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Home My WebLink AboutCOW 2009-02-09 COMPLETE AGENDA PACKET Tukwila City Council Agenda K` COMMITTEE OF THE W HOLE Jim Haggerton, Mayor Councilmembers: Joe Duffle ❖Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn Monday, February 9, 2009,7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Lady Foster Soccer Team 2. SPECIAL Introduction of two Police Officers: PRESENTATIONS Burien Ishaque, Lateral Police Officer and Nicholas Hogan, Entry -Level Police Officer. Report on Charitable Giving Activities from Starfire; Julie Hoyle Lowe, General Manager and Michelle Ferrell, Charitable Giving Coordinator. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL a. Human Services Contracts. Pg•1 ISSUES b. Agreement for the 2009 Annual Small Drainage Program. Pg.67 c. Agreement for the 2009 -2010 Overlay and Repair Program. Pg.81 5. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800[MD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. CAS NUMBER 09-020 Ac; l:NU.\ Tutu. Human Service Contracts over $25,000 MTG. DATE 2/9/09 0 D2 COUNCIL AGENDA SYNOPSIS Inttui/s iVIeetinx Date Prepared by f Mayor's review I Council review 02/09/09 EB 1.4- 1 Q 'J 02/17/09 EB 1 I1) ITEM INFORMATION ORIGINAL AGENDA DATE: FEBRUARY 9, 2009 C. \'1'I.0 ORY Discussion Motion Resolution n Ordinance n BtdAward Public Hearing 1 I Other Mtg Date 02/09/09 Altg Date 02/17/09 Mtg Date M tg Date Altg Date Altg Date AI g Date SPc )NSOR Council Mayor Adm Svcs DCD Finance Fire Ledal n P&R Police u PIS/ Council needs to approve contracts over $25,000. Ten human service contracts require approval by Council. Tukwila's Human Services Advisory Board has already approved proposals by the represented contracts. 1 1 RECORD OF COUNCIL ACTION ITEM NO. Ri=\'I I.. \vi :1) By COW Mtg. CA &P Cmte U F &S Cmte n Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DA1'E: 1/26/09 RECOMMENDATIONS: SPONSOR /AD \IIN. Human Services, Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXl'I ,N DITURI., RJ ?QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $481,028 $481,028 Fund Source. GENERAL FUND Comments: MTG. DATE I ATTACHMENTS 2/9/09 Informational Memorandum dated 1/13/09 10 Human Service Contracts Minutes from the Community Affairs and Parks Committee meeting of 1/26/09 TO: FROM: Evelyn Boykan, Human Services Manager DATE: January 13, 2009 SUBJECT: Human Service Contracts over $25,000 ISSUE The City Council reviews and approves all contracts over $25,000 As we are negotiating contracts at this time, we are presenting the Council the most current contracts with our human service providers. BACKGROUND Each contract is preceded by a meeting with the non profit agency to review the prior year's performance (if applicable) and determine appropriate output measures for the current year. Current agency applications and staffing /funding capacity help shape the details of the performance objectives. DISCUSSION Agencies with contracts of this size report to our office on either a monthly or quarterly basis Outcome measures, beyond performance objectives, are identified in the first quarter We are happy to share more details regarding the service need represented by this contract. RECOMMENDATION The Council is being asked to review the contracts at the February 9, 2009 Committee of the Whole Meeting and subsequent February 17, 2009 Regular Meeting ATTACHMENTS Contracts for the following agencies: (2 year contracts) Catholic Community Services Emergency Assistance $28,794 total over 2 years Institute for Family Development PACT program $43,200 total over 2 years Literacy Source $44,000 total over 2 years Multi- Service Center Emergency Services $30,000 total over 2 years Multi- Service Center Housing Stability $60,000 total over 2 years Renton Area Youth Services $110,264 total over 2 years Refugee Women's Alliance $35,000 total over 2 years Tukwila Pantry $33,200 total over 2 years YWCA Domestic Violence $30,250 total over 2 years Ruth Dykeman Children's Center $66,320 total over 2 years InfoMemocontract.doc City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton COMMUNITY AND PARKS COMMITTEE Jim Haggerton, Mayor Contract No CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Catholic Community Services, hereinafter referred to as the Agency whose principal office is located at 1229 West Smith St., Kent, Washington, 98032. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Aeencv. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $14,397 for 2009 and $14,397 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6 Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the sole or concurrent negligence of the City, its agents or employees, the Agency's obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents and employees, and in that case the City shall indemnify, defend and hold harmless the Agency, its officers, agents and employees from claims, losses or damages to the extent caused by the negligence or fault of the City or its agents or employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and 13 above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 4014 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A) 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate., 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: BY Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE ATTEST/ AUTHENTICA'I ED: ADDRESS CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY PRINTED NAME EXHIBIT A 2009 -2010 CCS Emergency Assistance Scope of Services to be Provided by Aeencv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, basic emergency services, including, shelter, gas, prescription and food vouchers, and utility assistance: 1st Quarter Serve 48 unduplicated Tukwila residents Provide 14 vouchers (shelter, gas, food, utilities) Coordinate voucher program with Tukwila vendors Provide program services /case management to clients served under the program Report on case management hours Submit outcomes and indicators 2nd Quarter Serve 49 unduplicated Tukwila residents Provide 14 vouchers (shelter, gas, food, utilities) Coordinate voucher program with Tukwila vendors Provide program services /case management to clients served under the program Report on case management hours 3rd Quarter Serve 49 unduplicated Tukwila residents Provide 14 vouchers (shelter, gas, food, utilities) Coordinate voucher program with Tukwila vendors Provide program services /case management to clients served under the program Report on case management hours 4th Quarter Serve 49 unduplicated Tukwila residents Provide 14 vouchers (shelter, gas, food, utilities) Coordinate voucher program with Tukwila vendors Provide program services /case management to clients served under the program Report on case management hours Submit outcome collection data Submit demographic data Agency will provide assistance to 195 unduplicated clients, including 56 vouchers to include shelter, gas, food and utilities. Number of unduplicated clients may be reviewed quarterly. 50% of funds will be used for direct services ($7199.00) and 50% of funds will be used for operating costs ($7,198.00). $5,699.00 will be used by CCS for direct services; $1,500 will be used by the City of Tukwila for vouchers for direct services. 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Institute for Family Devlopment, hereinafter referred to as "the Agency whose principal office is located at 34004 16th Ave. S., Suite 200, Federal Way, WA 98003. