HomeMy WebLinkAboutCSS 2020-12-14 COMPLETE AGENDA PACKETCity of Tukwila
Community Services
and Safety Committee
O Kate Kruller, Chair
O Thomas McLeod
O Cynthia Delostrinos Johnson
AGENDA
Distribution:
K. Kruller
T. McLeod
C. Delostrinos Johnson
D. Quinn
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
A. Youn
L. Humphrey
MONDAY, DECEMBER 14, 2020 — 5:30 PM
FOSTER CONFERENCE RooP4
(6300 Building, Suite 100)
THIS MEETING WILL NOT BE CONDUCTED AT CITY FACILITIES
BASED ON THE GOVERNOR'S PROCLAMATION 20-28.
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING IS: 1-253-292-9750, Access Code 886663323#
Next Scheduled Meeting: January 2021
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerkaTukwilaWA.gov) for assistance.
Item
Recommended Action
Page
1.
BUSINESS AGENDA
a. 2021-2022 Human Services contracts over
a.
Forward to 1/18/21
Pg.1
$40,000.00.
Consent Agenda.
Stacy Hansen, Human Services Program Coordinator
b. King County Regional Approach to Gun Violence.
b.
Discussion only.
Counci/member Kruller, Chair, Community Services and
Safety Committee
2.
MISCELLANEOUS
Next Scheduled Meeting: January 2021
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerkaTukwilaWA.gov) for assistance.
City of Tukwila
INFORMATIONAL MEMORANDUM
Allan Ekberg, Mayor
TO: Community Services and Safety
CC: Mayor Ekberg, David Cline
FROM: Stacy Hansen, Human Services Program Coordinator
DATE: November 23, 2020
SUBJECT: Human Services Contracts over $40,000 for 2021-22 funding cycle
ISSUE
Human Services contracts with community-based organizations to support residents' human services
needs. Seven contracts are above the mayor's signature authority and require Council approval.
City Council recently passed the 2021/2022 biennial budget, which included a one-time budget
increase for human services of an additional $250,000 for the 2021 calendar year. $38,712 of the
$250,000 increase was allocated to nine previously funded Human Services agencies. The remaining
funds will go to a part-time staff member and the bulk of them for rental and utility assistance. Three of
the nine agencies with contracts over the $40,000 threshold were increased with the Council's
additional funding for Human Services. Those three are starred * below.
• Catholic Community Services
• Children's Therapy Center (joint MOU)
• Childhaven (behavioral health)
• Childhaven (substance use)
• * Multi -Service Center
• * Refugee Women's Alliance
• * Tukwila Pantry
DISCUSSION
These Human Services program contracts are part of the larger, 2021-2022 Administrative Services
Department budget. As done previously, each contract is for a two-year period. Information on the
contracts above the threshold, including agency, program and budget information are detailed below:
Contract/Program
Catholic Community Services (Emergency financial assistance)
Children's Therapy Center — MOU (therapeutic medical services- youth)
Childhaven (outpatient behavior health -youth)
Childhaven (substance use — youth)
Multi Service Center (Emergency financial assistance)
Refugee Women's Alliance (financial support, case management)
Tukwila Pantry (food bank)
Total amount
2 yr contract total
$50,000.00
$77,512.00
$110,184.00
$62,640.00
$102,000.00
$57,500.00
$77,000.00
$536,836.00
2
INFORMATIONAL MEMO
Page 2
RECOM MENDATION
Staff is asking Council to forward the contract authorization request to the first Regular Council
consent agenda in January.
