Tukwila residents
• Provide 75 hours of case management
• Include Tukwila specific narrative
3rd Quarter
• Serve 10 Tukwila residents
• Provide 74 hours of case management
• Include Tukwila specific narrative
4th Quarter
• Serve 10 Tukwila residents
• Provide 74 hours of case management
• Include Tukwila specific narrative
• Submit demographics
• Submit outcomes results
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract
performance. The Agency will be expected to meet at least 90% of the performance goals
(outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment
for services rendered under the agreement will be reduced by the number of percentage points
below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100%. Any
exceptions must be negotiated with the City. Exceptions may be made in cases where
circumstances beyond the Agency's control impact their ability to meet their service unit goals
and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Manager.
Funds will be used to pay for personnel/ operating costs ($14,2000) and direct financial
assistance ($7,000) to clients.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency
services, such eligibility to require residence within the City, and shall provide services under
this Agreement only to eligible applicants.
CA Revised 2012 Page 5 of 6
51
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Month
Expenditures
3
6 9 12 Total
Administrative $3550.00 $3550.00 $3550.00 $3550.00 $14,200.00
Direct Assistance billed as used for direct financial assistance to Tukwila residents $7,000.00
Total annual contract amount not to exceed $21,200.00
Administrative costs = $14,200.00 to be billed at $3550.00 per quarter
Direct Assistance costs = $7,000.00 to be billed as used not to exceed $7,000.00 in a calendar year.
CA Revised 2012 Page 6 of 6
52
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 Multi- Service Center, hereinafter
referred to as "the Contractor," whose principal office is located at PO Box 23699, Federal Way, WA
98093.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $45,000 in 2013 and $45,000 in 2014.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012 Page 1 of 6
53
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
54
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
55
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 day of , 20
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
56
EXHIBIT A 2013 -2014
Multi- Service Center - Emergency Financial Assistance
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of
the City of Tukwila, under the City's Human Services program, direct financial (paid to
provider) assistance for eviction prevention, utilities, water, sewer bills to help Tukwila
residents maintain their housing.
1st Quarter
Serve 14 Tukwila households
• Provide 14 vouchers
• Submit outcomes and indicators
• Include Tukwila specific narrative
2nd Quarter
• Serve 14 Tukwila households
• Provide 14 vouchers
• Include Tukwila specific narrative
3rd Quarter
• Serve 14 Tukwila households
• Provide 14 vouchers
• Include Tukwila specific narrative
4th Quarter
• Serve 13 Tukwila households
• Provide 13 vouchers
• Include Tukwila specific narrative
• Submit demographics
• Submit outcomes results
Funds will be used to pay for direct financial assistance (66% = $29,700) and (34% = $15,300)
administrative costs.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency
services, such eligibility to require residence within the City, and shall provide services under
this Agreement only to eligible applicants.
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract
performance. The Agency will be expected to meet at least 90% of the performance goals
(outputs) as defined above. If the Agency does not meet the 90% of performance goals, payment
for services rendered under the agreement will be reduced by the number of percentage points
below the 90% level. At a 90% success rate, the Agency will be reimbursed at 100 %. Any
exceptions must be negotiated with the City. Exceptions may be made in cases where
circumstances beyond the Agency's control impact their ability to meet their service unit goals
and the Agency has shown reasonable effort to overcome those circumstances. Exceptions are
made at the discretion of the City's Human Services Manager.
CA Revised 2012 Page 5 of 6
57
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED MONTHLY EXPENDITURES
Monthly 3 6 9 12 Total
Expenditures
Funds will be used to pay for:
Direct financial assistance: (66% = $29,700)
Administrative costs: (34% = $15,300)
CA Revised 2012 Page 6 of 6
58
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 the Institute for Family
Development, hereinafter referred to as "the Contractor," whose principal office is located at 34004 16
Ave. S., Suite 200, Federal Way, WA 98003.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $21,600.00 for 2013 and $21,600.00 for 2014
at a rate of $5,400.00 per quarter.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012
Page 1 of 6
59
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products- completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
60
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
61
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 day of , 20 .
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
62
EXHIBIT A 2013 -2014
Institute for Family Development - PACT (Parents & Children Together)
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the
City of Tukwila, under the City's Human Services program, an in -home counseling, skill building and
support to high -risk, low- income families not engaged in Children's Protective Services.
1st Quarter
• Serve 3 unduplicated Tukwila households
• Provide 135 hours of counseling
• Report number of unduplicated individuals served
• Submit outcomes and indicators
• Include Tukwila specific narrative
2nd Quarter
• Serve 2 unduplicated Tukwila households
• Provide 90 hours of service
• Report number of unduplicated individuals served
• Include Tukwila specific narrative
3rd Quarter
• Serve 1 unduplicated Tukwila household
• Provide 45 hours of service
• Report number of unduplicated individuals served
• Include Tukwila specific narrative
4th Quarter
• Serve 2 unduplicated Tukwila households
• Provide 90 hours of service
• Report number of unduplicated individuals served
• Include Tukwila specific narrative
• Submit demographics
• Submit outcomes results
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance.
The Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If
the Agency does not meet the 90% of performance goals, payment for services rendered under the
agreement will be reduced by the number of percentage points below the 90% level. At a 90% success
rate, the Agency will be reimbursed at 100 %. Any exceptions must be negotiated with the City.
Exceptions may be made in cases where circumstances beyond the Agency's control impact their ability
to meet their service unit goals and the Agency has shown reasonable effort to overcome those
circumstances. Exceptions are made at the discretion of the City's Human Services Manager.
Funds will be used to pay for operating costs.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency
services, such eligibility to require residence within the City, and shall provide services under this
Agreement only to eligible applicants.
CA Revised 2012 Page 5 of 6
63
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Quarterly
Expenditures
3
6 9 12 Total
To be billed $5,400.00 per quarter not to exceed $21,600.00 annually.
CA Revised 2012 Page 6 of 6
64
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 the Tukwila Pantry, hereinafter
referred to as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA
98168.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $24,370 for 2013 and $24,370 for 2014 at a
rate of $6,092.50 per quarter.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012
Page 1 of 6
65
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 6
66
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 6
67
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 day of , 20
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 6
68
EXHIBIT A 2013 -2014
Tukwila Pantry — Food Bank
Scope of Services to be Provided by Agency. The Agency shall furnish to residents of the City of
Tukwila, under the City's Human Services program, basic food items to prevent nutritional /food insecurity.
1st Quarter
• Report number of unduplicated residents served
• Return assessment tool to be completed by staff and board
• Report number of food bags distributed
• Report pounds of food distributed
• Submit Tukwila specific narrative
• Submit outcomes and indicators
2nd Quarter
• Report number of unduplicated residents served
• Report number of food bags distributed
• Report pounds of food distributed
• Submit Tukwila specific narrative
3rd Quarter
• Report number of unduplicated residents served
• Report number of food bags distributed
• Report pounds of food distributed
• Submit Tukwila specific narrative
4th Quarter
• Report number of unduplicated residents served
• Report number of food bags distributed
• Report pounds of food distributed
• Submit Tukwila specific narrative
• Submit outcomes
The City Of Tukwila will use a variety of measures as indicators of satisfactory contract performance. The
Agency will be expected to meet at least 90% of the performance goals (outputs) as defined above. If the Agency
does not meet the 90% of performance goals, payment for services rendered under the agreement will be reduced
by the number of percentage points below the 90% level. At a 90% success rate, the Agency will be reimbursed at
100 %. Any exceptions must be negotiated with the City. Exceptions may be made in cases where circumstances
beyond the Agency's control impact their ability to meet their service unit goals and the Agency has shown
reasonable effort to overcome those circumstances. Exceptions are made at the discretion of the City's Human
Services Manager.
Funds will be used to pay for operating costs.
The Agency shall make all reasonable efforts to ascertain the eligibility of applicants for Agency services, such
eligibility to require residence within the City, and shall provide services under this Agreement only to eligible
applicants.
CA Revised 2012 Page 5 of 6
69
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Quarterly
Expenditures
3
6 9 12 Total
To be billed at $6,092.50 per quarter, not to exceed $24,370 annually.
CA Revised 2012 Page 6 of 6
70
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number:
CONTRACT FOR SERVICES
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 Community Schools
Collaboration, hereinafter referred to as "the Contractor," whose principal office is located at 137 SW
154th Street, Burien WA 98148.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described on Exhibit A attached hereto and incorporated herein by this reference as if
fully set forth. In performing such services, the Contractor shall at all times comply with all Federal,
State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior
written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this
reference. The total amount to be paid shall not exceed $100,000 for 2013 and $100,000 for 2014 at a
rate of $8333.33 monthly.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits set forth in this Agreement. The Contractor shall request prior approval from the
City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2013, and ending December 31, 2014, 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.
CA Revised 2012 Page 1 of 4
71
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents,
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 City. 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 City, 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 $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit.
Commercial General Liability insurance shall be written on 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 the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of the Commercial
General Liability Insurance for liability arising from explosion, collapse or underground
property damage. The City shall be named as an 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 equivalent
coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
CA Revised 2012 Page 2 of 4
72
B. 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.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
D. 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.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
F. 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.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days notice to the Contractor to correct the breach, immediately terminate the contract or,
at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Keeping and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any
nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor
thirty (30) days written notice of the City's intention to terminate the same. Failure to provide
products on schedule may result in contract termination. If the Contractor's insurance coverage is
canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant
for employment, or any person seeking the services of the Contractor to be provided under this
Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
CA Revised 2012 Page 3 of 4
73
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 day of , 20
CITY OF TUKWILA CONTRACTOR
Mayor
By:
Printed Name and Title:
Address:
Attest/Authenticated: Approved as to Form:
City Clerk Office of the City Attorney
CA Revised 2012 Page 4 of 4
74
City of Tukwila
Contract Number:
6200 Southcenter Boulevard, Tukwila WA 98188
EXHIBIT B
OPERATING BUDGET FOR 2013 -2014
PLANNED QUARTERLY EXPENDITURES
Agency will report and bill on a monthly basis
Month 3 6 9 12 Total Expenditures
Expenditures
To be billed at $8333.33 per month for an annual total of = $100,000
CA Revised 2012 Page 1 of l
75
76