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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. Scone of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher 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 for 2009 and $21,600 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than 8500,000 00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting, A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with infoiruation concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitorins The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY MAYOR, Jim Haggerton SIGNATURE PRINTED NAME A 1'1ESI' /AUTHENTICA 1ED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY BY 1st Quarter 2nd Quarter EXHIBIT A 2009 -2010 Institute for Family Development PACT Program (Parents And Children Together) Scone 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, in home choiseling, skill building and famility strenghthening program designed to improve family functioning and prevent /reduce child abuse and neglect. Serve 3 unduplicated residents Provide 135 hours of service Report direct counseling hours Submit outcomes and indicators Serve 2 unduplicated residents Provide 90 hours of service Report direct counseling hours 3rd Quarter Serve 1 unduplicated residents Provide 45 hours of service Report direct counseling hours 4th Quarter Serve 2 unduplicated residents Provide 90 hours of services Report direct counseling hours Submit outcome results Submit demographics data 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. OPERATIONAL BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Literacy Source, hereinafter referred to as "the Agency whose principal office is Located at 720 N 35th St., Suite 103, Seattle, WA 98103 WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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. Scone of Services to be Performed by Aeencv. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $22,000 for 2009 and $22,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's perfouuance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than S500,000 00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CI "I Y OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE PRINTED NAME ATTEST/ AUTHENTICAI "hD: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM. OFFICE OF THE CITY ATTORNEY BY Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 1st Quarter 2nd Quarter EXHIBIT A 2009 -2010 Literacy Source Scone 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, English language instruction and educational case management to high needs immigrant and refugee adults. Serve 22 unduplicated residents Provide 56 hours of instruction Report on case management hours Report hours of child care Submit outcome and indicators Serve 22 unduplicated residents Provide 56 hours of instruction Report on case management hours Report hours of child care 3rd Quarter Serve 22 unduplicated residents Provide 56 hours of instruction Report on case management hours Report hours of child care 4th Quarter Serve 21 unduplicated residents Provide 56 hours of instructions Report on case management hours Report hours of child care Submit outcome data Submit demographic report 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. OPEARTING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Multi Service Center, hereinafter referred to as the Agency whose principal office is located at 1200 S. 336th St., Federal Way, WA 98003 WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $15,000 for 2009 and $15,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general Iiability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. S. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 4014 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to comvletion of performance objectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Apvlicable 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE ATTEST AUTHENTICATED ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CI"1'Y ATTORNEY BY Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 PRINTED NAME Multi Service Center Emergency Assistance Program (EAP) 2009 -2010 Scone 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, helps homeless or at those at risk for homelessness in crisis with eviction prevention, move in and other needed services and referrals. 1st Quarter Report number of unduplicated residents Report number of turnaways Submit outcomes and indicators 2nd Quarter Report number of unduplicated residents Report number of turnaways 3rd Quarter Serve number of unduplicated residents Report number of turnaways 4th Quarter Report number of unduplicated residents Report number of turnaways Submit outcomes results Submit demographic report Program will serve 70 residents and 112 vouchers per year. Agency will bill monthly. 60% of funds ($9,000) shall be used for direct rental assistance, 40% of fund ($6,000) shall be used for administrative, personnel and 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City", Multi Service Center hereinafter referred to as "the Agency whose principal office is located at 1200 S. 336th St., Federal Way, WA 98003 WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Aaencv The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $30,000 for 2009 and $30,000 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010 City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 3. Azencv Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000 00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keevine and Revortine. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitorine The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives prior to contract end date shall e the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assienment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: MAYOR, Jim Haggerton A ll'EST/ AUTHENTICAl ED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY BY: SIGNATURE PRINTED NAME Multi Service Center Housing Stability 2009 -2010 Scone of Services to be Provided by AQericv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, helps homeless or at those at risk for homelessness in crisis with eviction prevention, move in and other needed services and referrals. 1st Quarter Report number of unduplicated residents Report number of turnaways Submit outcomes and indicators 2nd Quarter Report number of unduplicated residents Report number of turnaways 3rd Quarter Serve number of unduplicated residents Report number of turnaways 4th Quarter Report number of unduplicated residents Report number of turnaways Submit outcomes results Submit demographic report Program will serve 75 residents /households per year to be reviewed on a quarterly basis. Program will bill on a monthly basis. 70% of funds ($21,000) shall be used for direct rental assistance, 30% of fund ($9,000) shall be used for administrative, personnel and 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Renton Area Youth Services, hereinafter referred to as "the Agency whose principal office is located at PO Box 1510, Renton, WA 98057. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $55,132 for 2009 and $55,132 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010 City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3 Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6 Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keening and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA MAYOR, Jim Haggerton AT 1 "EST/ AUTHENTICATED: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY audit by law during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately Aeencies desirine to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the aeencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 AGENCY: BY: SIGNATURE PRINTED NAME ADDRESS: EXHIBIT A 2009 -2010 Renton Area Youth Family Services -Youth Development Prevention Program Scone 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 and other support services to youth and families in Tukwila. 