Loading...
HomeMy WebLinkAbout17-024 - Multi-Service Center - 2017-2018 Emergency Financial Assistance / Human ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98184 CONTRACT FOR SERVICES Contract Number: 17-024 Council Approval 2/13/17 This is the city of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Multi Service Center, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 23699, 1200 S. 336t' St., Federal Way, WA 98093, WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower 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 and Schedule 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, The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according tothe rate and method set forth on Exhibit B attached bcco10 and incorporated herein by this reference. The total amount tohc paid shall not exceed $45'O00.00 for 20|7or$45,0UO.00 for 20l8. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the noosiruurn Unnitx set forth in this /\gcccnncuL The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. This ahuU be in full force and effect for a period commencing January |, 2017, and ending Dcccnohcc 31, 2018, un|caa 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 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. /5 f Q l ~ �\ � �1/j "L 5 C&Knv/ �d20\2 Page |of6 6 Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any rernedy available at law or in A. Minimum Scope ofInsurance. Contractor shall obtain insurance of the types and with the limits described below: Automobile Liqbility insurance with u cninirnunn combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services {)fDcc (ISO) fhon CA 00 01 or o substitute fhno providing equivalent liability coverage. If necessary, the policy shall hc endorsed toprovide contractual liability coverage. Commercial General Liabil�y insurance with }ionks no less than $1'000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 prod ucts-com pl eted operations aggregate limit. Connrocroiu| Gcucru| Liability insurance nho|| bc written no ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability nnounocd under an insured contract. The Coronnorcio| {3cnsro| Liability insurance sbu|| be endorsed to provide the Aggregate Per Project Endorsement ISO fbon CG 25 03 || 05 or an equivalent endorsement. There *h4|| be no endorsement ormodification of the Cunnonc,cio| Gcuo,a| Liability Insurance for liability arising from explosion, collapse or underground property damage. The City ohoU be named as on insured under the Contractor's [onnooeroiul (]cnero| Liability insurance policy with respect tothe work performed for the City using ISO Additional Insured endorsement CG 20 10 10 Ul and Additional Insured-Completed Operations codomcrncnt C(} 20 37 |U 01 or substitute ondooccnmots providing equivalent coverage. 3. as required by the Industrial Insurance laws of the State of CA Revised 1-2S13 Page 2of6 B. Other 8omorunoc Provision. The Contractor's Automobile Liability and Cnrncncrcio| Ocnood Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with C. Acceptability of Insurers. Insurance is to be placed with insurers with o current }\.M. Best rating of not less than A: VI I. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory odomroucoto, including but not noccsmoh|y limited to the additional insured endorsement, evidencing the insurance rcquincnncotm of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, tobcobtained b« subcontractors, which determination sbn|} be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Knmmraoc*, Failure on the part of the Contractor to maintain the insurance as required shall constitute anootcrin| breach of contract, upon which the City may, after giving five husiucoo days notice to the Contractor to correct the breach, immediately tcnnioutn the contract o[, at its discretion, procure o, renew such insurance and pay and all premiums in connection therewith, with any aurno so expended to be repaid to the City on demand, oru1the xo|c discretion of the City, offset against funds due the Contractor from the City. 0. Record Keepin2 and Reportin2. A. The Contractor aboU maintain accounts and records, including personnel, financial d 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 the performance of this Agreement. B. These records ahuU be maintained for o period of seven (7) years oUcr termination hereof unless permission 10 destroy them in granted by the office of the archivist in accordance with 8CVV Chapter 40.l4 and hy the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement oba|| he subject a1all tinneskr inspection, review nraudit by law during the nerfoonunccof this Agreement. 10. 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. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11, Discrimination Prohibited. The Consultant, with regard 0o the work performed 6vit under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran oiu(uu, sex, sexual orientation, gender identity, nnoribs| status, political affiliation or the presence of any disability in the selection and retention of employees or procurement ofmaterials or supplies, CA Revised 1-2013 Page 3 ofG 12^ Assi2nment and Subcontract. The Contractor shall not assign ncsubcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13^ Entire Aueement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severabillity and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 15. 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 mbai} be sent 10 the address provided by the Contractor upon the signature line below. 16. This Agreement shall be governed bv and construed in accordance with the laws of the State of Washington. In the cvrui any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue ahoU be properly laid in King County, Washington. The prevailing party in any such action shall bo entitled to its attorney's fees and costs n[suit. � DATED this uay of 200_- CITY OF TUKWILA City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney CONTRACTOR — Multi-Service Center By: Printed Name and Title: Robin R. Corak, CEO Address: 12OUS.33GthStreet Federal Way, WA 98003 CA Revised 1-2013 Page 4 of 6 EXHIBIT A 2017-2018 Multi-Service Center-Emergency Financial Assistance 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, direct financial (paid to provider) assistance for eviction prevention, utilities, water, sewer bills to help Tukwila residents maintain their housing, 1st Quarter ■ Serve 12 Tukwila households ■ Provide 12 vouchers ■ Include Tukwila specific narrative 2nd Quarter ■ Serve 12 Tukwila households ■ Provide 12 vouchers ■ Include Tukwila specific narrative 3rd Quarter ■ Serve 12 Tukwila households Provide 12 vouchers ■ Include Tukwila specific narrative 4th Quarter ■ Serve 12 Tukwila households ■ Provide 12 vouchers ■ Include Tukwila specific narrative ■ Submit demographics ■ Submit outcomes, indicators and results Funds will be used to pay for direct financial assistance (73% = $33,000) and (27% = $12,000) administrative 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. 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 above. 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. CA Revised 1-2013 Page 5 of 6 OPERATING BUDGET FOR 2017-2018 PLANNED MONTHLY EXPENDITURES Monthly 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,12 Funds will be used to pay for: Total Expenditures $45,000.00 annually Direct financial assistance: (73% = $33,000.00) = approximately $2750.00 per month Administrative costs: (27% = $12,000.00) = $1000.00 per month CA Revised 1-2013 Page 6 of 6