ATTACH MENTS
2021/22 HS Contracts over $40K spreadsheet
Proposed - Catholic Community Services contract
Proposed - Children's Therapy Center (Tukwila is Lead on MOU) contract
Proposed - Childhaven Out -Patient Behavioral Health contract
Proposed - Childhaven Substance Use contract
Proposed - Multi -Service Center contract
Proposed - Refugee Women's Alliance contract
Proposed - Tukwila Pantry contract
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Info memo over $40,000 2021-22 11-15-20 draft.doc
2O19-2O��UOU@OServices contracts over $40,000
2021
2022
2021/22
Contract
annual amount
annual amount
contract total
1
Catholic Community Services (Emergency financial assistance)
$25,000.00
$25,000.00
$50,000.00
2
hUdren'sTherapy enter [theraputicmedical services l-l#(nt
U
$38,756.00
$38,756.00
$77,512.00
3
Childhaven (out patient behavioral health)
$55,092.00
$55,092.00
$110,184.00
4
Child haven (substance use)
$31,320.00
$31,320.00
$62,640.00
5
Multi Service Center (Emergency financial assistance)
$55,000.00
$47,000.00
$102,000.00
6
Refugee Womens Alliance (Basic Family Needs)
$30,000.00
$27,500.00
$57,500.00
7
Tukwila Pantry (Food pantry)
$40,000.00
$37,000.00
$77,000.00
HIGHLIGHTED IN RED ARE PART OF COVID INCREASES IN 2021 ONLY
Total amount
$275,168.00
$261,668.00
$536,836.00
4
Children's Therapy Center-j#intUpartner city awards
Burien
$7,000.00
$7,000.00
$14,000.00
Covington -not finalized
$5,000.00
$5,000.00
$10,000.00
Des Moines
Federal Way -not finalized
$4,000.00
$8,000.00
$4,000.00
$8,000.00
$8,000.00
$16,000.00
Renton
~~TuKxvUm{ti n|Yamount coming from the Tui m/iia budget)
$7,500.00
$7,256.00
$7,500.00
$7,256.00
$15,000.00
$14`512.O0
Tuta|Joint MOU amount
$38,756.00
$38,756.00
$77,512.00
4
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Catholic Community Services,
hereinafter referred to as "the Contractor," whose principal office is located at 100 23rd Ave. S., Seattle, WA
98144.
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 $25,000 for 2021 and $25,000 for 2022.
3. Contractor Budaet. 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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 6
5
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 6
6
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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.
CA Revised May 2020 Page 3 of 6
7
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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
8
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Catholic Community Services
2021 Funding:
$25,000.00
Program:
Emergency Assistance Program
2022 Funding:
$25,000.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$50,000.00
Definition of Service Unit: Emergency financial assistance to low-income residents to assist with meeting
basic needs including shelter and a variety of utilities (electricity, water, sewer, gas, septic, etc.).
Quarter
Service Unit
# of Units
Cumulative
Total
1st
Unduplicated City of Tukwila residents served
3
3
Number of vouchers written
3
3
2nd
Unduplicated City of Tukwila residents served
3
6
Number of vouchers written
3
6
3rd
Unduplicated City of Tukwila residents served
3
9
Number of vouchers written
2
8
4th
Unduplicated City of Tukwila residents served
3
12
Number of vouchers written
2
10
ANNUAL
GOALS
Unduplicated Tukwila Residents
Number of vouchers written
12
10
12
10
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.
Personnel
$12,500.00
Non-Personnel/direct financial assistance
$12,500.00
Budget/Award annual award
$25,000.00
CA Revised May 2020
Page 5 of 6
9
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: 93% of households will avoid eviction and/or utility shut off.
Measurement: Upon completion of intake, the case manager communicates with the landlord and/or utility
company to ensure that payment from the Emergency Assistance program is going to prevent eviction and
retain housing and/or keep the utilities on in their home. This result is then documented in our Clarity
database system.
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 2022 / January 31st 2023
CA Revised May 2020 Page 6 of 6
10
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Children's Therapy Center, hereinafter
referred to as "the Contractor," whose principal office is located at 10811 SE Kent-Kangley Road, Kent, WA,
98030.
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,
WHEREAS, the City is a party to a Memorandum of Understanding Between the Cities of Burien,
Covington, Des Moines, Federal Way, Renton, and Tukwila (Lead City) for Planning, Funding, and
Implementation of a Joint Human Services Application and Funding Program (the "MOU"); and
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 $7,256.00 for 2021 and $7,256.00 for 2022.
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, 2021, and ending December 31, 2022, 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.
CA Revised May 2020 Page 1 of 7
11
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
CA Revised May 2020 Page 2 of 7
12
maintained by the City shall be excess of the Contractor's insurance and shall not contribute with
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
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.