1st Quarter Serve 20 unduplicated residents Provide 250 hours of counseling /case management Report number of group hours Submit outcomes and indicators 2nd Quarter Serve 15 unduplicated residents Provide 250 hours of counseling /case management Report number of group hours 3rd Quarter Serve 10 unduplicated residents Provide 150 hours of counseling /case management Report number of group hours 4th Quarter Serve 15 unduplicated residents Provide 150 hours of counseling /case management Report number of group hours Submit outcome results Submit demographic reports Funds will be used to pay for operational costs. (Counseling /case management activities include: intakes, assessment, individual counseling, case management, family contact and evaluation of results.) 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. OPEARTING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Refugee Women's Alliance, hereinafter referred to as the Agency whose principal office is located at 15245 International Blvd, Suite 207, SeaTac, WA 98188. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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. Scone of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $17,500 for 2009 and $17,500 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 4014 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Pavment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. it 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance objectives Drior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA MAYOR, jim Haggerton ATTEST /AUTHENTICATED• CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY AGENCY: BY: SIGNATURE PRINTED NAME ADDRESS: 1st Quarter 2nd Quarter EXHIBIT A 2009 -2010 Refugee Women's Alliance 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 and system navigation and access services. Serve 8 unduplicated residents Provide 60 hours of case management Submit outcomes and indicators Serve 8 unduplicated residents Provide 60 hours of case management Submit outcomes and indicators 3rd Quarter Serve 8 unduplicated residents Provide 60 hours of case management Submit outcomes and indicators 4th Quarter Serve 8 unduplicated residents Provide 60 hours of case management Submit outcomes and indicators $10,500 will be used for personnel. $6500 will be used for direct services (i.e. one time only financial assistance for utilities, rent, grocery store gift card, gas station gift card, etc.) that support continued stability for Tukwila residents only 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and Tukwila Pantry, hereinafter referred to as "the Agency whose principal office is located at 3118 S. 140th St., Tukwila, Washington, 98168. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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. Scone of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $16,600 for 2009 and $16,600 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general Iiability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not Iess than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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 For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the taws 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 attorneys fees and costs of suit. DATED this day of CITY OF TUKWILA AGENCY: MAYOR, Jim Haggerton ATTEST/AUTHENTICATED. ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY BY: SIGNATURE PRINTED NAME Scone 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 emergency services, including, but not limited to, the following: 1st Quarter Report number of unduplicated residents served Report number of food bags distributed Report pounds of food distributed Submit outcomes and indicators 2nd Quarter EXHIBIT A 2009 -10 Tukwila Pantry Food Bank 2009 -10 Report number of unduplicated residents served Report number of duplicated residents served Report number of food bags distributed Report pounds of food distributed 3rd Quarter Report number of unduplicated residents served Report number of duplicated residents served Report number of food bags distributed served Report pounds of food distributed 4th Quarter Report number of unduplicated residents served Report number of duplicated residents served Report number of food bags distributed served Report pounds of food distributed Submit narrative report Submit outcome results Funds will be used to support general 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and YWCA, hereinafter referred to as "the Agency whose principal office is located at 1010 S. 2nd St., Renton, Washington, 98055. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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. Scone of Services to be Performed by Agency. The Agency shall perfoint those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $15,125 for 2009 and $15,125 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010 City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain' in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not Iess than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record Keeping and Reporting. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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 4014 and by the City. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum Ievel of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A). 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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. For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assienment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. address: Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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. CITY OF TUICWILA 16. Notices. Notices to the City of Tukwila shall be sent to the following Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 DATED this day of MAYOR, Jim Haggerton ATTEST/ AUTHENTICATED: C11 Y CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY AGENCY: BY. ADDRESS: 1st Quarter 2nd Quarter EXHIBIT A 2009 -10 YWCA Domestic Violence Community Advocate Scone 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 agency services including, advocacy for victims of domestic violence and community education and outreach: Serve 3 unduplicated Tukwila residents Provide 48 direct service hours Submit outcomes and indicators Serve 3 unduplicated Tukwila residents Provide 48 direct service hours 3rd Quarter Serve 3 unduplicated Tukwila residents Provide 48 direct service hours 4th Quarter Serve 3 unduplicated Tukwila residents Provide 48 direct service hours Report number of Tukwila outreach /community education events Submit narrative report Submit outcomes results Submit demographics 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES Contract No. CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City Ruth Dykeman Youth and Family Services, hereinafter referred to as "the Agency whose principal office is located at PO Box 66010, Burien, WA 98166. WHEREAS, the City has determined the need to have certain social services performed for its citizens but does not have the personnel or expertise to perform such services, and WHEREAS, the City desires to have the Agency 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 of Services to be Performed by Agency. The Agency 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 Agency 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. 2. Compensation and Method of Payment. The City shall pay the Agency for services rendered using billing voucher and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $33,160 for 2009 and $33,160 for 2010 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2010. City Council will consider CPI adjustments on an annual basis. 2A. Criteria for Compensation. 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 in Exhibit A. 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. 3. Agency Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget attached hereto as Exhibit C and incorporated herein by this reference as if fully set forth. