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HomeMy WebLinkAbout11-035 - Community Schools Collaboration - 2011-2012 Human Services Contract No. 11 -035 Council Approval 2/7/11 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 Community Schools Collaboration of Tukwila, hereinafter referred to as "the Contractor" whose principal office is located at 16256 Military Rd South, Suite 102, 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 Contractor perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. 2. Compensation and Method of Payment. The City shall pay the Contractor 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 $100,000 for 2011 and $100,000 for 2012 at a rate of $8,333.33 monthly 2A. Criteria for Compensation. The Contractor will be expected to submit required reports and initiate bi- yearly presentations in a timely fashion. 3. Contractor Budget. The Contractor 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 Contractor shall request prior approval from the City whenever the Contractor 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. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any 1 o ao employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor 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 Contractor, 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 Contractor 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 Contractor. 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 Contractor, its officers, agents, and employees. 7. Insurance. A. The Contractor 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 Contractor 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. 2 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure 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 Contractor shall provide monthly or quarterly reports to the City containing statistical data concerning client services performed by the Contractor during the reporting period. The Contractor will report to the City the types and number of services which the Contractor provided, together with information concerning the number of people who participated or received the services, and other information as agreed upon. The Contractor shall submit its report according to Exhibit A and incorporated herein by this reference as if fully set forth. 9. Compensation and Method of Payment. The Contractor 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. 10. Revenues or Fees. A list of all proposed revenues or fees to be charged participants of the City funded program must be attached to this Agreement. Please attach the sliding fee scale if one is used. If fees to be charged is still in negotiation, those fee schedules must be received by the City as soon as they are agreed upon. 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 Contractor's financial statement and condition. 12. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 13. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 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. 3 14. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 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: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 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 _D day of icisCAr D-01/ CITY OF TUKWILA CONTRACTOR: C_vvArriwR I L s l c ,pe--4 Byt‘ .aoket.S/Pc 6_ IM ERTON 1>EPX.11 S ra s ATTEST /AUTHENTICATED: ADDRESS: lia7_SG, Qci'. t ii OZ Thi-M7 Pt- 9 I 55 CITY CLERK RISTY O'FLAHIkTY,CMC APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY 0 00 4 EXHIBIT A 2011 -2012 Amendment Community Schools Collaboration of Tukwila Contractor will provide the following programs to Tukwila students and families within the Tukwila School District: Student support including academic and program enrichment, family support including information, education and community linkages, and health services support including medical, dental and coordinated community health services. Contractor will provide the following reports to the City as indicated: 1. Monthly: Number of children served at each school, activities offered, program highlights and students on waiting lists. Report will also include summary of cultural liaisons. Reports will be sent to Mayor's Office, Human Services, Parks and Recreation and City Council. 2. Quarterly: Financial statements reflecting year to date expenditures and revenues related to Tukwila programming. Progress report on outcomes. 3. Bi- Yearly Presentation to City Council to address program update, progress on identified outcomes 4. Outcomes 2012 A. Increase homework completion and turn in B. 80% of CSC students will read at grade level by 3rd grade and be at grade level in math by 4th grade. C. Students will report increased 21St century skill building in areas such as imagination, innovation creativity, critical thinking, problem solving, relationships and collaboration. Funds will be used to pay for staffing at each of the schools (90 and program supplies(10 EXHIBIT A 2011 -2012 Amendment Scope of Services to be Provided by Contractor: Contractor will provide the following programs to Tukwila students and families within the Tukwila School District: student support including academic and program enrichment, family support including information, education and community linkages, and health services support including medical dental and coordinated community health services. Contractor will provide the following reports to the City as indicated: 1. Monthly: Number of children served at each school, activities offered, program highlights and students on waiting lists. Reports will be sent to Mayor's Office, Human Services, Parks and Recreation and City Council. 2. Quarterly: Financial statements reflecting year to date expenditures and revenues related to Tukwila programming. Progress report on outcomes. 3. Bi- Yearly- Presentation to City council to address program update, progress on identified outcomes 4. Outcomes 2012 A. Increase homework completion and turn in B. 80% of CSC students will read at grade level by 3` grade C. 80% of CSC students will be at grade level in math by 4 th grade D. Increase 21 Century skills Funds will be used to pay for staffing at each of the schools (90 and program supplies (10