CA Revised May 2020 Page 3 of 7
13
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 , 20_
CITY OF TUKWILA CONTRACTOR
By:
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
CA Revised May 2020
14
Printed Name and Title:
Address:
Page 4 of 7
Exhibit A 2021-2022 Service Report
Joint MOU for Burien, Covington, Des Moines, Federal Way, Renton, Tukwila
To:
City of Tukwila
Stacy Hansen
Human Services
6200 Southcenter Blvd.
Tukwila, WA 98188
stacy.hansen(c�tukwilawa.gov, 206-433-7180
Agency:
Children's Therapy Center
Kelli Nakayama
10811 SE Kent-Kangley
Kent, WA 98030
kellin(c�ctckids.orq, 253-216-0772
The Agency shall provide residents in the MOU cities of Tukwila, Burien, Covington, Des Moines, Federal Way and Renton (the
"Cities") with a variety of necessary therapeutic services, including but not limited to: Physical therapy, occupational therapy,
speech therapy, oral motor and feeding, social skills, aquatic and hippotherapy, fitness center group, early intervention and parent
education.
2021-2022 SERVICE UNITS
Buries Performance Measures
$7,000
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4th
Quarter
Number of Unduplicated Clients
24
6
6
6
6
Number of Medical Care Visits
48
12
12
12
12
Covington Performance Measures
$5,000
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4th
Quarter
Number of Unduplicated Clients
18
5
5
4
4
Number of Medical Care Visits
35
10
10
8
7
Des Moines Performance Measures
$4,000
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4th
Quarter
Number of Unduplicated Clients
14
4
4
3
3
Number of Medical Care Visits
28
7
7
7
7
Federal Way Performance Measures
$8,000
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4t"
Quarter
Number of Unduplicated Clients
28
7
7
7
7
Number of Medical Care Visits
55
14
14
14
13
Renton Performance Measures
$7,500
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4th
Quarter
Number of Unduplicated Clients
26
7
7
6
6
Number of Medical Care Visits
52
13
13
13
13
Tukwila Performance Measure
$7,256
Annual Goal
Goal 1st
Quarter
Goal 2nd
Quarter
Goal 3rd
Quarter
Goal 4th
Quarter
Number of Unduplicated Clients
25
7
6
6
6
CA Revised May 2020
Page 5 of 7
15
Number of Medical Care Visits
50
14
12
12
12
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.
Personnel/Operating
$38,756.00
Non -Personnel
Budget/Annual award total
$38,756.00
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: 75% of children birth to three who receive at least 6 months of CTC services and children ages
3-18 who receive at least 12 weeks of CTC services will make "good" or "great" progress towards their
treatment goals.
Measurement: For every child in our Early Intervention program, their therapy team completes a Child
Outcomes Summary (COS), a standardized tool that rates a child's functioning relative to age -expected
behaviors at intake and exit (when the child turns 3 or when they no longer need services, whichever
comes first). The # enrolled in the program is all children served by CTC during the year. The # measured
for outcome is the # of children who graduate from our El program after at least 6 months. The # achieving
the outcome is the # of children who exit the program who improved their acquisition of knowledge and
skills.
Quarterly Reports: The Agency shall prove to the City of Tukwila with quarterly reports outlining the
Agency's progress in meeting these performance measures. These quarterly reports shall describe the
services provided specifically to each of the Cities. These quarterly reports shall be provided on the due
dates specified below.
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, 2022 / January 31th 2023
Regular Monitoring Visit: The Agency shall allow the City to conduct a regular monitoring visit to the
Agency, at a date and time agreeable to the parties.
CA Revised May 2020
16
Page 6 of 7
Joint MOU Cities
OPERATING BUDGET FOR 20
PLANNED QUARTERLY EXPENDITURES
CHILDREN'S THERAPY CENTER
ANNUAL BUDGET SUMMARY ANNUAL AWARD QUARTERLY AWARD
BURIEN
$7,000.00
$1750.00
COVINGTON
$5,000.00
$1,250.00
DES MOINES
$4,000.00
$1,000.00
FEDERAL WAY
$8,000.00
$2000.00
RENTON
$7,500.00
$1875.00
TU ILA
$7,256.00
$1814.00
TOTAL
$38,756.00
$9,689.00
CA Revised May 2020 Page 7 of 7
17
18
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Childhaven, hereinafter referred to as
"the Contractor," whose principal office is located at 316 Broadway, Seattle, WA 98122.