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing January 1, 2009 and ending December 31, 2010 unless sooner terminated under the provisions hereinafter specified. Funding for the second year of the contract is dependent on the agency's performance of the services identified in Exhibit A and any termination of this contract will be with thirty (30) days written notice pursuant to paragraph 13 below. 5. Independent Contractor. Agency and City agree that Agency 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 Agency nor any employee of Agency 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 Agency, or any employee of the Agency. 6. Indemnification. The Agency shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Agency, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Agency. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Agency, its officers, agents, and employees. 7. Insurance. A. The Agency shall procure and maintain in full force throughout the duration of the Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the city of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to the City. Cancellation of the required insurance shall automatically result in termination of this Agreement. B. In addition to the insurance provided for in Paragraph A above, the Agency shall maintain or insure, that its professional employees or contractors maintain professional liability insurance in the event that services delivered pursuant to this Agreement, either directly or indirectly, involve providing professional services. Such professional liability insurance shall be maintained in an amount not less than $500,000.00 combined single limit per claim /aggregate. For the purposes of this Paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. C. Certificates of coverage as required by Paragraphs A and B above shall be delivered to the City within fifteen (15) days of execution of this Agreement. 8. Record KeetiinQ and Revortine. A. The Agency 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 properly accounting for all funds contributed by the City to the performance of this Agreement and compliance with 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. C. The Agency shall provide monthly or quarterly reports to the City containing statistical data concerning client intakes and services performed by the Agency during the reporting period. The Agency will report to the City the types and number of services which the Agency provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Agency shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Monitoring The City shall review reports to monitor compliance with the Level of service set forth in Exhibit A. Should the Agency fail to meet the minimum level of service set forth in Exhibit A, the City reserves the right to adjust payments as specified in the section on Criteria for Compensation (2A) 10. Compensation and Method of Payment. The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibit not more than 15 working days after the close of each indicated reporting period. The City will initiate authorization for payment after approval of corrected invoices and reports. 11. 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. The City shall have the right to an annual audit of the Agency's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Agency thirty (30) days written notice of the City's intention to terminate the same. If the Agency's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. Agencies desiring to terminate contract due to completion of performance obiectives prior to contract end date shall give the City 30 days written notice of the agencies intention to terminate. 13. Discrimination Prohibited. The Agency shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Agency 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 For religious organizations providing services they will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services. 14. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 15. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Human Services Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Agency shall be sent to the address provided by the Agency upon the signature line below. 17. 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 CITY OF TUKWILA AGENCY: BY: MAYOR, Jim Haggerton SIGNATURE ATTEST AUTHENTICA'I ED: ADDRESS: CITY CLERK, Christy O'Flaherty APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY PRINTED NAME Scone of Services to be Provided by A encv. The Agency shall furnish to residents of the City of Tukwila, under the City's Human Services program, integrated mental health and substance abuse coundseling services to Showalter Middle school and Foster High School students. 1st Quarter Serve 21 unduplicated youth Provide 44 hours of group or individualized counseling Report on number of screenings /assessments Report on outreach activities Report on referrals for service Submit outcomes and indicators 2nd Quarter Serve 18 unduplicated youth Provide 44 hours of group or individualized counseling Report on number of screenings /assessments Report on outreach activities Report on referrals for service 3rd Quarter 4th Quarter EXHIBIT A 2009 -2010 Ruth Dykeman Mental Heath Substance Abuse Services Serve 18 unduplicated unduplicated youth Provide 43 hours of group or individualized counseling Report on number of screenings /assessments Report on outreach activities Report on referrals for service Serve 18 unduplicated youth Provide 44 hours of group or individualized counseling Report on number of screenings /assessments Report on outreach activities Report on referrals for service Report outcome data Submit demographics 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. OPERATING BUDGET PLANNED QUARTERLY EXPENDITURES January 26, 2009, 5:00 p.m.; Conference Room 43 I. PRESENTATIONS No presentations. COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes PRESENT Councilmembers: Verna Griffm, Chair; Joe Duffle and Kathy Hougady Staff: Evie Boykan, Stacy Hansen and Kimberly Matej Guest: Chuck Parrish CALL TO ORDER: Chair Griffm called the meeting to order at 5:05 p.m. City of Tukwila Community Affairs and Parks Committee II. BUSINESS AGENDA A. Human Services Contracts Staff is seeking full Council approval of ten (10), two -year human services contracts for a variety of social services as outlined below. Contracts for human services programs last for a duration of two years, and are subject to annual review. Funding for the second year of the contract is dependent on the agency's performance as identified in specific contract set forth between that respective agency and the City. The ten (10) contracts listed below will total over $25,000 over the two -year duration of the contracts and coming forward to full Council for approval. Catholic Community Services Emergency Assistance Two -Year Contract Total: $28, 794 This program provides emergency assistance for Tukwila residents in need of rent, shelter, gas food, etc. Funds are distributed in the form of vouchers to the clients or an appropriate vendor. Clients are unduplicated. Scope of services can be found on page 5, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Institute for Family Development PACT Program Two -Year Contract Total: $43,200 This program offers short-term intensive in -home counseling for families who are at risk of being referred to child protection agencies. Prevention and reduction is the goal of this program. Scope of services can be found on page 10, Exhibit A, of Committee agenda packet. UNANLMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Literary Source Two -Year Contract Total: $44,000 This is a classroom based service that provides English language instruction and educational case management to