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HomeMy WebLinkAbout26-062 - Contract - City of Covington - King County Bar Association Legal Services for ResidentsDocusign Envelope ID: 214292BB-FC2B-42BC-8OB2-F032CB52BF5C 018-2025 26-062 Council Approval N/A Reference #03-041 CITY OF COVINGTON AGREEMENT FOR HUMAN SERVICES THIS HUMAN SERVICES AGREEMENT (the "Agreement") is entered into by and between the City of Covington, Washington, a municipal corporation of the State of Washington (the "City"), and King County Bar Association (the "Agency") (each individually a "Party," and collectively the "Parties"). WHEREAS, the City has determined the need to have certain human services performed for its citizens; and WHEREAS, the City desires to have the Agency perform such services and the Agency agrees to perform such services; and WHEREAS, the City and the Agency wish to establish the general terms and conditions that shall apply to the services rendered by the Agency on behalf of the City; WHEREAS, Covington has entered into a Memorandum of Understanding with other local cities for the planning, funding, and implementation of joint human services contracts; and WHEREAS, it is Covington's responsibility to enter into an agreement with the Agency on behalf of the cities that are party to the Memorandum of Understanding; and WHEREAS, Exhibit C of this Agreement outlines the specific cities and funding amount for the MOU. NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth in this Agreement, the Parties hereto agree as follows: 1. TERM. This Agreement shall be in full force and effect for a period commencing on January 15Y, 2025, and ending on December 31St, 2026 unless sooner terminated under the provisions of this Agreement. 2. PROJECT SERVICES. The Agency shall perform services for the City as specifically described in "Exhibit A" attached hereto and fully incorporated herein by this reference, generally known by the project title of Legal Support (the "Services"). 3. PERFORMANCE STANDARDS. 3.1. Performance Quality. The Agency shall perform the Services pursuant to the performance measures included in Exhibit A. The Agency shall be solely responsible for the quality and suitability of the Services provided under this Agreement. The City shall determine whether the Services provided by the Agency are satisfactory to the City pursuant to the performance measures. If during the term of this Agreement the City determines the Agency's Services are not satisfactory for any reason, the Agency shall take such corrective action as the City may require. Failure to promptly take such action shall constitute a material breach of this Agreement and may be cause for termination for cause, in the City's sole discretion. 3.2. Notice Affecting Performance. The Agency shall notify the City of any matters that could adversely affect the Agency's ability to continue to perform the Services under this Agreement and shall do so immediately after the Agency's discovery of the same. 4. FUNDING/ METHOD OF PAYMENT. Inconsideration of providing the Services, the City shall provide the Agency with funding as set forth on "Exhibit B" attached hereto and incorporated herein by this reference. Funds from other agencies will be paid with successful completion of service unit goals as Docusign Envelope ID: 214292BB-FC2B-42BC-80B2-F032CB52BF5C outlined in Exhibits C and D in compliance with the Memorandum of Understanding. The total amount of funding shall not exceed $2,200 annually from Covington and the total from all cities involved in the Memorandum of Understanding will total $39,100 annually. Payment is subject to the following: 4.1. Approved Budget. The Agency shall use the funds received under this Agreement to provide the Services and according to the approved budget of the Agency. The Agency shall request prior approval from the City whenever the Agency desires to amend its budget by transferring funds among its budget categories. 4.2. Method of Payment. Funds shall be paid quarterly by the City following the Agency's proper submittal of an invoice and quarterly report through the City's online application, as specified in Exhibit B hereto. Funds will be paid to the Agency on a prorated basis. The percentage of Service performance measures achieved in Exhibit A, C, and D will be used to calculate each payment to the Agency. 4.3. Withholding Funds. Funds maybe withheld by the City until such time as all Service performance measures identified in Exhibit A hereto have been met to the City's satisfaction. The review and withholding funds will take place on a quarterly basis as follows: 4.3.1.If the Agency does not achieve SO percent of its Exhibit A, C, and D performance measures by the conclusion of the second quarter, that payment shall be withheld until such time as the Agency reaches that performance measure. 