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 $55,092 for 2021 and $55,092 for 2022.
3. Contractor Budaet. 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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 6
19
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 6
20
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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.
CA Revised May 2020 Page 3 of 6
21
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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
22
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Childhaven
2021 Funding:
$55,092.00
Program:
Out -Patient Behavioral Health (OP -BH)
2022 Funding:
$55,092.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$110,184.00
Definition of Service Unit: School-based behavioral health services in all Tukwila schools. Therapists
will work with students and their family members to address a variety of emotional and behavioral
issues.
Quarter
Service Unit
# of Units
Quarterly
amount
1st
Unduplicated City of Tukwila residents served
20
Number of hours of counseling, c/m, groups
185
Include Tukwila specific narrative
$13,773.00
2nd
Unduplicated City of Tukwila residents served
14
Number of hours of counseling, c/m, groups
125
Include Tukwila specific narrative
$13773.00
3rd
Unduplicated City of Tukwila residents served
4
Number of hours of counseling, c/m, groups
36
Include Tukwila specific narrative
$13,773.00
4th
Unduplicated City of Tukwila residents served
10
Number of hours of counseling, c/m, groups
94
Include Tukwila specific narrative
$13,773.00
Annual
Goals
Unduplicated residents
Hours of counseling, c/m and groups
48
440
$55,092.00
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.
Personnel/Operations
$55,092.00
Non -Personnel
$
Budget/Annual Award total
$55,092.00
CA Revised May 2020
Page 5 of 6
23
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: 70% of behavioral health clients (youth with emotional and/or behavioral disturbance) will
develop/strengthen coping skill to improve their behavioral health.
Measurement: Monthly tracking process for specific goals identified in individual treatment plans. Goals
are reviewed monthly by the client and clinician to assess progress and success rate in meeting the goal.
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 2022 / January 31st 2023
CA Revised May 2020 Page 6 of 6
24
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Childhaven, hereinafter referred to as
"the Contractor," whose principal office is located at 316 Broadway, Seattle, WA 98122.
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 $31,320 for 2021 and $31,320 for 2022.
3. Contractor Budaet. 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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 6
25
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 6
26
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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.
CA Revised May 2020 Page 3 of 6
27
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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
28
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Childhaven
2021 Funding:
$31,320.00
Program:
Substance Use (SUD)
2022 Funding:
$31,320.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$62,640.00
Definition of Service Unit: School-based substance use counseling, behavioral health services, group
sessions, assessments, and case management for students at Showalter Middle and Foster High School.
Quarter
Service Unit
# of Units
Quarterly
amount
1st
Unduplicated City of Tukwila residents served
4
Number of hours of substance use counseling,
group sessions, assessments, case management.
94
Include Tukwila specific narrative
$7830.00
2nd
Unduplicated City of Tukwila residents served
2
Number of hours of substance use counseling,
group sessions, assessments, case management.
48
Include Tukwila specific narrative
$7830.00
3rd
Unduplicated City of Tukwila residents served
1
Number of hours of substance use counseling,
group sessions, assessments, case management.
23
Include Tukwila specific narrative
$7830.00
4th
Unduplicated City of Tukwila residents served
3
Number of hours of substance use counseling,
group sessions, assessments/case management.
71
Include Tukwila specific narrative
$7830.00
ANNUAL
GOALS
Unduplicated Tukwila Residents
Hours of substance use, assessments, case
management and group sessions
10
236
$31,320
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.
Personnel/Operating
$31,320.00
Non -Personnel
$
Budget/Annual Award total
$31,320.00
CA Revised May 2020
Page 5 of 6
29
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:
Health — Minimum 80% of Tukwila youth served will make progress in addressing issues impacted by
alcohol/drug dependency, as indicated by substantial achievement of agreed upon treatment goals (an
individualized treatment plan, improve communication with parents, etc.).
Measurement: Outcome is measured using progress on meeting treatment plan goals. Clinicians work
with clients on self-directed goals establishing academic and personal success. Goals are reviewed
monthly to assess and rate success.
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 2022 / January 31st 2023
CA Revised May 2020 Page 6 of 6
30
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Multi Service Center, hereinafter referred
to as "the Contractor," whose principal office is located at P.O. Box 23699, 1200 S. 336th St., Federal Way,
WA 98003.
