HomeMy WebLinkAbout19-046 - Way Back Inn - 2019-2020 Utility and Maitenance Supplies / Human ServicesCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Contract Number:
19-046
Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Way Back Inn, hereinafter referred to
as "the Contractor," whose principal office is located at P.O. Box 621, Renton, WA98055.
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 to the rate and method set forth on Exhibit A attached 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 Budget. The Contractor shall apply the funds received under this Agreement within the
maximum limits 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 Agreement. This Agreement shall be in full force and effect for a period commencing
January 1, 2019, and ending December 31, 2020, 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 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.
A kr \ CA,
CA Revised December 2016
Page 1 of 6
6. Indemnification. The Contractor shall defend, indemnify and hod the Public Entity, its officara,
offkiaUa, employees and volunteers harmless from any and allclaims, injuries, damages, losses or
suits including attorney feea, arising out cfor in connection with the performance of this Aoreennen1,
except for injuries anddarnageemaueedbytheeo|anmQ|igenoeofthmPub|ioEntib/.
Should a courtof competent jurisdiction determine that this Agreement is subjectRCVV424115
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 ordamage 10 property which may arisefn»nn or in connection
with the performance of the work hereunder by the Contractor, their agents, repnasentativee,
employees or subcontractors. Contractor's maintenance of inaumonne, its scope of coverage and
|inni[o 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 remedy available at law or in
A. Minimum Scope of Insurance. Contractor shall obtain insurance ofthe types and with the limits
described below:
1. Automobile Liability insurance with a rnininnunl combined single limit for bodily injury and
property damage of$1'DOO.00O per accident. Automobile liability insurance shall cover all
ovvned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance
Services Office (|B[]) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits noless than $1.00O.0OOeach occurrence,
$2.000.000genera aggregate and $2,000,000 products -completed operations aggregate limit.
Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
OO 01 and shall cover liability arising from prannioee, operotionm, independent contractors,
products -completed nperationa, atop gap |iobi|ib/, personal injury and advertising injury, and
liability assumed under oninsured contract. The Commercial General Liability insurance shall
beendorsed toprovide aper project gonena|a0gngQato|inliLuaing|S{]formmCG25O3O5O9
or an equivalent endorsement. There mho|| be no exclusion for liability arising from explosion,
collapse orunderground property damage. The City shall benamed aaanadditional insured
under the Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations andoraementCG 20 37 1001 or substitute
endorsements providing a1least eebroad coverage.
3.Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
CARevised December 2016 Page 2ofG
B. Other Vnammemce Provision. The Contractor's Automobile Liability and Commercial General
Liability insurance policies are to nontain, or be endorsed to contain that they shall be primary
insurance with respect hothe City. Any insurance, me|Anaunance, 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.|nsumnce is to be placed with insurers with ocurrent &M.Best rating
of not less than A: VI I.
D. Verification of Coverage. Contractor shall furnish the City with originalcertificates and acopy of
the amendatory ondoreernento, including but not neneoeahk/ limited to the additional insured
endorgemerd, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the Qtv. the Contractor shall furnish certified copies of all required
insurance po|icieo, including endon*ernonim, required in this Agreement and evidence of all
subcontractors' coverage.
E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and |inniha required, if any, to be obtained by subcontractors, which determination eho||
bmmade inaccordance with reasonable and prudent business practices.
F. Notice of Cancellation. The Contractor shall provide the City and all Additional |nounodn for this
work with written notice of any policy cancellation, within two business days of their receipt of such
G. Fahkmmm to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
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 Keepimq and RepoM0nq.
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 the performance of 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.
9. Audits and Inspections. The records and documents with respect toall matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance of
this Agreement.
10LTermmUnation. This Agreement may at any time be terminated by the City giving to the Contractor
thirtyhoprovide products
onschedule may result |ncontract termination. |fthe Contractor's insurance coverage |scanceled for
any reason, the City shall have the right to terminate this Agreement immediately.
11.Discrimimation Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
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 ofmaterials or supplies.
CARevised December 2016 Page 3nf8
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; 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*. day of AMY-61--- , 20 '\
CITY OF TUKWILA CONTRACTOR
By:
Rachel Bianchi, Deputy City Administrator
Printed Name and Title: Kajal Ram/Board President
Address: P.O. Box 621
Renton, WA 98057
CA Revised December 2016
Page 4 of 6
Exhibit A
Scope of Services City of Tukwila
2019-2020 Program Services Agreement
Agency:
Way Back Inn
2019 Funding:
$10,000.00
Program:
Way Back Inn
2020 Funding:
$10,000.00
Effective Date:
January 1, 2019 — December 31, 2020
Total:
$20,000.00
Definition of Service Unit: Number of bed nights provided to families experiencing homelessness and
report number of face to face case management check point visits.
Tukwila funds will be used to pay for utility expenses/maintenance supplies at the 3 Tukwila houses:
Kennedy's Cottage, 15421 42nd Ave. S., Harnett Manor (upper and lower units), 14688 Macadam Rd. S.,
and Gregor House, 14239 42nd Ave. S.
Personnel costs to be billed at $500.00 per quarter.
Quarter
Service Unit
# of Units
Quarterly
Billable
1st
Report # of unduplicated Tukwila residents
7
Report number of bed nights
250
Report number of face to face c/m visits
20
2nd
Report # of unduplicated Tukwila residents
6
Report number of bed nights
250
Report number of face to face c/m visits
20
3rd
Report # unduplicated Tukwila residents
6
Report number of bed nights
250
Report number of face to face c/m visits
20
4th
Report # of unduplicated Tukwila residents
6
Report number of bed nights
250
Report number of face to face c/m visits
20
ANNUAL
GOALS
Unduplicated Tukwila Residents
Number of bed nights
Number of face to face c/m visits
25
1000
80
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.
CA Revised December 2016
Page 5 of 6
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.
Personnel
$ 2,000.00
Non-Personnel/utilities/maintenance supplies
$ 8,000.00
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 exiting families move to longer -term transitional or permanent housing.
Measurement: Program Director or Program Coordinator meets with families weekly and exit planning is
discussed regularly. Families are tracked where they are moving to at the end of their stay at WBI.
Success is identified as long-term transitional or their own permanent housing.
QUARTERLY REPORTS
DUE DATES
1st thru 3rd quarter reports
ist = 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