4.3.2. If the agency does not achieve 75 percent of its Exhibit A, C, and D performance measures by the conclusion of the third quarter, that payment shall be withheld until such time as the Agency reaches that performance measure. 4.3.3. If the agency does not achieve 90 percent of its Exhibit A, C, and D performance measures by the conclusion of the fourth quarter, the final payment shall be prorated to reflect the total percentage of performance measures achieved by the agency. 4.4. Payment on Termination. In the event the City terminates this Agreement as set forth in Section 12, below, the City shall pay the Agency for only those Service performance measures attained to the satisfaction of the City. 4.5. Remedial Action. If the City or any auditor shall determine through program review, contract monitoring, or audit that the City has overpaid the Agency, or has paid the Agency for Services not properly rendered, or has reimbursed the Agency for costs or Services not allowed under the terms of this Agreement, the Agency shall reimburse the City all disallowed amounts within thirty (30) days of invoice. The City, in its sole discretion, reserves the right to withhold any payments due to the Agency under this Agreement in order to offset any amount not timely repaid after invoice, or to make alternative arrangements for repayment by the Agency. Additionally, following any adverse audit finding, the Agency shall undertake any corrective action that the City may reasonably require. The City's remedies in this section are cumulative and shall not be construed to amend, limit, or waive any of the City's remedies at law or equity. 4.6. Non -appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, The City will so notify the Consultant and shall not be obligated to make payments for services or amounts incurred after the end of the City's Page 2 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Docusign Envelope ID: 214292BB-FC2B-42BC-8082-F032CB52BF5C current fiscal period. This Agreement shall be terminated upon completion of all remaining services for which funds are allocated. No penalty or expense shall accrue to the City in the event that the terms of this provision are effectuated. 5. PROHIBITED INTERLINKINGS. No person shall, as a condition to receiving the Services from the Agency, be required to do any of the following: (1) pay any fees other than those contemplated and included by specific reference in Exhibit A hereto; (2) secure a membership in the Agency or an affiliated organization; (3) be solicited to attend a religious service or subjected to religious instruction; nor (4) be subjected to discrimination in receipt of the Agency's Services on account of a failure to make extra payments or to participate in such Agency activities. 6. INDEPENDENT CONTRACTOR. The relationship of the Agency to the City by reason of this Agreement shall be that of an independent contractor, and the Agency agrees that no employee of the Agency shall be deemed or claimed to be an employee of the City for any purpose. The Agency shall retain full control over its activities and the activities of its employees and agents, and over the means, procedures, and techniques utilized in performing its Services hereunder. This Agreement does not authorize the Agency to act as the agent or legal representative of the City for any purpose whatsoever. The Agency is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. 7. INDEMNIFICATION. The Agency shall defend, indemnify, and hold the City and its employees, officers, and agents harmless from all losses, liabilities, claims (including claims arising under federal, state, or local environmental laws), costs (including attorneys' fees), actions, or damages of any sort whatsoever arising out of any actual or alleged property damage, bodily injury, violation of individual rights, or monetary penalty resulting from (1) the Agency's performance of the Services under this Agreement, or the performance of the Services by any of the Agency's employees, subcontractors, agents, volunteers, or licensees; (2) any act, omission, or willful misconduct by the Agency, its employees, subcontractors, agents, volunteers, or employees; and (3) any breach of this Agreement. The foregoing indemnity is expressly intended to and shall constitute a waiver of the Agency's immunity under Washington's Industrial Insurance Act, RCW Title 51, but only with respect to the City and to the extent necessary to provide the City with a full and complete indemnity from claims made by the Agency's employees. The indemnification provided for in this section shall survive any termination or expiration of this Agreement. THE AGENCY AND CITY ACKNOWLEDGE THAT THEY SPECIFICALLY NEGOTIATED AND AGREED UPON THE INDEMNIFICATION PROVISIONS OF THIS SECTION. 8. INSURANCE. 