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 $55,000 for 2021 and $47,000.00 for 2022.
3. Contractor Budaet. 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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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,
CA Revised May 2020 Page 1 of 6
31
except for injuries and damages caused by the sole negligence of the Public Entity.
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
CA Revised May 2020 Page 2 of 6
32
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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
CA Revised May 2020 Page 3 of 6
33
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 , 20
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
34
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Multi Service Center
2021 Funding:
$55,000.00
Program:
Emergency Assistance Program
2022 Funding:
$47,000.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$102,000.00
Definition of Service Unit: Direct financial assistance for eviction prevention, utilities, water, sewer bills to
assist Tukwila residents in maintaining their housing.
*Funds will be used to for direct financial assistance $33,000 and $12,000 (pending) for administrative
costs.
Quarter
Service Unit
# of Units
Cumulative
Total
1st
Unduplicated City of Tukwila residents served
25
$55,000.00
$47,000.00
Number of vouchers written
12
Include Tukwila specific narrative
2nd
Unduplicated City of Tukwila residents served
25
Number of vouchers written
12
3rd
Unduplicated City of Tukwila residents served
25
Number of vouchers written
12
Include Tukwila specific narrative
4th
Unduplicated City of Tukwila residents served
25
Number of vouchers written
12
ANNUAL
GOALS
Unduplicated Tukwila Residents
Number of vouchers written
100
48
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.
2021
2022
Personnel
$
Non-Personnel/Direct financial assistance
$
Budget/Award annual total
$55,000.00
$47,000.00
CA Revised May 2020
Page 5 of 6
35
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: 75% of households served are stable six months after receiving MSC services and do
not return to homeless or unstable living situations.
Measurement: Case files are maintained on each household receiving assistance and follow up data is
collected to determine if they remain housed.
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, 2022 / January 31th 2023
CA Revised May 2020 Page 6 of 6
36
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Refugee Women's Alliance, hereinafter
referred to as "the Contractor," whose principal office is located at 4008 Martin Luther King Jr. Way S.,
Seattle, WA 98108.
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 $30,000.00 for 2021 and $27,500.00 for 2022.
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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 6
37
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 6
38
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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.
CA Revised May 2020 Page 3 of 6
39
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 , 20
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
40
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Refugee Women's Alliance
2021 Funding:
$30,000.00
Program:
Basic Needs, Case Management towards
Self -Sufficiency
2022 Funding:
$27,500.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$57,500.00
Definition of Service Unit: Case management hours. Services include: advocacy, barrier removal, housing,
financial assistance, health, employment and social service referrals, system navigation, life skills, job
skills, self-sufficiency coaching, family integration with new community.
Quarter
Service Unit
# of Units
Quarterly
Billable
2021
Quarterly
Billable
2022
1st
Unduplicated City of Tukwila residents served
12
Number of hours of case management
93
$7500.00
$6875.00
2nd
Unduplicated City of Tukwila residents served
12
Number of hours of case management
93
$7500.00
$6875.00
3rd
Unduplicated City of Tukwila residents served
13
Number of hours of case management
93
$7500.00
$6875.00
4th
Unduplicated City of Tukwila residents served
13
Number of hours of case management
93
$7500.00
$6875.00
ANNUAL
GOALS
Unduplicated Tukwila Residents
Hours of case management
50
372
$30,000.00
$27,500.00
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.
2021- Pending
Personnel/Admin
$17,755.00 = $4,438.75 billable per quarter
Non-Personnel/Direct Services
$8,745.00 = $2,186.25 billable per quarter
Budget/Annual award total
$30,000.00
CA Revised May 2020
Page 5 of 6
41
2022 - Pending
Personnel/Admin
$17,755.00 = $4,438.75 billable per quarter
Non-Personnel/Direct Services
$8,745.00 = $2,186.25 billable per quarter
Budget/Annual award total
$27,500.00
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: 85% of participants will have increase knowledge of available resources and support in
accessing them. Participants in emergency situations shall receive financial assistance to prevent utility
shut-off and/or eviction.