adult immigrants and refugees. Scope of services can be found on page 16, Exhibit A, of Committee agenda packet. UNANLVIOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Multi- Service Center —Emergency Assistance Program (EAP) Two -Year Contract Total: $30,000 This program is geared toward providing emergency assistance services similar to Catholic Community Services Emergency Assistance discussed above. Assistance can include vouchers for utility assistance, prescriptions, food, etc. Scope of services can be found on page 22, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Community Affairs Parks Committee Minutes January 26, 2009 Page 2 Multi-Service Center Housing Stability Two -Year Contract Total: $60,000 This program focuses mainly on rent assistance in relation to the prevention of homelessness. This is one- time assistance serving unduplicated residents. Scope of services can be found on page 28, Exhibit A, of Committee agenda packet. UNANLMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Renton Area Youth Services (RAYS) Two -Year Contract Total: $110,264 RAYS provides school -based counseling and support services to youth and families in Tukwila. Scope fo services can be found on page 34, Exhibit A, of Committee agenda packet. UNAN MOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Refugee Women's Alliance (ReWA) Two -Year Contract Total: $35, 000 ReWA provides cultural and language appropriate services for local refugees. Their services include case management, system navigation and access to services for refugees who have been resettled to Tukwila and surrounding communities from all over the world. Scope of services can be found on page 40, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Tukwila Pantry Two -Year Contract Total: $33,200 The Pantry provides food assistance and referrals. Scope of services can be found on page 46, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. YWCA Domestic Violence Conznznnity Advocate Two -Year Contract Total: $30,250 The demand for services of the YWCA Domestic Services Community Advocate continues to exceed the provisions of services the YWCA is able to provide. Scope of services can be found on page 52, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. Rutlz Dykeman Children's Center Two -Year Contract Total: $66,320 The Center provides a part-time drug and alcohol interventionist to the Tukwila School District for mental health and substance abuse related counseling. Services are provided to individuals as well as groups. Scope of services can be found on page 58, Exhibit A, of Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. III, MISCELLANEOUS Meeting adjourned at 6:27 p.m. Next meeting: Monday, February 9, 2009— 5:00 p.m. Conference Room #3 L_ Committee Chair Approval Mi ute,if KAM. Reviewed by EB. CAS NUMBER: 09-021 AGENDA ITEM TITLE 2009 Annual Small Drainage Program Consultant Agreement with KPG, Inc. CATEGORY Discussion Motion Resolution Ordinance n Bid Award Public Hearing Other SPONSOR SPONSOR'S SUMMARY REV IEWED BY Fund Source: Comments: EXPENDITURE REQUIRED $58,584.86 MTG DATE 02/09/09 02/17/09 MTG. DATE 02/09/09 02/17/09 Meeting Date 02/09/09 02/17/09 COUNCIL AGENDA SYNOPSIS Inztzals Prepared y b Mayor's revrezv Council rtvievr 3M .�f.,L t 7M`41th :ITEM IORIGINALAGENDADAIE. FEBRUARY 9, 2009 Mtg Date 02/09/09 Mtg Date 02/17/09 Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD Finance Fire Legal P&.R Police PW The contract is for design of the 2009 Annual Small Drainage Program. Three firms were short- listed from the Consultant Works Roster and KPG was chosen as the most qualified. This year three projects are being designed for construction in 2009. Council is being asked to approve the contract with KPG, Inc. in the amount of $58,584.86. CA &P Cmte n Arts Comm. COW Mtg Utilities Cmte DATE: 01/27/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COM■fILIEE Unanimous Approval; Forward to Committee of the Whole CO IMPACT- /::FUND SOURCE AMOUNT BUDGETED $60,000.00 412 SURFACE WATER FUND (PAGE 146, 2009 CIP) F &S Cmte Parks Comm. CORD -OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 01/21/09 Vicinity Map Consultant Agreement with Scope of Work and Fee Minutes from the Utilities Committee meeting of 01/27/09 1 1 ITEMNO. 44, 6, Mtg Date Mtg Date U Transportation Cmte Planning Comm. APPROPRIATION REQUIRED City of Tukwila Mayor Haggerton Utilities Committee FROM. Public Works Director DATE: January 21, 2009 TO: INFORMATIONAL MEMORANDUM SUBJECT: 2009 Annual Small Drainage Program Project No. 09 -DR01 Consultant Recommendation Agreement ISSUE Approve KPG, Inc., to design the 2009 Annual Small Drainage Program. BACKGROUND Jim Haggerton, Mayor The Annual SmaII Drainage Program identifies projects through maintenance activities as well as citizen complaints. This year we are designing or completing the design of three projects for construction in 2009. ANALYSIS Public Works staff reviewed the list of known system deficiencies and compiled a list of projects for design and construction in 2009. Two projects involve permits with the Washington Department of Fish and Wildlife (WDFW) and were reviewed in the field with their area biologist for preliminary approval and expected required mitigation. The current consultant roster was reviewed and KPG, Penhallegon Associates Consulting Engineers and Perteet were short- listed to design the selected three projects. KPG has designed the Annual SmaII Drainage Program since 1991 and Public Works staff continues to be very satisfied with their work. KPG has a good working relationship with the WDFW, is knowledgeable of City requirements, remains flexible to design changes, and continues to complete design within the budget. Therefore, it is recommended that KPG design the 2009 Annual Small Drainage Program for a fee of $58,584.86 BUDGET SUMMARY RECOMMENDATION Design The Council is being asked to approve this design agreement with KPG, Inc. in the amount of $58,584.86 for the 2009 Annual SmaII Drainage Program and consider this item at the February 9, 2009 Committee of the Whole meeting and the subsequent February 17, 2009 Regular Meeting Attachments. Location Map Consultant Agreement P \PROJECTSA- DR Projects \09 -DRO1 (2009 SDP »DesignOnfoMemoDesign gLdoc Contract Budget 58,584.86 60,000 Site 3 1216551 Mal1511 5 150 Sr Site 1 Site 2 -d 8 7 St A. AVM, S 144 St 1 W 5 148 St a S 150 S] S 152 St 51505 2009 Annual Neighborhood Drainage Program VICINITY MAP CONSULTANT AGREEMENT FOR DRAINAGE DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and KPG, Inc., hereinafter referred to as "the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform drainage design services in connection with the project titled 2009 Annual Neighborhood Drainage Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $58,584.86 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold hainless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Tnsurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any-claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within Eileen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing ply. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor By: Nelson Daris Principal Title: 2009 Attest/Authenticated: Approved as to Foiui: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney Exhibit A City of Tukwila 2009 Annual Small Drainage Program Scope of Work January 19, 2009 KPG The Consultant shall prepare surveyed base maps, final plans, specifications, and estimates for the following small drainage projects: Site 1: Southgate Creek in vicinity of S. 133 13 1 St and 44 Avenue S. This project includes the following 3 areas of concern: a. S 133' Street Culvert Crossing Replace with fish passable culvert. b. S 131 Street near Normed Replace undersized clay culvert crossing with fish passable culvert. c. S 131 and 44 Avenue S Replace roadway and driveway culvert crossings with fish passable culvert. Site 2: S 146 Street, 42 Avenue to west approximately 500' Install new 18 -inch storm drain, catch basins, and laterals to relieve flooding issues near trailer park due to undersized pipe. Site 3: West Marginal Way Outfall Replace failing outfall and portion of storm drain pipe to eliminate a sink hole in adjacent driveway. Additional sink hole areas have formed during the December 2008 /January 2009 storms. 