8.1. The Agency shall procure and maintain in full force throughout the duration of this Agreement Commercial General Liability insurance with a minimum coverage of $2,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury and property damage. The coverage shall include completed operations. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The said coverage shall name the City as an additional named insured on the insurance policies, and an original Certificate of Insurance naming the City as an additional insured shall be delivered to the City's finance department. A COPY OF THE AMENDATORY ENDORSEMENT NAMING THE CITY AS AN ADDITIONAL INSURED USING AN ENDORSEMENT AT LEAST AS BROAD AS ISO ADDITIONAL INSURED ENDORSEMENT CG 20 10 10 01 AND ADDITIONAL Page 3 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Docusign Envelope ID: 214292BB-FC2B-42BC-8082-F032CB52BF5C INSURED -COMPLETED OPERATIONS ENDORSEMENT CG 20 37 10 01 OR SUBSTITUTE ENDORSEMENTS PROVIDING AT LEAST AS BROAD COVERAGE AND SHALL BE ATTACHED TO THE CERTIFICATE OF INSURANCE. 8.2. In addition to the insurance provided for in subsection 8.1 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 $2,000,000 per occurrence and in the aggregate. For the purposes of this paragraph "professional services" shall mean any services provided by a physician, licensed psychologist, or other licensed professional. 8.3. Certificates of coverage as required in subsections 8.1 and 8.2 above shall be delivered to the City within fifteen (1S) days of execution of this Agreement. 9. RECORD KEEPING AND REPORTING. 9.1. Record Retention. The Agency shall maintain all accounts and records. These records will include personnel, property, financial and programmatic records that sufficiently and properly reflect all direct and indirect costs of any nature expended and Services performed pursuant to this Agreement. These records may be necessary to the City to ensure proper accounting for all funds contributed by the City for the performance of this Agreement and compliance with this Agreement. 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 state archivist in accordance with Chapter 40.14 RCW and by the City. 9.2. Reporting. The Agency shall provide reports on a quarterly basis to the City pursuant to Exhibits A and B hereto. These reports shall be submitted to the City along with invoices on at least a quarterly basis, within twenty (20) business days after the close of each billing period, and pursuant to the terms herein, unless another time period and/or procedure is otherwise set forth by the City. 9.3. 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 during the performance of this Agreement. The City shall have the right to an annual audit of the Agency's financial statement and condition. 10. IDENTITY OF PROGRAM PARTICIPANTS/BENEFITS RECIPIENTS. The use or disclosure by any Party of any identifying information concerning the identity of any participant in any of the Services or benefits provided under this Agreement for any purpose not directly connected with the administration of the City's or the Agency's responsibilities with respect to the Services provided under this Agreement, is prohibited except on written consent of the participant or recipient or client, his or her attorney, or responsible parent or guardian. 11. TERMINATION. 11.1. For Convenience. This Agreement may at any time be terminated without cause by the City upon giving the Agency thirty (30) calendar days written notice of the City's intention to terminate the same. Page 4 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Docusign Envelope ID: 214292BB-FC2B-42BC-8082-F032CB52BF5C 11.2. For Breach. If the Agency is found to be in breach of any term of this Agreement, including if its insurance coverage is canceled for any reason, the City shall have the right to immediately terminate this Agreement upon written notice to the Agency. 11.3. Actions upon Termination. In the event of termination not the fault of the Agency, the Agency shall be paid for the Services properly performed prior to termination, together with any reimbursable expenses then due, but in no event shall such compensation exceed the maximum funding to be paid under this Agreement. The Agency agrees that this payment shall fully and adequately compensate the Agency and all subcontractors for all profits, costs, expenses, losses, liabilities, damages, taxes, and charges of any kind whatsoever (whether foreseen or unforeseen) attributable to the termination of this Agreement. GENERAL CONDITIONS 12. ASSIGNMENT AND SUBCONTRACTING. The Agency shall not assign or subcontract any of its obligations under this Agreement without the City's written consent, which may be granted or withheld in the City's sole discretion. Any subcontract made by the Agency shall incorporate by reference all the terms of this Agreement and any applicable and required federal, state, or local procurement procedures, except as otherwise provided. The Agency shall ensure that all subcontractors comply with the obligations and requirements of the subcontract. The Agency shall not subcontract with any party that is debarred, suspended, or otherwise excluded from, or ineligible for participation in, federal assistance programs under Executive Order 12549, "Debarment and Suspension." The City's consent to any assignment or subcontract shall not release the Agency from liability or obligation under this Agreement, whether occurring before or after such consent, assignment, or subcontract. 