HomeMy WebLinkAbout19-047 - Lutheran Community Services NW - 2019-2020 Community Programs / Human Services���v��x�
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CONTRACT FOR SERVICES
Contract Number: 19-047
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, onVn-charter
optional municipal code city hereinafter referred to ag"the Ci " and Lutheran Community Services NW,
hereinafter referred to as "the Contractor," xvhoua principal office is located at4O4O S. 188m St., Suite 300.
SgaTao.VVA 98188.
WHEREAS, the City has determined the need 0uhave certain services performedfor its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor 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 bv 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 hnnem comply with all Fedena|.
State, and local g1atutaa, 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 PaVmmemt. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit Aattached hereto and incorporated herein by
this reference. The total amount to be paid shall not exceed $10,000.00 for 2019 and $10,000.00 for
2020.
3. Contractor KBud_qet' The Contractor shall apply the funds received under this Agreement within the
nnaxinnurn Unmda set forth in this Agreement. The Contractor shall request prior approval from the City
whenever the Contractor desires to amend its budget in any way.
4. Duration of Aqreement. This Agreement shall beinfull force and effect for a period commencing
January 1. 2019. and ending Dmcannber31. 2020. unless sooner terminated under the provisions
hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor ioonindependent contractor
with respect iothe services provided pursuant hothis Agreement. Nothing inthis Agreement shall bo
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 orcontributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer with respect tothe
Contractor, orany employee ofthe Contractor.
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C&Revised December 2Ol6
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Page I of 6
6. Indemnification. The Contractor shall defond, indemnify and hold the Public Entbv, its officero,
officials, employees and volunteers harmless from any and all o|airnm, injuries,omlosses
suits including attorney fees, arising out ofor in connection with the performance ofthis Agreement,
except for injuries anddarnegaacaunadbythemo|gneQ|igenceofthePub|icEndtv.
Should a court of competent jurisdiction determinethat this RCVV 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 Public Entity, its
officers, officials, employees, and volunteers, the 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.
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 mayarise from or in connection
with the performance of the work hereunder by the Contreu1or, their agents, reprementaUvea,
employees or subcontractors. Contractor's maintenance of inmuranue, its scope of coverage and
limits as required herein shall not be construed to |inniL the liability of the Contractor to the coverage
provided bysuch insurance, orotherwise limit the Cib/arecourse toany remedy available atlaw urin
A. Minimum Scope of Insurance. Contractor shall obtain insurance ofthe types and with the limits
described below:
1. Automobile Liability insurance with m minimum combined single limit for bodily injury and
property damage of$1.00O.00O per accident. Automobile liability insurance shall cover all
ovvnnd, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (|8[)) fnnn CA OO 01 or a substitute form providing equivalent liability
coverage. |fnecessary, the policy shall be endorsed toprovide contractual liability coverage.
2. Conlmnercm|Genera|Liabi|hVinauranoovvhb|imniteno|emethon$1.ODO.00Omaohoccunnnne.
$2.O0O.00Ogeneral aggregate and $2.00O.00Oproducts-completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
DO 01 and shall cover liability arising from pramniaeo, oporationm, independent oontnaotora,
products -completed operations, stop Dap |iabi|ib/, personal injury and advertising injury, and
liability assumed under mninsured contract. The Commercial General Liability insurance shall
be endorsed toprovide oper project genera|oQQregatn|imitueing|SCJfmrrnCG25O3O5OS
mrmnequivalent endorsement. There shall bgnoexclusion for liability arising from explosion,
collapse orunderground property damage. The City shall benamed aoonadditional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endoneementCG 20 10 10 01 and
Additional Insured -Completed [)penebone endormennentCG 30 37 10 01 or substitute
endorsements providing otleast ambroad coverage.
3.Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
CARevised December 2016 Page 2ufG
B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are tocontain, orboendorsed hocontain that they shall be primary
insurance with respect to the City. Any innurunoe, ae|f-inauranue, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
C. Acceptability of Insurers.|nsurance is to be placed with insurers with acurrent A.M.Best rating
of not less than A: Vil.