60% design was completed as part of the 2004 small drainage program. Design will be updated and finalized based on current conditions. Work on these projects shall include any necessary survey, alternative analyses, quantity estimating and cost estimating to complete the projects. Surveyed base maps and horizontal utility locations will be provided for all projects. Previous mapping from the 2004 Annual Small Drainage Program will be used for the project base map on site 3. Project horizontal and vertical datum's will be assumed on all projects. The Consultant shall prepare a SEPA checklist, JARPA application, and provide coordination with Washington Department of Fish and Wildlife for Sites 1, 2, and 3: It is our understanding that none of the projects will require biological assessments, additional permits, detention facilities, or water quality treatment facilities. The budget assumes a straightforward approval process with no special studies or extensive coordination. City of Tukwila KPG 2009 Annual Small Drainage Program 1 of 2 January 19, 2009 A potholing allowance of $5,000 is included in the estimated fee to determine existing subsurface utility elevations in key locations that are identified during base mapping and preliminary design. Exhibit A It is anticipated that the projects will be bid as one package for the 2009 Small Drainage Program. The Consultant shall perform base mapping, permit agency coordination, utility coordination, and preliminary design and cost estimating for each of the project sites to assist the City with prioritization for the bid package. Projects will be prioritized based on available budget and other factors (such as permit complexity, utility relocation needs, easements, etc.) to achieve a realistic schedule and project listing for the 2009 Small Drainage Program. For the 2009 Small Drainage Program, the Consultant shall submit 50% (plans and estimate only) and 90% plan, specification, and estimate submittals for City review prior to bidding. The City may reprioritize the projects based on estimated costs and available budget. Deliverables: The Consultant shall provide the following deliverables: SEPA checklist for work on sites 1, 2, and 3. JARPA application for sites 1, 2, and 3 HPA Distribution of 50% Plans to utilities 2009 Small Drainage Program: 10 copies, 50% Plans and Estimates 5 copies, 90% Plans, Specifications and Estimates Full size mylar copy of Final Plans 10 copies, Y2 size Final Plans (Bond) 10 copies, Final Specifications 1 copy, Final Engineers Estimate Coordination and upload to BXWA.com The City shall provide the following items: Property owner contact information Existing utility information, as available Plan reviews and comments Easement negotiations, if required. Fees associated with advertisement on BXWA.com City of Tukwila KPG 2009 Annual Small Drainage Program 2 of 2 January 19, 2009 EXHIBIT B HOUR AND FEE ESTIMATE 2009 ANNUAL SMALL DRAINAGE PROGRAM EXHIBIT B HOUR AND FEE ESTIMATE 2009 ANNUAL SMALL DRAINAGE PROGRAM UTILITIES CONE HTTEE Meeting Minutes January 27, 2009 5:00 p.m. Conference Room #1 City of Tukwila Utilities Committee PRESENT Councilmembers: Kathy Hougardy, Chair; Pam Lmder, and Dennis Robertson Staff: Jim Morrow, Frank Inarte, Bob Giberson, Pat Brodin, Ryan Larson and Kimberly Mate CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:02 p.m. I. PRESENTATIONS No Presentations. II. BUSINESS AGENDA A. Comcast Franchise Agreement Staff is seeking full Council approval to amend Ordinance Number 1688, providing a one -year time extension to the City's franchise agreement with Comcast, formerly known as Telecommunications Inc. of Seattle. This 15 -year non- exclusive franchise agreement between the City and Comcast is for the construction, operation and maintenance of a cable system within the City. The current agreement is set to expire on February 1, 2009, and staff is currently in discussions with Comcast regarding terms and conditions of a new franchise agreement. Due to concerns with changing technology and FCC mandates, staff is requesting additional time to negotiate a new agreement. Due to the current agreement expiring on February 1, 2009, staff is requesting this item go directly to the February 2 Regular meeting for consideration and action. UNANIbi MOUS APPROVAL. FORWARD TO FEBRUARY 2 REGULAR MEETING. B. 2009 Annual Small Drainage Program Consultant Selection and Agreement Staff is seeking approval to enter into a consultant agreement with KPG, Inc. m the amount of $58,584.86 for design services for the City's 2009 Annual Small Drainage Program. KPG was chosen from the City's consultant roster (Municipal Research and Services Center Rosters). Three projects have been identified for construction m 2009 through maintenance and citizen complamts. Sites 1 and 3 have been on the construction list for several years, and Site 2 was recently identified and is causing property damage. Through this design services agreement, KPG, Inc. will be able to tell the City the most cost effective way to approach and construct this project. KPG has worked with the City on the City's Small Drainage Program since 1991. Staff will return to the Committee for program bid award at a later date. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSION. M. MISCELLANEOUS Meeting adjourned at 5:35 p.m. Next meeting Tuesday, February 10, 2009 5:00 p.m. Conference Room No. 1. Committee Chair Approval CAS NUMBER: 09-022 AGENDA ITEM TITLE CATEGORY SPONSOR SPONSOR'S SUM MARY MTG. DATE 02/09/09 02/17/09 MTG. DATE 02/09/09 02/17/09 09 COUNCIL AGENDA SYNOPSIS itireeting Date 02/09/09 02/17/09 Iiritialr Prepared by 7 a 1 Mayor's review 2009 2010 Annual Overlay Repair Program Consultant Agreement with KPG, Inc. Discussion El Motion Resolution Ordinance I%I1g Date 02/09/09 Mtg Date 02/17/09 Mtg Date Mtg Date Council re,.ze {v WA/ RECORD OF COUNCIL ACTION ITEM INFORMATION 1 ORIGINAL AGENDA DAIS: FEBRUARY 9, 2009 2-1,C, Bid Award n Public Hearing ATTACHMENTS Informational Memorandum dated 02/03/09 (revised after TC) Vicinity Maps Consultant Agreement with Scope of Work and Fee Minutes from the Transportation Committee meeting of 02/02/09 ITEM No. Other Mtg Date Mtg Date Mtg Date Council Mayor Adrn Svcs DCD n Finance Fire Legal n P&R Police PTV This contract is for design of the 2009 2010 Annual Overlay and Repair Program. KPG was selected to provide design services for a two -year cycle beginning in 2008 and is currently in the second and final year of that design. This contract will complete final design and advertise the projects for bid that includes a list of 22 streets sections. Council is being asked to approve the contract with KPG, Inc. in the amount of $144,333.06. Transportation Cmte n Planning Comm REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. DATE: 02/02/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMM1I rEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT 1 FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED $144,333.06 $200,000.00 Fund Source: 104 ARTERIAL STREET FUND (PAGE 20, 2009 CIP) Comments: APPROPRIATION REQUIRED TO: City of Tukwila Mayor Haggerton TRANSPORTATION COMMITTEE FROM: Public Works Director T1) DATE: February 3, 2009 ((jj SUBJECT: 2009 2010 Annual Overlay and Repair Program Project No. 09 -RW01 Consultant Agreement ISSUE Execute a contract with KPG, Inc. to provide design services for the 2009 2010 Annual Overlay and Repair Program. BACKGROUND INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor KPG, Inc. was selected to provide design services for the City's Annual Overlay Program for a two -year cycle beginning in 2008. 