13. LEGAL REQUIREMENTS. 13.1. Generally. The Agency, at no expense to the City, shall comply with all applicable federal, state, and county laws; the ordinances of the City of Covington; and the rules, regulations, orders, and directives of each and the respective administrative agencies and the officers thereof. Without limiting the generality of this paragraph, the Agency shall specifically comply with the requirements of this section. 13.2. Licenses and Accreditation Standards. The Agency, at no expense to the City, shall secure and maintain in full force and effect all licenses, including a City of Covington business license, permits, accreditation standards, and similar legal authorizations required for the performances of the Services under this Agreement and shall comply with all requirements thereof. 14. 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. 15. MISCELLANEOUS PROVISIONS 15.1. Entire Agreement / Modification. This Agreement contains the entire agreement between Page 5 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Docusign Envelope ID: 214292BB-FC2B-42BC-8082-F032CB52BF5C the Parties 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. Either Party may request modifications to this Agreement. Proposed changes, which are mutually agreed upon, must be incorporated by written amendments to this Agreement signed by both Parties. 15.2. Future Support. The City makes no commitment of future Agency support and assumes no obligation for future support of the services and activities contracted for under this Agreement except as may be specifically provided for herein. 15.3. Notices. Notices required by terms of this Agreement should be sent to the other Party at the following addresses, unless otherwise requested, in writing, by one of the Parties: TO THE CITY: Julie Johnston Human Services Supervisor City of Covington 16720 SE 271st Street #100 Covington, WA 98042 TO THE AGENCY: Judy Lin Pro Bono Services Director King County Bar Association 1200 St" Ave, Suite 700 Seattle, Washington 98101 15.4. 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 or other proceeding is instituted to enforce any term of this Agreement, the Parties specifically understand and agree that venue shall be King County, Washington. In the event of a default under this Agreement, the substantially defaulting Party agrees to pay the substantially non -defaulting party's reasonable expenses which the latter incurs by reason thereof, including but not limited to reasonable attorney's fees, whether with respect to the investigation of such default or the determination of the application or the pursuit of remedies with respect thereto, or in legal proceedings or otherwise. The term "legal proceedings" as used in this paragraph shall include all litigation, arbitration, administrative, bankruptcy, and judicial proceedings, including appeals therefrom. 15.5. Remedies Cumulative. Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. 15.6. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Neither the acceptance by the City of any performance by the Agency after the time the same shall have become due nor payment to the Agency shall constitute a waiver by the City of the breach or default of any covenant, term, or condition unless otherwise expressly agreed to by the City, in writing. 15.7. Time is of the Essence. Time is of the essence in each and every term of this Agreement. 15.8. Headings. The titles of sections or subsections herein are for convenience only and do not define or limit the contents. 15.9. Severability. If any part of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provision shall remain in full force and effect and Page 6 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Docusign Envelope ID: 214292BB-FC2B-42BC-8082-F032CB52BF5C shall in no way be affected, impaired, or invalidated. 15.10. Entire Agreement. This Agreement, including all exhibits incorporated herein constitute the entire Agreement between the Parties. No verbal agreement or conversation between any officer, agent, associate, or employee of the City and any officer, employee, or associate of the Agency shall affect or modify any of the terms or obligations contained in this Agreement. 