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HomeMy WebLinkAbout11-003 - Auburn Youth Resources - 2011-2012 Human Services Contract No. 11-003 Council Approval N/A 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 Auburn Youth Resources, hereinafter referred to as "the Agency whose principal office is located at 815 F Street S.E., Auburn, WA 98002. 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 $2,500 for 2011 and $2,500 for 2012 at a rate of (see Exhibit C) unless a Consumer Price Index adjustment is made for 2012. 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, 2011 and ending December 31, 2012 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. of p v19,- 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 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 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 1t2 day of CM/ u O xn4 —O CITY OF TUKWILA AGENCY: 30 n-I J Y°011 las ev/ S 4 ke-ff,-/-.-70'; BY: 4 rOR, JimOerton SIG iTURE 1.d -�-v S l3 L14.0 C 1) PRINTED NAME ATTEST A THENTICATED: ADDRESS: (f. 3 6 J OT 2 174 k v B i)A-,v W r4 oo z. CITY CLERK, isty O'Flaherty f APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY LU) BY��.' EXHIBIT A 2011 -2012 Auburn Youth Resources 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, mobile outreach along Tukwila International Boulevard building rapport and establishing relationships with homeless young people, distributing food and emergency packs, case management and referral services, support for exiting prostitution, connections to housing and life skills support. 1st Quarter Serve 15 homeless Tukwila teens Provide 1 hour of case management Submit outcomes and indicators Include Tukwila specific narrative 2nd Quarter Serve 15 homeless Tukwila teens Provide 1 hour of case management Include Tukwila specific narrative 3rd Quarter Serve 15 homeless Tukwila teens Provide 1 hour of case management Include Tukwila specific narrative 4th Quarter Serve 14 homeless Tukwila teens Provide 1 hour of case management Include Tukwila specific narrative Submit demographics Submit outcomes results Funds will be used to pay for 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. 1 1 W p W W U a w 6 4 w a O p o N I G t vi I O I O O 1n tfr