2009 is the second and final year of design services resulting from that consultant selection process. By selecting a consultant for two consecutive years, the City was able to save time and money by completing the base mapping of the selected projects for the 2009 2010 Overlay Program in 2008. This contract will complete final design and advertise the project for construction bids in order to take advantage of the optimal bidding climate that usually occurs early in the calendar year. The list of streets (following page) for the 2009 2010 Overlay Program was developed using the City's Pavement Management Program and input from our engineering and maintenance staff. DISCUSSION KPG, Inc. has provided a contract, scope of work, and fee estimate to design the 2009 2010 Annual Overlay and Repair Program (see attached). Design (Budget 2009) (Budget 2010) RECOMMENDATION Contract Budget $144,333.06 $100,000.00 100.000.00 $144,333.06 $200,000.00 The Council is being asked to approve and forward the proposed contract with KPG, Inc. in the amount of $144,333.06 for consideration at the February 9, 2009 Committee of the Whole meeting and subsequent February 17, 2009 Regular Meeting. INFORMATIONAL MEMO Page 2 The 2009 2010 Annual Overlay Repair Program list includes: 1. 5 133 Street: 2. Corporate Drive N: 3. S 150 Street: 4. 33` Avenue South: 5. 32 Avenue South: 6. S 130 Place: 7. S 144 Street: 8. S 130 Place: 9. S 115 Street: 10. E Marginal Way: 11. Upland Drive: 12. 51 Avenue S: 13. S 112 Street: 14. 34 Avenue S: 15. 41 Avenue S: 16. 45 Place S: 17. S 138 Street: 18. S 148 Street: 19. S 146 Street: 20. S 131 Street: 21. S 142n Street: 22. 41s Avenue S: P \PROJECTS\A- RW RS Projects\09RWO1 2009 -10 Overlay\InfoMemo2009 gl.doc 32 Avenue South to 34 Avenue South Andover Park West to west cul -de -sac Military Road to Tukwila International Boulevard S 132 Street to S 130 Street S 135 Street to S 133` Street 56 Avenue S to 57 Avenue S Interurban Avenue 5 to east end 50 Place S to 56 Avenue S Interurban Avenue S to 42 Ave S S 126 Street to SR -599 Bridge Andover Park W to west cul -de -sac S 138 Street to north end West end to Tukwila International Blvd S 135 Street to S 132 Street S 131 Street to S 130 Street S 137 Street to 5 136 Street 51 Avenue S (W) to 51 Avenue S (E) Military Road to Tukwila International Blvd Military Road to Tukwila International Blvd 41S Avenue S to 42n Avenue S Military Road to east cul -de -sac S 139 Street to north end attachments: Vicinity Maps (2) Contract with Exhibits of Scope of Work and Fee Estimate lel 113 St St r Hiontlne S 45: St c 4 i Foster N N S 1 .t 5j Golf se all 11� S Course 9 v .4 37 S 139 St p J N 134 St �S N�-' f S t42 S141 S v b .s 4 N N .Na S 100 St S 104S u S107Si S108St1 Rainier Golf Country Club S 124 St S 116 St s Is 138 St S154St S 133 St S 135 St S 142 St 12' S 144 St 1 14B 5 150 St 1 S 154 St City of Tuktiu2la s r 5107 NO St yN S la ala N 1 Wt s 4St 5113 t S[/14 S N 156 St St ,o N J. February 7, 2008 FOSTER GOLF COURSE FORT DENT PARK 2009 - 2010 OVERLAY PROJECTS VICINITY MAP W S 151 St J `IS 150 St S151St S 152 St cn N S 160 S 150 S 150 LIR1 S 152 St Q w SSA I`- 'iv 'e m tO v'` v 16� —,--4-. L--•.L S 164 St NJ� S166S w S 16�5 z ro y vv. S 149 St v., S 151St o\ -1-- 151 S153St STRANDER BOULEVARD CORPORATE BOULEVARD ParkyaY S 158 St Evans a iaV/Z Stack Dr g Faker Blvd g 2. City of Tukwila Treck Dr) Kirk er 11 Bvd o Midlan+ Saxon \-3, -v1 DrWe �s z hand Dr Q 80 St N gale Pk Dr! 3 D Riverside '''i��/ j Q'7 u Todd Q y, Blvd a s 1 s, S Glacier, St 4* a Cb S 4 St; 18 cs° ti 2009 - 2010 OVERLAY PROJECTS Vicinity Map Februa'r'y 7, 2008 CONSULTANT AGREEMENT FOR ROADWAY DESIGN SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and KPG, Inc., hereinafter referred to as the Consultant in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform roadway design services in connection with the project titled 2009 2010 Overlay Program. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 365 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $144,333.06 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, includmg reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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 the Consultant nor any employee of the Consultant 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 for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: KPG, Inc. 753 9th Avenue N. Seattle, WA 98109 17. Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this day of 2009 CITY OF TUKWILA CONSULTANT By: Jim Haggerton, Mayor Nelson Davis Principal Title: Attest/Authenticated: Approved as to Form: Christy O'Flaherty, CMC, City Clerk Office of the City Attorney EXHIBIT A City of Tukwila 2009 2010 Overlay Program Scope of work January 27, 2009 TASK 1 2009 2010 OVERLAY PROGRAM The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay projects: o S 133` Street: Corporate Drive N: S 150 Street: 33` Avenue South: o 32n Avenue South: S 130 Place: S 144 Street: S 130 Place: a S 115 Street: E Marginal Way: Upland Drive: 51 Avenue S: o S 112 Street: 34 Avenue S: 41 Avenue S: 45 Place S: o S 138 Street: S 148 Street: S 146 Street: o S 131 Street: o S 142 Street: o 41 Avenue S: 32 Avenue South to 34 Avenue South Andover Park West to West Cul -de -sac Military Road to Tukwila International Boulevard S 132 Street to S 130 Street S 135 Street to S 133` Street 56 Avenue S to 57 Avenue S Interurban Avenue S to east end 50 Place S to 56 Avenue S Interurban Avenue S to 42n Ave S S 126 Street to SR -599 Bridge Andover Park W to West Cul -de -sac S 138 Street to north end West end to Tukwila International Blvd S 135 Street to S 132 Street S 131 Street to S 130 Street S 137 Street to S 136 Street 51s Avenue S (W) to 51s Avenue S (E) Military Road to Tukwila International Blvd Military Road to Tukwila International Blvd 41 Avenue S to 42 Avenue S Military Road to East Cul -de -sac S 139 Street to north end The Consultant shall provide all necessary field reviews, base mapping, and utility notification required to complete final bid documents. The Consultant will provide full size record mylar plans (1 copy) and 10 copies of the final plans and specifications to the City at time of bid advertisement. Plans and specifications will also be uploaded to Builder's Exchange for bid purposes. Interim review submittals (5 copies) will be prepared at the 50% and 90% stage of plan completion. The Consultant shall also prepare the bid tabulation, check low bidder(s) references, and provide a recommendation for award to the City. Mapping will be based on aerial photos, GIS information and field measurements by Consultant staff. Topographic survey, right of way determination, permitting, environmental documentation, geotechnical review, or stormwater detention and water quality have not been included in this scope and estimate. Projects will be bid as a single bid package as budget allows. Projects may be re- prioritized or deferred to a future overlay program based on available budget and other considerations. Detailed estimates will be prepared at the 50% design to determine the final projects to be included in the 2009 2010 Overlay Program. An allowance of $2,000 is included to provide support and to the City's pavement management system. This work will be performed by Pavement Engineers Inc. under subcontract to the Consultant. HOUR AND FEE ESTIMATE EXHIBIT B Project: City of Tukwila 2009 - 2010 Overlay Program I *Labor Hour Estimate Senior Project Task Description Engineer Engineer I Technician Clerical 177.45 113.57 I 85.18 65.78 Task1 2009 2010 Overlay Program 1.1 