15.11. Negotiated Agreement. The Parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any Party on the basis of such Party's draftsmanship thereof. IN WITNESS WHEREOF, the Parties have executed this Agreement by having their representative affix their signatures below. CITY OF COVINGTON DocuSigneddby: �®� 1; P., a,. B10 Glib 8AE889F4E58E47E_._ Regan Bolli City Manager Date: 4/1/2025 KING COUNTY BAR ASSOCIATION Signed by: E�e6939fr By: Kathleen Jensen Its: KCBA Executive Director Date: 4/2/2025 Page 7 of 7 City of Covington Human Services Agreement—Last Updated December 2024 Calendar Year 2026 Exhibit A & B to Memorandum of Understanding (MOU) between the Cities for planning, funding, implementation of a joint human semides application and funding program Name of Nonprofit Agency & Program Participating Cities Funding Crisis Connections 2-1-1 Federal Way - Lead City $ 10,000.00 Covington $ 2,000.00 Des Moines $ 5,000.00 Renton $ 20,000.00 SeaTac $ 6,000.00 Tukwila $ 2,500.00 TOTAL $ 45,500.00 HealthPoint - DENTAL Covington - Lead City $ 5,000.00 Burien $ 5,100.00 Des Moines $ 5,000.00 Federal Way $ 20,000.00 SeaTac $ 7,500.00 Tukwila $ 7,500.00 TOTAL $ 50,100.00 HealthPoint - MEDICAL Covington - Lead City $ 10,000.00 Burien $ 5,000.00 Des Moines $ 10,000.00 Renton $ 15,000.00 SeaTac $ 7,000.00 Tukwila $ 7,500.00 TOTAL $ 54,500.00 King County Bar Association Covington - Lead City $ 2,200.00 Burien $ 11,000.00 Federal Way $ 16,500.00 SeaTac , $ 6,600.00 Tukwila $ 5,000.00 TOTAL $ 41,300.00 King County Sexual Assault Resource Center (KSARC) Renton - Lead City $ 20,000.00 Burien $ 8,902.00 Covington $ 2,000.00 Des Moines $ 4,500.00 Federal Way $ 22,800.00 SeaTac $ 5,200.00 Tukwila $ 8,977.00 TOTAL $ 72,379.00 PUBLISHED 12/10/2025 S:\HUMAN SERVICES\City Human Services Grants and South King County\Human Services General Fund MOU Agreements Page 1 Calendar Year 2026 Exhibit A & B to Memorandum of Understanding (MOU) between the Cities for planning, funding, and implementation of a joint human services application and funding program Mary's Place ti -Service Center Emergency Assistance (EARNS) Multi -Service Center Supportive Housing Burien - Lead City $ 22,660.00 Federal Way $ 50,000.00 Renton $ 22,000.00 SeaTac $ 10,000.00 Tukwila $ 10,000.00 TOTAL $ 114,660.00 Lead City - Federal Way $ 22,200.00 Burien $ 20,000.00 Renton $ 15,000.00 SeaTac $ 25,650.00 TOTAL $ 82,850.00 Lead City - Burien $ 6,300.00 Federal Way $ 11,500.00 SeaTac $ 6,900.00 Tukwila $ 5,450.00 TOTAL $ 30,150.00 Sound Generations Meals on Wheels (MOW) Lead City - Renton $ 15,000.00 Burien $ 11,700.00 Covington $ 7,900.00 Des Moines $ 4,000.00 Federal Way $ 18,900.00 SeaTac $ 14,195.00 Tukwila $ 12,237.00 TOTAL $ 83,932.00 Sound Generations Volunteer Transportation Services (VTS) Lead City - Renton $ 15,000.00 Burien $ 3,850.00 Covington $ 2,000.00 Des Moines $ 3,000.00 Federal Way $ 11,000.00 SeaTac $ 3,400.00 Tukwila $ 3,090.00 TOTAL $ 41,340.00 Summary of Lead Cities: Burien: Mary's Place Multi -Service Center - Shelter/Supp. Housing Covington: HealthPoint - Dental HealthPoint - Medical PUBLISHED 12/10/2025 S:\HUMAN SERVICES\City Human Services Grants and South King County\Human Services General Fund MOU Agreements Page 2 Calendar Year 2026 Exhibit A & B to Memorandum of Understanding (MOU) between the Cities for planning, funding, and implementation of a joint human services application and funding program King County Bar Association Federal Way: Crisis Connections - 211 Multi -Service Center - EARNS Renton: KSCARC Sound Generations - Meals on Wheels Sound Generations - Volunteer Transport Services PUBLISHED 12/10/2025 S:\HUMAN SERVICES\City Human Services Grants and South King County\Human Services General Fund MOU Agreements Page 3 Docusign Envelope ID: 214292BB-FC2B-42BC-80B2-F032CB52BF5C Human Service Joint Agreement — Exhibit C r 12 oty �,[ covin'kow�ardgt atness CITY OF COVINGTON 2025-2026 HUMAN SERVICES JOINT AGREEMENT SCOPE OF SERVICES KING COUNTY BAR ASSOCIATION Scope of Services to be provided by Grantee: Pro Bono Services (PBS) utilizes the services of volunteer attorneys, legal assistants and community members to provide free legal advice and services to low income individuals and families in King County. Our 40 Neighborhood Legal Clinics serves the largest number of clients annually and provides advice on any civil legal issue. PBS is a critical component to ensuring equitable access to justice and our legal system. The Grantee shall at least meet the following performance measures: A. Number Served The Grantee agrees to serve, at minimum, the following unduplicated number of persons with respective city funds: Location: Burien Cov. Federal Way Sea Tac Tukwila Unduplicated Clients Served 100 12 154 52 40 B. Units of Service The Grantee agrees to provide, at minimum, the following units of service: Location: Burien Cov. Federal Sea Tac Tukwila Way Service Unit 1: Households 40 8 60 24 18 Service Unit 2: Legal Services — 40 8 60 24 18 60 minutes C. Outcome Measure: 85% Clients will have a better understanding of their legal issue and/or available resources in the community.