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HomeMy WebLinkAboutCOW 2009-02-09 Item 4A - Agreements - $25,000 Human Services ContractsCAS 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.