Management Coordination Administration 8 1.2 Utility coordination 0 1.3 Prepare base maps S 133rd Street 0 Corporate Drive N 0 S 150th Street 0 33rd Avenue S 0 32nd Avenue S 0 S 130th Place 0 S 144th Street 0 S 130th Place 2 S 115th Street 2 E Marginal Way 2 Upland Drive 0 51st Avenue S 0 S 112th Street 2 34th Avenue S 2 41st Avenue S 0 45th Place S 0 S 138th Street 0 S 148th Street 0 S 146th Street 0 S 131st Street 0 S 142nd Street 0 41st Avenue S 0 1.4 Prepare overlay plans (estimate 40 sheets) 40 1.5 Quantities estimates 16 1.6 Prepare specifications 8 1.7 Prepare review submittals 8 Reimbursable expenses see breakdown for details Task Totals 90 Estimated rates are based on: Overhead as 163.63% of direct salary cost Fee calculated as 15% of direct salary overhead 01/28/2009 KPG Architecture Landscape Architecture Civil Engineering Total Fee Fee 8 0 i 8 2,854.40 8 0 8 1,434.80 8 16 1 0 2,271.44 4 12 j 0 1,476.44 4 12 j 0 1,476.44 8 16 1 0 1 2,271.44 8 16 0 2,271.44 4 12 1 0 1,476.44 8 16 j 0 1 2,271.44 12 36 0 4,784.22 12 i 36 1 0 I 4,784.22 12 36 1 0 i 4,784.22 4 12 i 0 1,476.44 8 16 0 2,271.44 8 16 I 0 i 2,626.34 8 16 0 2,626.34 4 12 0 1,476.44 4 12 1 0 1,476.44 4 12 1 0 i 1,476.44 4 12 0 1,476.44 4 I 12 0 1,476.44 4 12 1 0 i 1,476.44 4 12 0 1,476.44 8 i 16 0 2,27144 240 I 320 0 61,612.40 40 i 80 0 14,196 40 24 1 16 8 6,034.40 16 1. 16 8 I 5,125.84 j 1 3,600.00 480 i 800 1 32 I 144,333.06 Total Estimated Fee: 144,333.06 Reimbursable Breakdown Cost Task1 2009 2010 Overlay Program Mileage 400.00 Reproduction 1000 1/2 size plans $0.20 200 00 Reproduction 40 full size mylars $10.00 400.00 Reproduction Specifications 400 00 Upload Charges for BXWA.com 200.00 Allowance for Pavement Management Support 2,000.00 Task 1 Total 3,600.00 TRANSPORTATION COMMITTEE Meeting Minutes February 2, 2009 5:00 p.m. Conference Room 1 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Verna Griffin Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Jon Harrison and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:09 p.m. L PRESENTATIONS No presentations. City of Tukwila Transportation Committee II. BUSINESS AGENDA A. 2009/2010 Overlay Proram Consultant Recommendation and Aereement Staff is seeking full Council approval to enter into a contract with KPG, Inc. in the amount of $144,333.06 for design services for the 2009/2010 Overlay Program. 4 In 2008, KPG was selected as the design consultant for the Overlay Program for a two -year period. Selecting a consultant for a two -year period allowed the design process for 2009/2010 Overlay Program to begin in the 4 quarter of 2008. Staff has developed a list of 22 streets for KPG to complete final design on and advertise for construction bids. This list of indentified street utilizes the biennial budget process and incorporates two years worth of work (overlay for 2009 and 2010). The City's annual investment in the overlay program is approximately $1 million. This pavement management system evaluates the status of all the streets in order to fulfill the City's self imposed maintenance requirement. It is anticipated that the current List of proposed overlay locations will be over the biennial construction budget. If that is the case, locations will be prioritized as needed. Staff will return to Committee at a later date with a construction bid. The final list of projects will depend on cost estimates, with a balance made between the cost of the project and its priority. UNANiVIOUS APPROVAL. FORWARD TO FEBRUARY 9 COW FOR DISCUSSSION. M. MISCELLANEOUS Meeting adjourned at 5:37 p.m. Next meeting: Tuesday,* February 17, 2009 5 :00 p.m. Conference Room 1 *Tuesday meeting due to holiday Committee Chair Approval Minutes by KAM. Reviewed by GL RT Tentative Agenda Schedule I..... MONTH> .... February 16"' - Presidents' Day (City offices closed) March 30'" - Fifth Monday of the month-no Council meeting scheduled April _- 0... --. MEETINGl-- - REGULAR 2 2 Special Presentation: Overview of 2008 and goals for 2009 aulia Patterson, King County Council) New Business: Motion to elect a Mayor Pro Tern 6 - - MEETING 2:- C.O.W. 9 See agenda packet cover sheet for this ,veek' 5 agenda (Felnuary 9, 2009 Committee of the Whole Meeting) 9 Special Presentations: - Federal briefing on legislative issues - State of the Municipal Court 13 -.. - MEETING 3 - REGULAR- 17 (Tuesday) 23 Special Presentation: Seattle Southside community report Appointment Community- Oriented Policing Citizens Advisory Board (COPCAB) Unfinished Business: - Human Services contracts - Agreement for the 2009 Annual Small Drainage Program - Agreement for the 2009-2010 Overlay Program 16 20 --;---=- ~ --=- MEETINc;4- C.O.W. Public Hearin!r: Street vacation of a portion of right-of-way along 13911 TukwiIa Inn Blvd. 23 COMMITTEE OF THE WHOLE MEEIlNG TO BE FOLLOWED BY A SFEOAL }'lEEI1NG 27 Upcoming Meetings & Events FEBRUARY 2009 9th (i\fondav) 10th ITuesdav) ] lth (Wednesday) 12th IThursdav) 13th (Fridav) ]4th (Saturday) }> Community ? Utilities Cmte, FREE Local Hoop }> Human Services Council CoHee Affairs & 5:00 PM Shoot Contest Advisory Chat Parks Cmte, (CR iiI) Free throw shooting Board, 10:00 AM to 5: 00 PM contest open to boys 10:00 AM 12:00 NOON (CR #3) ? Highway 99 and girls ages 5 to 14. {Human at Starbucks Action Cmle, (Warm-ups begin at Services office) (13038 Interurban r City Council 7:00 PM 5:30 PM; contest Ave.) Committee of (Community starts at 6:00.) the Whole Center) C:J . Mtg., 7:00 PM ._------~ (Council Chambers) Stop by and informally talk with a Tukwila City FREE Local Hot Councilmember about anything on Spot Competition your mind regarding Test your basketball Tu.:wila. skills shooting from five "Hot Spots." Open to boys and girls ages 7 to 14. (Starts at 7:00 PM) Both events will be held at Tukwila Community Center. Call 206-768-2822 for more information. 16th (J'vlondav) 17th (Tnesdav) 18th (Wednesdav) 19th (Thursdav) 20th (Fridav) I 2]st (Saturdav) }> Transportation }> fiFlafH;e &: Safety }> Crime Hot Presidents Day Cmte, Gmte Spots Task 5:00 PM C^,"CELLED Force i\.ltg., City offices closed (CR iiI) 10:00 AM ? Parks (CR #5) ~.--... PLEASE NOTE ,( (-1-, .. ? City Council Commission, ,--~!..q~~rr{~:~ Regular 1v1tg" 5:30 PM NEW MEETING .~~-- 7:00 PM (Community DAY THIS YEAR. At~r (Council Center) Sunday, Feb. 22 Chambers) > Domestic Violence Task Ra!IfIUo ~MIf/ > Library Advisory Foree. Board, 12:00 NOON ~I'IfMU 7:00 PM (CR #5) (Foster Library) 3:00 PM > Tukwila Foster Performing Arts Center Historical For more information Society, call 206-781-5618 I 7:00 PM or visit www.rainier I (George Long symphony.org facility) > City Council Committee of Whole (CO.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. > City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room li3. Agenda items far 2/9/09 meeting: (A) Renewal a/Sign Code moratorium. (8) Amendment to interlacal agreementfor conservationfuluresfor Duwamish Gardens. (C) Consultant selection far Rivertan Creek Flap Gate Project. > Crime Hot Spots Task Force: 3rd Thurs., 10:00 AM, Conf. Room #5. Contact Phi Huynh at 206-433-7175 > Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room li5. Contact Evie Boykan or Stacy Ha/'.sen at 206-433-7180. > Finance & Safety Committee: 1st & 3rd Tues., 5:00 PM, Conf. Room #3. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206-433-1812. ~Human Services Advisory Brd: 2nd Fri. of even months, 10:00 ^,\-!, Human Services Office. Contact Evie Boykan at 206-433-7180. ~ Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206-767-2342. > Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206-767-2342. ?Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. ~Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206-433-1860. > Utilities Committee: 2nd & 4th Tues., 5:00 PM, Conf. Room #1. Agenda item far 2/10109 meeting: (A) Time Warner telecam franchise agreement ordinance.