O. Verification of Coverage. Contractor shallfu i hthoCdv withoriginal cortificateoandocopyof
the amendatory endonaernante, including but not nmcomoah|y limited to the additional insured
endureennant, evidencing the insurance requirements of the Contractor before oornnnenmerngrd of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance po|iciee, including endoroernento, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits rmquined, if any, to be obtained by subcontractors, which determination ehn||
bemade inaccordance 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 Insurance. Failure on the part ofthe Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon whichthe City may, after i inQfive
business days notice to the Contractor to correct the breach, immediately terminate the contract
or, at its discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion
of the City, offset against funds due the Contractor from the City.
8. Record Kempinq and ReporNnq'
A. The Contractor shall maintain accounts and reoordo, including nel, 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 cnthis Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records ahoU be maintained fora period of seven termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCVV
Chapter 40.14 and by the City.
9. 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.
10'Terminatiom' This Agreement may at any time be terminated by the City giving' the Contractor
thirty
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 to the work performedby it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,aga.
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence
of any disability, or any other protected class status under state or federal law, in the selection and
retention of employees or procurement of materials or supplies.
CARevised December 2016 Page 3o[G
12. 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.
13. Entire Agreement; 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. Severability 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 shall be sent to the address provided by the Contractor upon the
signature line below.
16. Applicable Law; Venue; Attornev'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
R. hel Bi nchi, Deputy City Administrator
, 20 rt
CONTRACTOR
By:
Printed Name and Title: David Duea,
President & CEO
Address: 4040 S. 188th Street, Suite 300
SeaTac, WA 98188
CA Revised December 2016
Page 4 of 6
Exhibit A
Scope of Services City of Tukwila
2019-2020 Program Services Agreement
Agency:
Lutheran Community Services
2019 Funding:
$10,000.00
Program:
LCSNW Community Programs
2020 Funding:
$10,000.00
Effective Date:
January 1, 2019 — December 31, 2020
Total:
$20,000.00
Definition of Service Unit: Residents enrolled in Community Programs including; trainings, workshops,
classes, Information and referral assistance, case management and immigration related services.
Quarter
Service Unit
# of
Units
Quarterly
Billable
1st
Unduplicated City of Tukwila residents served
50
# of residents enrolled in trainings, workshops, classes
10
Report number of residents who utilize connection desk
$2,500.00
2nd
Unduplicated City of Tukwila residents served
50
# of residents enrolled in trainings, workshops, classes
10
Report number of residents who utilize connection desk
$2,500.00
3rd
Unduplicated City of Tukwila residents served
49
# of residents enrolled in trainings, workshops, classes
10
Report number of residents who utilize connection desk
$2,500.00
4th
Unduplicated City of Tukwila residents served
50
# of residents enrolled in trainings, workshops, classes
9
Report number of residents who utilize connection desk
$2,500.00
ANNUAL
GOALS
Unduplicated Tukwila Residents
# of residents enrolled in trainings, workshops, classes
199
39
$10,000.00
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 Program
Coordinator.
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.
CA Revised December 2016
Page 5 of 6
Personnel/Operating
$10,000.00
Non -Personnel
$
Budget/Annual award total
$10,000.00
Demographic and Outcome Data Report
The Agency shall collect and retain demographic data from the persons served through this contract. Data
should be tracked in an ongoing manner and submitted annually by January 30 of the following year. Outcome
data shall be submitted annually in conjunction with the Demographic report. Data should be collected and
demonstrate the program's progress toward Outcomes as specified below.
Outcome: 80% of residents seeking resources receive the resource or an appropriate referral.
Measurement: We anticipate over 4,000 service encounters for individuals seeking resources and/or
referral. We anticipate that a minimum of 3,200 service encounters will result in the individual receiving a
resource or receiving an appropriate referral. Outcomes results will be collected and analyzed via
Extended Reach, our database software.
QUARTERLY REPORTS
DUE DATES
1st thru 3rd quarter reports
= 1st April 15th
2nd = July 15th
3rd = October 15th
4th and final annual reimbursement
First week in January. Date to be announced.
Outcomes and demographics
January 31st 2020 / January 29th 2021
CA Revised December 2016 Page 6 of 6