Measurement: Case managers capture and record clients served, case management hours, services
provided (including but not limited to program referrals, successful employment, housing, increase in
benefits, etc.). Follow up is conducted with all clients and progress/outputs/outcomes are document in case
notes, tabulated and reported annually.
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, 2022 / January 31ST 2023
CA Revised May 2020 Page 6 of 6
42
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA98188
CONTRACT FOR SERVICES
Contract Number:
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 Tukwila Pantry, hereinafter referred to
as "the Contractor," whose principal office is located at 3118 S. 140th St., Tukwila, WA, 98168.
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 $40,000.00 for 2021 and $37,000.00 for 2022.
3. Contractor Budaet. 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, 2021, and ending December 31, 2022, 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.
6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers,
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 Public Entity.
CA Revised May 2020 Page 1 of 6
43
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 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 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 remedy available at law or in equity.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum 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
Office (ISO) 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 no less than $2,000,000 each occurrence,
$2,000,000 general 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 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 assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO form
CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability
arising from explosion, collapse or underground property damage. The City shall be named
as an additional 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 endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
limits than the minimums shown above, the Public Entity shall be insured for the full available limits
of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective
of whether such limits maintained by the Contractor are greater than those required by this Contract
or whether any certificate of insurance furnished to the Public Entity evidences limits of liability
lower than those maintained by the Contractor.
C. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General
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
it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
CA Revised May 2020 Page 2 of 6
44
of not less than A: VII.
E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before commencement of
the work. Upon request by the City, the Contractor shall furnish certified copies of all required
insurance policies, including endorsements, required in this Agreement and evidence of all
subcontractors' coverage.
F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance
coverage that complies with all applicable requirements of the Contractor -provided insurance as
set forth herein, except the Contractor shall have sole responsibility for determining the limits of
coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public
Entity is an additional insured on each and every Subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing
operations and CG 20 37 10 01 for completed operations.
G. 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.
H. Failure 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 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 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 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. 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 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 of materials or supplies.
12. Assianment 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.
CA Revised May 2020 Page 3 of 6
45
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 , 20_
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED:
City Clerk, Christy O'Flaherty
APPROVED AS TO FORM:
Office of the City Attorney
By:
Printed Name and Title:
Address:
CA Revised May 2020 Page 4 of 6
46
Exhibit A
Scope of Services City of Tukwila
2021-2022 Program Services Agreement
Agency:
Tukwila Pantry
2021 Funding:
$40,000.00
Program:
Tukwila Pantry food distribution services
2022 Funding:
$37,000.00
Effective Date:
January 1, 2021 — December 31, 2022
Total:
$77,000.00
Definition of Service Unit: Report number of unduplicated Tukwila residents. Report pounds of food
distributed to all Tukwila residents.
* No goal set — `report on' function. * Narrative due quarterly on trends and needs. * Quarterly budget
sheet to be submitted.
Quarter
Service Unit
# of Units
Quarterly
Billable 2021
Quarterly
Billable 2022
1st
Unduplicated City of Tukwila residents served
Report on
$37,000.00
Number of pounds of food distributed
Report lbs.
$10,000.00
$9250.00
2nd
Unduplicated City of Tukwila residents served
Report on
Number of pounds of food distributed
Report lbs.
$10,0000.00
$9250.00
3rd
Unduplicated City of Tukwila residents served
Report on
Number of pounds of food distributed
Report lbs.
$10,0000.00
$9250.00
4th
Unduplicated City of Tukwila residents served
Report on
Number of pounds of food distributed
Report lbs.
$10,000.00
$9250.00
ANNUAL
GOALS
UNDUPLICATED TUKWILA RESIDENTS
POUNDS OF FOOD DISTRIBUTED
REPORT ON
REPORT ON
$40,000.00
$37,000.00
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.
2021
2022
Personnel
$40,000.00
$37,000.00
Non -Personnel
$
Budget/Annual award total
$40,000.00
$37,000.00
CA Revised May 2020
Page 5 of 6
47
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: 75% of clients will report having increased access to food.
Measurement: Annual survey is collected during first of the year intake renewal process. Collected data
is entered into Google Survey, which automatically tabulates and report percentages for each question.
That data is obtain through a Survey Results document.
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, 2022 / January 31st 2023
CA Revised May 2020 Page 6 of 6
48